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HomeMy WebLinkAbout94-020 - Final Environmental Impact Report for the McFadden Avenue Realignment ProjectRESOLUTION NO. 94-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE McFADDEN AVENUE REALIGNMENT PROJECT, MAKING CERTAIN FINDING WITH REGARD TO THE ENVIRONMENTAL EFFECTS OF THAT PROJECT, AND ADOPTING A MITIGATION MONITORING PROGRAM FOR THAT PROJECT. REL :5/9/94 WHEREAS, the Planning Commission, after duly noticed public hearing on March 28, 1994, recommended that the City Council approve a specified realignment and widening project for McFadden Avenue, east of Main Street (the "McFadden Avenue Realignment Project"); and WHEREAS, an environmental impact report (consisting of a document entitled "Draft Environment Impact Report" dated January 12, 1993, and a second document entitled "Final Environmental Impact Report, Comments and Responses," dated August 4, 1993) (the "E.I.R.") has been prepared for the McFadden Avenue Realignment Project; and WHEREAS, the California Environmental Quality Act and the State CEQA Guidelines require that, prior to any approval of the Project, the City Council must make certain certifications and findings; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The City council hereby certifies that the E.I.R. has been completed in compliance with the California Environmental Quality Act, and that the E.I.R. has been presented to the City Council, and that the City Council has reviewed and considered the information contained in the E.I.R. prior to approving the McFadden Avenue Realignment Project. 2. Those certain findings set forth in Exhibit A, attached hereto, that certain statement set forth in Exhibit B, attached hereto, and that certain program set forth in Exhibit C, attached hereto, are incorporated herein by reference as though fully set forth. The city Council hereby adopts and approves said findings, statement, and program. RESOLU O 94-020 329 Page 2 ADOPTED this 16th day of ATTEST: COUNCILMEMBERS: Young Aye Pulido Aye Lutz Aye McGuigan Aye Mills Aye Moreno Aye Richardson Aye May , 1994. Daniel H. Young Mayor APP~S TO FO~~~.' Edwa~da~. ~o~pr CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~4"O~O to be the original resolution adopted by the City Council of the City of Santa Aha on ,ff'-~/~ "~'~ Date: ~ 2 Clerk of the Cou~cil/~'~ City of Santa Aha RESOLUTION 94-020 $31 EXHIBIT A CALIFORNIA ENVIRONMENTAL QUALITY ACT STATEMENT OF FINDINGS OF FACT MCFADDEN AVENUE REALIGNMENT AND WIDENING ENVIRONMENTAL IMPACT REPORT I. INTRODUCTION The California Environmental Quality Act (CEQA) and the State CEQA Guide- lines (Section 15091) provide that: No public agency shah approve or carry out a project for which an F_JR 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: Changes or alterations have been required in, or incorporat- ed into, the project which avoid or substantially lessen the significant environmental effect as identified in the final F. IR. Such changes or alterations are within the responsibtBty and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Specific economic, social, or other considerations make infea- sible the mitigation measures or project alternatives identi- fied in the final FIR. The findings required by subsection (a) shah be supported by sub- stantial evidence in the record. The finding in subsection (a)(2) shah not be made if the agency making tbe flndtng bas concurrent jurisdiction with another agency to deal with Identified feasible mitigation measures or alternatives. The City of Santa Aha has prepared an Environmental Impact Report (EIR) for the proposed realignment and widening of McFadden Avenue in accor- dance with CEQA and the requirements of the State CEQA Guidelines. As mandated by legislation in the State of California, the EIR was subject to review and approval by- the City of Santa Aha City Council. At a public meet- ing held onHay 16,. 1994, the EIR was certified by the City Council as ade- quate, in compliance with the provisions of CEQA. 33.2 R~SOLUTEON 94-020 The EIR for the McFadden Avenue Realignment and Widening identified that there would be significant impacts as a direct result of the project. In accor- dance with the Guidelines, the City of Santa Aha hereby adopts the findings in this report as part of the approval of the McFadden Avenue Realignment and Widening project. In adopting this Statement of Findings and Facts, the CiW of Santa Ana City Council approves the McFadden Avenue Realignment and Widening project. The Certification entails approval of the EIR by the City Council. A Mitigation Monitoring and Reporting Program has been prepared to moni- tor and report the implementation of the mitigation measures identified for the McFadden Avenue Realignment and Widening project. The Mitigation Monitoring and Reporting Program was developed in compliance with Assem- bly Bill 3180, which became effective on January, 1989. II. PROJECT DESCRIPTION The project is located in the City of Santa Ana, along McFadden Avenue, bet- ween Maple Street and Main Street. The proposed project has the following design characteristics: East McFadden Avenue is realigned to intersect Main Street in approx- imately the same location as the existing West McFadden Avenue/Main Street intersection, eliminating the existing 370 foot offset intersec- tion along Main Street. Realigned McFadden Avenue provides four lanes of travel from Main Street to Maple Street within a paved width of 64 feet. Right-of-way eaq:mnds from 60 to 80 feet. The project includes removal of the existing signal at East McFadden and Main Street and limits access at this intersection to right turns in and out with construction of a raised median on Main Street to pro- vide for a left turn pocket at Main/~{/est McFadden. The proposed project will require the removal of up to 21 residential and business structures. Project Objectives The following are the project objectives as further explained in the EIR: 1. Incremental implementation of City's General Plan Circulation Ele- ment and the County of Orange Master Plan of Arterial Highways 04/t t/94 (1: ',.S NA402 '.. FIND ING S.RPT) 2 RESOLUTION 94-020 333 4. 5. 6. Implementation of mitigation measure for the South Main Redevelop- merit Plan ': Improve traffic flow on Main Street Improve traffic flow on McFadden Avenue Improve bicycle and pedestrian safety at schools in the vicinity Reduce through traffic on Cypress Avenue. ALTERNATIVES TO THE PROPOSED PROJECT Chapter 6.0 in the Final EIR compare~ the environmental effects of the No Project Alternative to the propoc~"d project and the reasons for rejection of the alternatives considered and rejected. No Proje~ Under the No Project Alternative, the existing alignment and width of McFadden Avenue would remain the same and the offset intersection along Main Street will remain the same. Alternatioes Considered and Rejected Alternatives that were considered and rejected include: Realign McFadden Avenue without widening; Realign and widen McFadden bisecting Lathrop Intermediate High School; Widen McFadden Avenue without realignment; and Widen Main Street at McFadden. IV. HNDINGS OF FACT As stated previously, there are three possible findings under CEQA with r~pect to the significant effects of a project: Finding Changes or alterations have been required in, or in- cz)ri;orated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the final EL~ 04/t t/940: ~SNA402,,FINDINGS.IL'T) 3 RESOLUTION 94-020 Finding 2: Finding Such changes or alterations are within the reaponsibil- try and Jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Specific economic, $ochaL or other cor~siderations make infeasible the mitigation measures or project alternating identified in the final FJ~ After reviewing the Final EIR and the public record on the project, the City of Santa Ana hereby makes the findings in Sections V, VI, and VII, regarding the significant effects of the McFadden Avenue Realignment and Widening pro- jeer, pursuant to Section 15091 of the CEQA Guidelines. Vo Eg'I~CTS DETERMINED TO BE MITIGATABLE TO A LEVEL OF INSIGNIFICANCE Traffic and Circulation Significant Effect The project may result in potential conflict during peak hours between chil- dren arriving and departing l~throp Intermediate High School and northbound/southbound vehicles on Main Street at East McFadden Avenue. Findin~z Finding 1: Changes or alterations have been required in, or in- corporated into, the project which avoid or substan- tially [esaen the significant environmental effect aa identified in the final EIIL Facts in Suooort of Findin~z The significant effect ha$ been su~tantially lesaened to the extent feaaible by virtue of the following mitigation measure identified in the Final EIR and incorporated into the project. 2-1 The City has conferred with and reached agreement with the Santa Aha Unified School District that the following mitigation meaaures O~/t t/94 (I: -$NA402 '..lqN DINGS.I~W) 4 RESOLUTION 94-020 335 The City will install a signalized pedestrian crossing of Main Street at Russell Avenue, because this location has successfully met the warrant criteria for a signalized intersection. The City will install a pedestrian barrier in the proposed median on Main Street between the new Main/McFadden intersection and Russell Avenue, The City will: 1) create a new access gate at the southwest comer of Main Street and West McFadden; 2) leave in place the existing pedes- trian opening on the west side of Main Street directly across from East McFadden Street; and 3) improve the existing pedestrian access gate at the northwest comer of Main/Rnssell Street. £ £ Noise Significant Effect The project will result in increased noise levels for residences adjacent to the realigned roadway. Findin~z Finding 1: Changes or almmtions have been required in, or in- corporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the final EItL Fac~ in Support of Finding The significant effect has been suba~tantially lessened to the extent feasible by virtue of the following mitigation n~easure identified in the Final EIR and incorporated into the project. 4-1 Noise attenuation will be provided as part of the project for the exist- ing residences represented by receptors NR1, NR2, and the residence west of NR1. Adequate attenuation will result from either a six foot high noise wall, or a four foot high earthen berm. Noise barriers will reduce noise levels to meet or exceed City standards. " 04/1 Dg~I(I:'''$NA402 '''lqN DING$'l~lrl') 5 RESOLUTION 94-020 Land Use/Housing and Business Relocation Significant Effect The project will result in property takes, Complete property takes would include six multifamily residences, 11 single family residences, one church, one chapel and two commercial retail uses. Partial takes include one multi- family and three single family residences. Finding Finding 1: Changes or alterations have been required in, or in- corporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding The significant effect ha~ been substantially lessened to the extent feasible by virtue of the following mitigation measure identified in the Final EIR and incorporated into the project. 5-1 Prior to beginning construction, the City shall comply with the Cali- fornia Uniform Relocation Assistance and Real Property Acquisition Policies Act (Government Code Section 7260 et. seq.). This Act re- quires that all public entities in California provide just compensation (fair market value) and relocation advisory assistance to any person or business displaced because of the acquisition of real property for public uses. Relocation advisory services and relocation payments shall be provided to eligible recipients, consistent with this Act. A relocation advisor shall contact emch business and resident required to relocate to provide additional information, subsequent to a deci- sion on the project. Siznificant Effect The project will result in the creation of remnant parcels. Finding Finding 1: Changes or alterations have been required in, or in- corporated into, the project which avoid or substan- tially lessen the significant environmental effe~ as identified in the final EIIL 04/t v94CI: ..SNA402... FINDINGS.RFr) 6 337 RESOLUTION 94-020 Facts in Support of Finding 5-2 Sub~luent to project approval, the Planning D/vision, Public Works Agency and Redevelopment Agency shall coordinate development of final street improvement plans, to ensure that project implementation and the ultimate use of remnant parcels are consistent with appropri- ate City policies, regulations and redevelopment plan strategies. Hazardous Waste Significant Impact Unknown hazardous wastes may be encountered during construction. L [ Finding Finding 1: Changes or alterations have been required in, or in- corporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the final EI1L Facts in Support of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 7-1 A preliminary site investigation (PSI) will be conducted for any sites where hazardous waste/materials are encountered during construc~ tion. A Phase II site assessment, including testing, will determine the extent and type of contaminants involved, and the remediation proce- dures, if required. Any necessary remediation action to properly dis- pose of toxic waste materials will be in compliance with County, State and Federal Policies and Procedures. 7-2 If unknown waste/materials or an underground tank that the contrac- tor believe~ may involve hazardous waste/materials are discovered during construction, the contractor shall: Immediately stop work in the vicinity of the suspected contaminant, remove workers and the public from the 2. Notify the Project Engineer; and 04/11/94(I:'''SNA402 ~'IrlNDINGS-I~PT) 7 RESOLUTION 94-020 7-3 3. Secure the area, as directed by the Project Engineer. The proponent shall follow procedures for site assessment, initiate coordination with County, State, and regulatory agencies as required, and tak~ remedial action as appropriate. Any identified hnwardous waste/materials shall be handled and dis- poeed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code Division 20, Chapter 6.5) standarda established by the California Department of Health Services, Office of Statewide Health Planning and Development, and according to the requirements of the California Administrative Code, Title 30, Chapter 22 and appropriate federal law. [ Aesthetics Signifi~ntEffect The loc~ visual setting will be changed to: 1) remove residential and retail structures and landscaping, 2) remove street trees, 3) redevelop remaining parcels and consolidate with adjacent parcels or landscape as open space, 4) modify existing through roads into eul-de-~e~ and 5) modify existing viewfi-ames and extended views to neighborhood uses or features that are not currently included in the viewfi'ame. However, no unique or significant visual attractions, features or settings will be ~ed. Finding Finding 1: Changes or alterations have been required in, or in- corporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the final EIR. Fac~ in Support of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitil~ation measure identified in the Final Ell{ and incorporated into the project. 8-1 Prior to final approval of the street improvement (PS&E) plans, City staffwill work with neighborhood associations to gain approval of an acceptable landscape treatment for the oal-de-sacs proposed at Cy- press Avenue and East McFadden at Orange Avenue. Additionally, the City will commit to planting street trees in the right-of-way on the realigned segl~ent of McFadden Avenue. 04/t 1D4(I: '''SNA402 '' FINDINGS-RIft) 8 RESOLUTION 94-020 339 Light and Glare Silmificant Effect The project will result in exposure of seven residential properties to new intensified levels of street lighting where none currently exists, Finding Finding 1: Changes or alterations have been required in, or in- corporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding The significant effect has been substantially lessened to the extent feasible by rjr'cue of the following mitigation measure identified in the Final EIR and incorporated into the project. 9-1 Prior to approval of final improvement plans, a street lighting plan shall be prepared for approval by the Executive DireCtor of the Public Works Agency. The plan shall identify the street lighting needs of the proposed project alignment, the location, height and frequency of light standards, the type of lighting needed and the total illumination calculations. The plan shall specifically address ~-eh of the potential- ly impacted parcels discus,red above with respect to anticipated im- pact and required mitigation. Mitigation may include special light shielding or screening, and shall be provided where the lighting plan shows that the new light sources could potentially encroach into existing residential uses (i.e., side or reax yards) or where the new source exceeds the illumination intensi- ty of an existing source and thus has an adverse effect on an existing residence. Light design may include special shields attached to the light source, thus preventing excess lighting from casting onto adja- cent residences. Screening may include, but not be limited to, land- scape materials (trees/bushes, or walls/fences) consistent with the recommendations contained in Section 3.8, Aesthetics. Public Services and Utilities Si_gDificant lmoacts The project will require the relocation of overhead telephone line and two telephone poles. 04/11~'4(I: '-.SNA402 -.IqNDINGS.RFI') 9 Finding Finding 1: Changes or alterations have been required in, or in- corporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the final EIIL Facts in Support of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measure identified in the Final EIR and incorporated into the project. 10-1 Prior to the approval of the final Plans, Specifications and Estimates (PS&E), a Utility Protection and Relocation Plan shall be prepared detailing the following: 1. Any project impacts to existing utilities. Appropriate means to mitigate any identified impacts. Such means may include protection of the utility in place or relocation, as appropriate. Interim service plan to ensure continued service during project construction if disruption or relocation of lines is required. This progl-am shall be implemented during project construction. SIGNiFiCANT ENVIRONMENTAL F~-FI!CTS WI-IICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMEN'rl/D Construction Activities The Final EIR identified the following potentially significant effects of project cor, stguctio~l: 1) z) 4) 5) Fugitive dust and combustion emissions. Increased soil erosion. construction equipment noise. Temporary increase in truck activity. Traffic and pedestrian detours and delays/emergency vehicle response times. 04/I D94('I: ...SNA402 ,. FINDING$.RFr) 10 Findings Finding 1: Finding 2: Changes or alterations have been required in, or in- corporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the final EIR. Although the effects identified in the Final EIR have been reduced to the extent feasible, short-term signifi- cant adverse impacts will occur during project con- struction. A statement of Overriding Considerations is provided in Atzachment B for these eff~-cts. Facts in Support of Findings The potential impacts from project construction activities will be substantially lessened to the degree feasible through implementation of the following mitigation measures. 11-1 During clearing, grading, earth moving, excavation and construction: Fugitive dust will be controlled by regular watering, paving construction roads, and/or other dust preventive measures as defined in SCAQMD Rule 403; Equipment engines will be maintained in proper tune, and construction will be discontinued during second stage smog 11-2 After clearing, grading, earth moving or excavation: Seeding and watering will be performed until vegetation cover Soil binders will be Bare soil areas will be wet down sufficiently to form a crust on the surface, with repeated soaking as necessary to maintain the crust and prevent dust pickup by the wind; and Strt~ sweeping will be performed in those areas where exces- sive dust would be carried over to area residences and/or adjacent public thoroughfares. 11-3 Conn'ac'~rs will comply with all applicable City of Santa ,ina sound control and noise level requirements, regulations and ordinances, inclusive of ordinances limiting hours of construction. ~ 04/t 1D4(i: ,.SNA402 -.IqNDINGS.RFr) 11 il¸ 34Z'' ....... 11-4 11-5 11-6 11-7 11-8 11-9 Each internal combustion engine used for any purpose on the project or rented to the project will be equipped with a mui~ler of a type re- commended by the manufacturer. 'No internal combustion engine will be operated on the project without a muffler. City of Santa Aha noise level requirements will apply to all equipment on the project or related to the project including, but not limited to, trucks, transit mixers or transient equipment. The use of loud sound signals will be avoided in favor of warning lights, except tho~e re- quired by safety laws for the protection of personnel. Construction planning shall group noisy operations to avoid continu- ing periods of greater annoyance. Haul routes and construction staging areas for construction equip- ment and construction related vehicles will be located away from existing residential and other sensitive land uses, where feasible. Advance notice of temporary, traffic disruptions will be provided ap- proximately one week in advance to affected areas, emergency servic- es, businesses and the public. Tra~c management plans for handling for normal and emergency tra~c during construction shall be pre- pared during final design of the project with input and approval of the secvice provider (e.g., City of Santa Arm Police and Fire Depart- Advance notice of temporary closure of on-street sidewalks that may be disrupted during project construction shall be provided approxi- mately one week in advance of such closure. VII. ALTERNATIVES TO THE PROPOSED PROJECT CEQA Guidelines Section 15126 requires a discussion of reasonable alter- natives to the proposed project or to the location of the project. An EIR need not consider an alternative whose implementation is remote or speculative. Mtematives to the proposed project are addressed in Chapter 6.0 of the Final EI1L The No Project Alternative is also discussed within each topical subsec- tion of Chapter 3.0 of the Final EI1L The City has considered the project alternatives identified in the Final EIR in approving the project, and makes the following findings with respect to these alternatives. 04/t 1/94(1:'..SNA402'.. FI~DI~IGS.R~ 12 RESOLUTION 94-020 343 No Project Alternative Finding Finding 3: Specific economic, social, or other considerations make infea- sible the mitigation measures or project alternatives identified in the final EIIL Fact~ in Support of Finding Under the No Project Alternative, the alignment of McFadden Avenue would remain the same, the width of McFadden Avenue would remain the same, and the offset intersection along Main Street would remain. Implementation of the No Project Alternative would not incur the complete removal of 17 residences, two businesses, one church and one chapel, as well as partial impacts to the yards of four other residences. Noise levels adjacent to the residences along the proposed realignment would not increase beyond those levels projected for the future no project condition. The No Project Mtema- five would not generate short-term negative construction impacts such as noise, dust and traffic on the project area, View envelopes within the extst. ing neighborhoods adjacent to McFadden Avenue would not be altered, and area residents would not be exposed to intensified street lighting in the proposed realignment area. In Contrast, however, the No Project Alternative would not create the follow- ing benefits that the proposed project would generate: Improved traffic flow on Main Street and McFadden Avenue. Improved public safety in the vicinity. Reduction in congestion and consequent improvement in air quality. Enhancement of intersection operation (signalization). Mthough the No Project Alternative eliminates many of the proposed project's potential environmental impacts, this alternative fails to achieve the basic objectives of the project, and would result in adverse impacts of its own, such as continued or worsening traffic flow congestion and consequent worsening of air quality, The No Project Alternative is therefore rejected as infeasible. Alternatives Considered and Rejected Ftndin~z Finding 3: Specific economic, social, or other considerations make infea- sible the mitigation measures or project alternatives identified in the final EIIL 0~,/t XD,t(X: ,.SI,,IA.~O2'*. IqNDll~G$.RFI3 13 RESOLUTION 94-020 Facts in Support of Finding [ Realtg~ MaFadden Avenue Without Widening This alternative would realign McFadden Avenue east of Main Street. How- ever, the realigned roadway would be two lanes instead of four lanes, with a 40 foot paved area within a 60 foot right-of-way. This alternative was reject- ed for the following reasons: Without the additional through lanes on McFadden, the Main Street/McFadden Avenue intersection would operate at level of service F at peak hours (intersection failure). The two lane width is inconsistent with both the City of Santa Ant General Plan and the Orange County Master Plan of Arterial Highways (MPAH). Constructing a new roadway at a width inconsistent with the MPAH would jeopardize the City's receipt of CountTwide roadway improvement funds. Such funds include the Arterial Highway Financ- ing Program (AHFP), and funds derived from Measure M, the County's one-half cent sales tax measure. Realign and Widen McFadden Bisecting Latbrop Inte~-mediate School This alternative would realign and widen McFadden Avenue on an alil~nment that would bisect Lathrop Intermediate School. This alterative would meet the existing alignment on the west at Broadway and on the east at Main Street. This alternative was rejected because it would require removal of mo~t of the Lathrop Intermediate School playground, and no replacement playground area has been identified. The Lathrop playground is already undersized. widen McFadden Avenue Without Realignment This alternative would widen the east leg of McFadden Avenue to four lanes centered on its existing alignment, from Maple to Main Street and retain the offset intersection at Main Street. This alternative was rejected because: The two tightly spaced arterial intersections on Main Street would be maintained; The projected overcapacity condition of the left mm pockets at Main and McFadden would not be resolved. Indeed, the already substan- da.rd left mm pockets would be 24 feet shorter due to the in~ width of McFadden Avenue; and 04~ z t,940:.-.SNA402'.. HNDm Gs.zer) 14 RESOLUTION 94-020 345 The level of service at the Main/McFadden intersections would still be LOS F at peak hour (intersectiOti failure). Widen Main Street at McFadden This alternative would maintain McFadden in its pre~nt alignment, and widen Main Street approaching and between the McFadden intersections to provide side by side double left turn lanes on Main Street onto East and West McFadden Avenue. In addition, McFadden Avenue would be widened to four lanes for at least 1,000 feet east and west of Main Street to accommodate traffic from the Main Street double left turn lanes. McFadden would then transition back to two lanes. This alternative was rejected because it would require right-of-way acquisition and displacement of businesses along Main Street, as well as along East and West McFadden. In addition, this alternative would retain two tightly spaced arterial intersections from which trafi~ic would continue to experience opera- tional difficulties. £ -' 04/t u94tl: -.SNA402... IqNDIN{aS.PffT) 15 RESOLUTION 94-020 EXHIBIT B C_ALIFORNIA ENVIRONMENTAL QUALITY ACT STATEMENT OF OVERRIDING CONSIDERATIONS MCFADDEN AVENUE RF. ALIGNMENT AND wIDENING PROJECT INi'ItODUCTION The California Environmental Quality Act (CEQA) and the State CEQA Guide- lines, Section 15093) provide that: CEQA requires the decision-maker to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of a proposed project outweigh the unavoidable adverse envi- ronmental effects, the adverse environmental effects may be considered "acceptable." Where the decision of the pubBc agency allows the occurrence of significant effects which are identified in the final F-IR but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the final F_.LR and/or other information in the re- cord. This statement may be necessary if the agency also makes a finding under Section 15091(a)(2) or (a)(3). If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the Notice of Determi- natio~ The City Council, having reviewed and considered the information contained in the Final EIR for the McFadden Avenue Realignment and Widening project and the public record, hereby adopts the following Statement of Overriding Considerations identifying the project benefits that have been balanced against the unavoiclah[e adverse impacts in reaching a decision on this pro- ject. PROPOSED PROJECT The project is located in the City of Santa Aha, along McFadden Avenue, bet- ween Maple Street and Main Street. The proposed project has the following design characteristics: 04/t 3/94 (i: -.SNA402...OVI~d~IDE.RFr) RESOLUTION 94-020 East McFadden Avenue is realigned to intersect Main Street in approx- imately the same location as the existing West McFadden Avenue/Main Street intersection, eliminating the existing 370 foot offset intersec- tion along Main Street. Realigned McFadden Avenue provides four lanes of travel from Main Street to Maple Street within a paved width of 64 feet. Right-of-way would expand from 60 to 80 feet. The project includes removal of the existing signal at East McFadden and Main Street and limit~ access at this intersection to right turns in and out with construction of a raised median on Main Street to pro- vide for a left mm pocket at Main/West McFadden. SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS Although all direct long-term project impacl~ have been substantially avoided or mitigated, as described in the preceding Findings of Fact, there is no complete mitigation for short-term (temporary) construction impacts. Details of these impacts are discussed in the Final EIR, Section 3.11, and in the Findings of Fact. OVFALRIDING CONSIDERATIONS The McFadden Avenue Realignment and Widening project is anticipated to provide the following benefits to the project vicinity: 2. 3. 4. Improve traffic flow on Main Street and McFadden Avenue. Improve public safety in the vicinity. Reduce congestion and consequently improve air quality. Enhance intersection operation (signalization). The benefits of the project objectives, discussed below, are considered to outweigh the short-term significant unavoidable adverse impacts of project construction. Incremental Implementation of City's General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways The realignment and widening of McFadden Avenue at Main Street is a com- ponent of the City of Santa Ana's General Plan, The General Plan shows McFadden Avenue realigned to eliminate the existing offset at Main Street. The project, therefore, is an incremental step towards implementation of the City's adopted General Plan. 04/13/940: ,~SNA402-..OVERRIDE.RI~ 2 ._343 RESOLUTION 94-020 Implementation of Mitigation Measure For the South Main Redevelop- ment Plan The realignment and widening of McFadden Avenue is a recommended mitigation measure for the South Main Redevelopment Plan, as approved by the Santa Aha City Council in 1982. The project is, therefore, an incremental step towards implementation of the South Main Redevelopment Plan. Improve Traffic Flow on Main Street The realignment and widening of McFadden Avenue between Maple Street and Main Street will improve traffic flow along Main Street. The project will combine two arterials/arterial intersections into one intersection. This combining of intersections will result in an average savings of approximately 30 seconds for each motorist traversing Main Street through the McFadden intersections. Left turning traffic on Main Street between West and East McFadden is fo~-~ast to exceed the capacity of the left mm pockets. This exceeclance could cause frequent blockage of the through lanes on Main Street by the year 1998. Construc- tion of the project will create additional turning capacity and will prevent anticipated breakdown of efficient intersection operations. The Main Street/East McFadden Avenue intersection is antici- pated to operate at unacceptable levels of service after 2005. With implementation of the proposed project, the Main/ McFadden intersection is projected to operate at an acceptable level of service. In order to provide the existing side-by-side left mm pockets on Main Street required by the offset intersection, the City has striped the existing through and turning lanes on Main Street at less than recommended widths. For example, the existing left mm lanes are nine feet wide (the recommended width is a minimum of ten feet). The existing through lanes are ten feet wide (the recommended width is 12 feet). Narrow lanes reduce the capacity of the street and, therefore, contribute to congestion. Narrow lanes also increase the potential for traffic accidents. The existing and proposed typical sections on Main Street are shown on Figure 2.5. The project will allow for wider turning and through lanes: a 10 foot northbound left mm lane, two 11 and two 13 foot through lanes. _ 04/13/940: s SNA4OZ', OVERRIDE.P. FD 3 RESOLUTION 94-020 349 e) The project will improve signal progression on Main Street through the elimination of one arterial signal. Improve Traffic Flow on McFadden Avenue The realignment and widening of McFadden Avenue between Maple and Main Street will improve traffic flow on McFadden Avenue. The project will eliminate the off,,et intex~ections at Main Street, thereby replacing the right mm/left mm movement along McFadden at Main with a through movement. Thus, the project is anticipated to reduce travel times for an average motorist along McFadden by approximately 60 seconds at peak hour. b) Thc project will improve intersection efficiency and levels of service at the Main/McFadden intersection (as noted above). Improve Bicycle and Pedestrian Safety at Schools in the Vicinity It has been demonstrated that cars turning left and right present more of an accident threat to bicyclist~ and pedestrians than through traffic. Changing the "right/left" through movement on McFadden to a straight movement will lessen conflicts with students accessing Lathrop Intermediate School and Franklin Elementary School. Reduce Through Traffic on Cypre~ Avenue The cul-de-sacing of Cypress Avenue at realigned McFadden Avenue will re- duce the through traffic on Cypress. Reduction of through traffic on residen- tial streets is consistent with City policy. CONCLUSION Specific economic, social or other considerations make the alternatives to the propo~."d project infeasible, as identified and analyzed in the project Final For the identified significant impac~ that cannot be mitigated to a level below significance, the City of Santa Aha finds that all of the mitigation rneasur~ specified in the Final EIR are feasible and have been required on the project by the Conditions of Approval. The City of Santa/ma finds that the project benefits outweigh the significant unavoidable adverse impacts from short-term project construction activities. 04/13/94(I: ...SNA402 ..OVEI~D E.RFr) 4 RESOLUTION 94-020 EXHIBIT C MITIGATION MONITORING AND REPORTING PROGRAM FOR THE MCFADDEN AVENUE lZF~ALIGNMENT RESOLUTION 94-020 351 TABLE OF CONTENTS SECTION 1.0 2.0 5.0 4.0 PAGE INTRODUCTION ........................................................ 1 RESPONSIBILITIES ...................................................... 1 GENERAL PROCEDURES .................................................. 1 MITIGATION MONITORING PROGRAM ACTIVITIES ............................. 5 ATTACHMENT A - SAMPLE COMPLIANCE VERIFICATION FORM ii RESOLUTION 94-020 1.0 INTRODUCTION This Mitigation Monitoring and Reporting Program (MMRP) for the McFadden Avenue Realignment and Widening Project has been prepared in accordance with the adopted environmental rules for the City of Santa Aha and in compliance with California Public Resources Code Section 21081.6. Section 21081.6 states that a "public agencT shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation." The City of Santa Aha is the Lead Agency for the implementation of the McFadden Avenue Realignment and Widening Project and, therefore, is responsible for implementing the MMRP. ,~ the Lead Agency, the City of Santa Ana has prepared an Environmental Impact Report (EIR) for the McFadden Avenue Realignment and Widening Project. The EIR addressed the potential environmental impacts associated with implementation of the project and recommended mitigation measures as required to reduce impacts. Since mitigation measures have been recommended, the City must prepare a program to monitor and report the implementation of the mitigation measures. The MMRP described in the following sections states the responsibilities and duties of the various parties in carrying out this monitoring program. A list of the various mitigation measures that were recommended in the Final EIR for the McFadden Avenue Realignment and Widening Project is provided stating when each measure must be implemented and the person/agency responsible for verifying that the measure has been implemented. 2.0 RF, SPONSIBILITIES The MMRP for the McFadden Avenue Realignment and Widening Project will be in affect throughout the life of the project. The MMRP will be applicable to all phases of the project. The monitoring and enforcement of the MMRP will be the responsibility of the City of Santa Aha Planning Division Environmental Coordinator, Maya DeRosa. In addition, the City of Santa ?ma Public Works Agency Project Manager, Dave Biondolillo, will assist and share in the responsibility, of implementing and enforcing the MMRP in association with the Environmental Coordinator. There will be other City of Santa Aha employees responsible for assisting the Environmental Coordinator in monitoring the incorporation and implementation of the mitigation measures. City employee staff members, with the various City depmtments, will assist and advise the Environmental Coordinator rel/arding those mitigation measures within their area of expert/se. The various City departments, in conjunction with the Environmental Coordinator, will be responsible for monitoring the mitigation measures. 3.0 GENERAL PROCEDURES The Environmental Coordinator will monitor, inspect, verify and supervise the incorporation of all mitigation measures listed in this reporting and monitoring program. The Environmental Coordinator will also be responsible for the overall management of the MMRP. RESOLUTION 94-020 Verification forms will be completed and submitted to the Environmental Coordinator in those situations where City staff, other than the Environmental Coordinator, has the appropriate expertise to verify and acknowledge that a specific mitigation measure has been implemented. The completed verification fornm shall be kept with this MMRP throughout the life of the project. A sample copy of the Verification Form is included in Appendix A. If the Environmental Coordinator determines that a mitigation measure has not been properly implemented, the Environmental Coordinator shall assure the mitigation measure shall be implemented before additional project approvals or permits can be issues. [ 2 354 sonu zo 4.0 MITIGATION MONITORING PROGRAM ACTIN~TIES The following table lists the mitigation measures recommended in the Final EIR, identifies the time the mitigation measures must be implemented, and identifies the agency or City department responsible for monitoring the mitigation measure. The following abbreviations are used in Table 1: Community Development Agency Environmental Coordinator Public Works Agency Planning Division Building Division Police Depat h.ent Fire Department Recreation and Community Services Agency Santa Aha Unified School District CDA EC PWA ?D BD SAPD SAFD RCSA SAUSD Table 1 Mitigation Monitoring Program Activities Miti~ation Me. ute Timing of hnplementation Responsible Agency/ Organization D'a. lff~ and 2-1 The City ha~ conferred w/th and reached agreement w/th the Santa Aha Unilied School DisU/ct that the following mitigation measures will be 1. The City will install a signalized pedestrian crowing of Main Street at Ru~ell A~mnue, because this location has $ucce~fully met the xv-artant criteria for a signalized interaection. 2. The City will install a pedestrian barrier in the proposed median on M~in Street b~tween the new Main/McFadden intersection and Ru,~eil Avenue. 3. The City will: 1) create a new access gate at the ~outhw~$t comer of Main Str~xt and West McFadden; 2).leave in place the existing pedestrian opening on the vteat side of Main Street directly acro~ from East McFadden Street; and 3) improve the existing pedestrian aece~ ~ate at the northwest comer of Main/Russell Street. Nois~ 4-1 Noiae attenuation will be provided as part of the project for the existing residenc~ represeaated by t~eptor~ NR1, NR2, and the residence west of NR1. Adequate attenuation will result from either a six foot high noise wall, or a fi}ur foot high earthen berm. Noise barriers Will reduce noise levzO to meet or exceed City scandard~. Design approval as part of Final PS&EAnsmllation during construction of Design approval as part of Final PS&E,/IrL..mll~don during construction of improvements EC F~VA SAUSD EC PWA 3 355 Table 1 Mitigation MonitOring Program .Activities Mitigation Measure ~i~d U~o~ a~d Bu~inea~ Relocation Tlmin$ of Implementation 5-! Prior to beginning conscmctlon, the City shall comply with the California Uniform Relocation Ass/stance and Real Property Acquisition Polities Act (Go~ernment Code Section 7260 et. seq.). This Act requires that public enrltie~ in California provide juat compensation (fa/r market value) and relocation advisory ass/stance t~a any per, on or business displaced because of the acquisition of real property for public uae~. Relocat/on advi~a~/aerrice~ and reiocat/on payments shall be prov/ded to eligible redp/enm, consistent w/th th/s Act. A relocation advisor shall contact each business and resident required to celocate to prov/de additional information, sub~-quent to a dec/s/on on the proiect. Relocat/on r~outxTga shall be made av'a/Labie by the City co all residential and buslne~ relocatee$ without discrimination during the fight.of, way acquiaition procea$. 5-2 Sub~quent to project approvat, the Planning Department, Public Works Agency and Redevelopment Agency shall coordinate development of final st~t improvement plans, to ensure that project impleraentation and the ultimate use of remnant parce~ are consistent with appropriate City polld~, t~,ulations and redevelopment plan strategiea. Pr/or to Sui~xtuent to project approval and prior to con$~ructiori 7-1 A pt~iimin~T ske investigation (PSI) will be conducted for any sites whex~ hazludous waste/materials are encountered during construction. A Phase II site assessment, including testing, will determine the extent and type of contaminants in~at~xt, and the remediafion procedures, if quired. Any neces~ry remediation action to properly dispose of toxic wa.~e mamria~ wilJt be in compliance with County, State and Federal Poilcies and Procedures. As needed during construction. [Note to be shown in specifications) 7-2 If unkno,~l wasted~naterials or an underground tank that the contractor believes may invotv~ h,~'ardous wasteJmateriai~ are discovered during construction, the contractor shall: 1. Immediately stop work in the viciniw of the suspected contaminant, rerao~ worker~ and ~he public from the area; A~ needed during construction. [Note to be shown in spedfications) 2. Notify the Project Engineer; 3. Secure the area, as directed by the Project Engineer; and The proponent sh~ll follow procedures for site assessment, initiate coot. dination with County, State, and regulatory agencies as required, and take remedial action as appropriate. Responaible Agency/ Organization EC PD CDA EC PWA PD EC PWA SAFD EC PWA SAFD r--356 RESOLUTION 94-020 Table 1 Mitigation Monitoring Program Activities 7-3 Mitigation Mea~uro Any identified h~'~rdons wasteYmaterials shah be handled and disposed of in the manner specified by the State of California Hazardous Subatan- ce~ Control I.~w (Health and Sa~eW Code Division 20, Chapter 6.5) stan- dards established by the California Department of Health Services, Office of SUztewide Health Planning and Development, and according to the quit'emerita of the California Administrative Code, Title 30, Chapter 22 and appropriate federal law. Implementation As needed during construction. [Note to be shown in specifications) 8-1 Prior to final approvai of the street improvement (PS&E) plans, City staff will work with neighborhood associations to gain approval of an acceptable landscape treatment for the cut-de-sacs propo~d at Cypre~ Avenue and East McFadden at Orange Avenue. Addirlonally, the City will commit to planting street trees in the right.of, way on the realigned segntent of MeFedden Avenue. L/gbt and Prior to approval of Final PS&E 9-1 Prior to approral of final improvement plans, a street lighting plan shall be p~piu~d for approval by thc ~tecutive Director of the Public Works A~eney. The plan shall identify the su~t Ughting needs of the proposed project alignment, the location, height and frequency of light standards, the type of lighting needed and the total illumination calculations. The plan shall specifically address each of the potentially impacted [rarceLs discussed above with respect to anticipated impact and required mitigation. biillgallon may include special light shielding or screening, and shall be ptx:n, ided where the lighting plan shows that the new light sources could potentially encxoach into existing residential uses (i.e., side or rear yards) or where the new source exceeds the illumination intensity of an existing source and thus has an adver~ effect on an existing residence. Light design nmy include special shleids atxached to the light source, thus pt~rcnting excess lighting from casting onto adjacent residences. Sci'~'ning male include, but not be I|m!ted to, laOdSCape materials (trees/bnshes, or walls/fences) consistent with the recommendations con- mined in Section 3.8, Aesthetics, [of the FEIR]. Prior to approval of Final PS&ti 10-1 Prior to the approv~ of the final Plan.s, Specifications and Estimates (PS&E), a Utility protection and Relocation Plan shall be prepared detailing the foUowlng: Prior to approval of Final PS&E 1. Any project impacts to existing utilities. 2. Appix~riate mem~ to mitigate any identified impacts. Such means m~y include protection of the utility in place or relocation, as appropriate. 3. Interim service plan to ensure contmue~ ~ during project eonsu'uction if disruption or relocation o~ ~ are required. Responsible .~gency/ EC PWA SAFD PWA PD pWA EC SAPD PWA 5 RESOLUTION 94-020 - 357 [, [ Table 1 Mitigation Monitortq. g Program Activities Mitigation Measure This program shall be implemented during proiect construction. 11-1 During clearing, gradin~ earth moving, excavation and construction: Fugltiv~ du~t will be controlled by regular watering, paving construction remS, and~r other dust preventive measures as defined in SCAQMD Rule 405; Equipment enginea wiU be maintained in proper rune, and construction will be di.~x)ntinued during second stage smog alerts. 11-I After clearing, grading, earth moving or excavation: Seeding and watering WiU be performed untit vegetation cover is grown; Soil binder~ will be spread; 11-3 Bare soil are~ ~will be wet down suffleiendy to form a crust on the sur- ~,'e. with repeated soaking as ne~'~*=~y to maintain the crust and pre- · ~nt dust pickup by the wind; and Street $~-epthg W/Il be performed in th0~"~,e m where excessive d~st would be (tarried over to area residences and/or adjacent public d~oroughm~. Contrac~rs will comply with all appUcable City of Santo Ama sound control and noise level requiremem~, regulations and ordinances, indnsh~ of ordinance~ limiting houm of construction, ~h internal.combustion engine used for any purpose on the project or ~ to the project will be equipped with a muffler of a type recom- mended by the manufacturer. No internal combustion engine wiU be operated on the project without a muffler. 11-5 City of Santo Aha noise level requirement~ wiLl. apply to ali equipment (an ~he project or related to the project including, but not limited to, ~ tran~t mixe~ or transient equipment. The use of loud sound signals wiU be avoided in favor of v~ruing lights, except tho~e requ/red by ~few ~ for the protection of personnel. 11-6 Construction planning shall group no'~3r operations to avoid continuing ~ of g~ater annoyance. Responsible Timing of Agency/ Specifications: pdor PWA- to approval of Final construction PS&E; field site inspection: weekly inspectors during pre- construction and Specifications: prior to approval of Final PS&E; field inspection: weekly during pre- construction and construction activities Specifications: prior to approval of Final PS&E; field inspcctfon: bi-weekly during pre- construction and construction activities Specifications: pdor to approval of Final PS&E; field inspection: bi-weekly during pre- construction and Prior to approval of Final PS&E Prior to approval of Final PS&E PWA PWA construction site inspectors site inspectors 6 358 11-? 11-8 11-9 Table 1 Mitigation Monitoring Program Activities Mitigation M~ure H~u[ rou~s ~nd consumclion sta~ing ar~s for construction equipment and construction related vehicles wfl[ be located away from existing residential and other sensiti~e land us~, where feasible. Xmplement~tion Aher av,~d of construction, but prior to commencement of construction Responsible Agency/ Organ~zntion FWA Advance notice of tempocary traffic disruptions wiU be provided ap- pro~m~ely one w~ek in advance to affected areas, emergency services, businesses and the public. Traffic management plans for handling normal and emergency traffic during construction shall be prepared during final design of the project with input and appro~d of the service provider (e.g., Cit~ of Santa Aha police and Fire Departments), Advance notice of temporary closure of on-street sidewalks that may be disrupted during project construction shall be provided approximately one week in advance of such closure. Notice of temporat~ trnffic disruptions: one week in advance, Traffic management plans: prior to Final Approximately one week in advance of temporary closure FWA PWA 7 RESOLUTION 94-020 359 ATI~ACHMENT A COMPLIANCE VERIFICATION FORM -o2o McFADDEN AVENUE REALIGNMENT AND wtDENING MITIGATION MONITORING AND REPORTING PROGRAM SAMPLE COMPLIANCE VERIFICATION FORM Mit/gafion Measure: # (Earth, Water, Traffic, etc.) Location: On$ite: Offait¢: Administrative Project PImae: D~ign: Operation Description of Activity/Method of Implementation: Disposition: Comment~Revi$ion$: Mitigation measure for the above noted project phase implemented. No forther action is Mitigation measure fol' the above noted project phase is not folly implemented. Further action required. (Pl~as~ ~:~pl~in below) The mit/gat/on measure foe the above noted project pha.~ is not in compfiance. Further action required. (Please explain below) Name: Date: Name: Title: