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HomeMy WebLinkAbout55C - ALTON AVE OVERCROSSING @ SR 55 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 17, 2005 TITLE: CERTIFY ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL ASSESSMENT NO. 95-03 FOR THE ALTON AVENUE OVER OSS~T SR;55 U~ CITY MA APPROVED D As Recommended D As Amended D Ordinance on 1 st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For \.~ RECOMMENDED ACTION CONTINUED TO FILE NUMBER 1. Adopt a resolution certifying Final Environmental Impact Report/Environmental Assessment (EIR/EA) No. 95-03 and approve the mitigation monitoring program and statement of overriding considerations for the Alton Avenue Overcrossing Project at SR-55. 2. Approve Alternative 2 as the build alternative for the project. PLANNING COMMISSION ACTION A public hearing was held on March 8, 2004 to receive public comments for the Draft Environmental Impact Report/Environmental Assessment (EIR/EA) No. 95-03. DISCUSSION The cities of Santa Ana and Irvine, in cooperation with Caltrans, propose to construct the Alton Avenue Overcrossing at SR-55. The lead agencies for this environmental analysis are the City of Santa Ana for the California Environmental Quality Act (CEQA), and the Federal Highway Administration (FHWA) for the National Environmental Policy Act (NEPA). The project area is located along Alton Avenue between Main Street in Santa Ana and Red Hill Avenue in Irvine, approximately two miles in length. In addition, the project includes a segment of SR-55 from MacArthur Boulevard to just south of Warner Avenue in Santa Ana (Exhibit 1) . The City of Santa Ana has developed two alternatives for this project. Alternative 1 is a no build and Alternative 2 is the preferred build alternative. The preferred build alternative assumes that a new overcrossing would be constructed at Alton Avenue connecting the cities of Santa Ana and Irvine. One of the unique design features of the project will be the construction of high-occupancy-vehicle (HOV) direct- 55C-1 Certify Environmental Impact Report No. 95-03 October 17, 2005 Page 2 access drop ramps, which will allow motorists to enter and exit the freeway from the bridge. The project also consists of an addition of a signalized intersection with HOV drop ramps, and widening Alton Avenue on the north side between Maple Street and Halladay Street in Santa Ana. The widening of Alton would upgrade this portion of the roadway to secondary arterial standards consistent with the remainder of Al ton Avenue between Main Street and SR-55. Construction of the HOV direct-access drop ramps will necessitate widening SR-55 to accommodate the median ramps. The following elements are integral to the widening of SR-55: Relocating an existing drainage channel; relocating two sections of Pullman Avenue; widening the Dyer Road undercrossing structure; and, modifying existing ramps at MacArthur Boulevard and Dyer Road to connect with the widened freeway. Overcrossing improvements are within the existing Caltrans right-of-way and the Cities of Santa Ana and Irvine. Property acquisitions will be needed to widen Alton Avenue in Santa Ana to accommodate two travel lanes in each direction, a dedicated left turn lane, and sidewalks. The estimated project cost in millions (2004 dollars) for Alternative 2 is shown in the table below: Phase 1 Phase 2 Total Construction $17.5 $41. 1 $58.6 Right-of-Way $17.6 $ 3.6 $21. 2 Design $3.4 $0.0 $3.4 Total $38.5 $44.7 $83.2 As indicated in the table, the cities may construct the improvements in phases based on demand and funding availability. The project will be constructed using federal, state and local grant funding. The initial phase will include construction of the overcrossing and local street improvements to address current deficiencies. The freeway widening and the HOV direct access drop ramps could be added as a second phase. Staff recommends that the City Council approve Alternative 2 as the preferred build alternative for the following reasons: . This alternative consists of constructing a new roadway link across SR-55 to support the circulation network needed to accommodate future development in the Irvine Business Complex (IBC) in Irvine, MacArthur place and MacArthur Place South/Hutton Center in Santa Ana. 55C-2 Certify Environmental Impact Report No. 95-03 October 17, 2005 Page 3 . The resulting cross section would be consistent with both cities General Plan Circulation Elements and the Orange County Master Plan of Arterial Highways. . Alternative 2 will relieve existing traffic congestion on MacArthur Boulevard and Dyer Road. . This al ternati ve would also provide HOV direct access to and from SR-55 from the Alton Avenue Overcrossing. These HOV ramps will be integrated into the Orange County Transportation Authority's Transitway project which will provide freeway-to-freeway HOV connections within the I-405/SR-55 interchange. ENVIRONMENTAL IMPACT The FEIR represents an informational document that is intended to inform public decision makers, other responsible and trustee agencies, and the general public of the potential effects of the proposed project. The City of Santa Ana distributed a Notice of Preparation (NOP) of an EIR and an Initial Study (IS) for the Draft Environmental Impact Report/Environmental Assessment (DEIR/EA) No. 95-03 on June 30, 1997. The NOP/IS was distributed to the State Clearinghouse Office of Planning and Research, public agencies, utility and service providers, homeowners' associations in the project area, nearby property owners, and other individuals that may have an interest in the project. The initial study identified those potential impacts that could be significant and issues that would require additional analysis. The environmental issues analyzed in the DEIR/EA include: l. 2 . 3 . 4. 5. 6. Air Quality Biological Resources Cultural Resources Geologic Resources Hydrology/Water Quality Hazards/Risk of Upset 7. Land Use 9. Noise 10. Population and Housing 11. Public Services and Utilities 11. Traffic and Circulation 12. Visual Resources The City of Santa Ana held a public scoping meeting for the Alton Avenue Overcrossing Project to identify concerns or issues from the community, with the release of the Notice of Preparation for the Draft EIR/EA. Comments consisted of concerns about removal of on-street parking, traffic flow around the project, and the potential displacement of businesses. The DEIR/EA was released on February 2, 2004 for a 45-day public review period from February 2, 2004 to March 17, 2004. A community meeting was 55C-3 Certify Environmental Impact Report No. 95-03 October 17, 2005 Page 4 held in the City of Irvine on February 25, 2004, and a public hearing was held in the City of Santa Ana on March 8, 2004. During the public review period, the City received comments from one state agency, one regional agency, one utility, and five businesses. The majority of the comments related to establishing future parking sites within the project area using remnant parcels, concerns regarding project impacts on traffic circulation at or near their businesses, and construction related issues such as dust, noise and access to businesses. Additionally, the DEIR/EA identified potentially contaminated properties within the project area. Therefore the FHWA requested that a Phase II Environmental Site Assessment (ESA) for hazardous waste be conducted as part of the environmental review process. The Phase II analysis consisted of taking soil samples from each of the identified partial and full acquisition properties. The Phase II analysis delayed the completion of the environmental phase of the proj ect for approximately one year. Written responses to those comments were provided in the Responses to Comments (RTC) Report. The RTC Report documents all written and oral comments received during the public review period and contains the City's response to those comments (Exhibit 2). Additionally, comments received from the public and from the public agencies did not require any new analysis, or result in major changes in the FEIR/EA. Further, the FEIR/EA identified ten environmental categories that may result in significant or potentially significant environmental impacts. All of these significant impacts can be avoided through the adoption of feasible mitigation measures. The attached findings and facts (Exhibit 3) summarizes the evidence relied upon by the City in making these findings. This evidence is drawn from the Notice of Preparation, the FEIR/EA, the comments and responses to comments on the DEIR/EA, and other evidence presented to the City, including all other information in the administrative record. Additionally, a Mitigation Monitoring and Reporting Program has been prepared for this project and is found in Appendix L of the FEIR/EA. After the FEIR/EA is certified, staff will proceed with the final design of the proj ect. The design phase is being funded by the Orange County Transportation Authority's (aCTA) Regional Interchange Program with a 50 percent local match from the cities of Santa Ana and Irvine. During the design phase, staff will aggressively seek all available federal, state and local funding for the right-of-way acquisition and construction of the project. In addition, staff is working to have the project listed for inclusion of the Measure M reauthorization. This project is also included in the aCTA Draft Long Range Transportation Plan Candidate List. 55C-4 Certify Environmental Impact Report No. 95-03 October 17, 2005 Page 5 FISCAL IMPACT There is no fiscal impact associated with this action. ~12;' ,', 1/ L'~j 4.~<t]~oJ},eL{ :r1James G. Ross ! Executive Director Public Works Agency ~Vino Executive Director Planning and Building Agency 55C-5 Project Location WARNER AVE. DYER RD. t; 1M(I~~~lRlii1XlI)J)~ 5 W>lbL!\~~ "" !!! i FORMER u.s. MARINE CORPS A1RSTATlON, TUSTIN MACARTHUR BLVD. SANTA ANA SUNFLOWER AVE. 1II ~ ::D (() :-I COSTA MESA 1-405 Project AIN ~. Not to Scale Alton Avenue Overcrossing Project O~~ . ~@l1JJ'U'lHl LEGEND NEWPORT BEAC , - - - City BOIJII&rlH EXHIBIT 1 SANTA ANA City Council Agenda Date Title: ENVIRONMENTAL IMPACT REPORT/ ENVIRONMENTAL ASSESSMENT NO.95-03 FOR THE ALTON AVENUE OVERCROSSING PROJECT. ~ ~ I PW A I OCTOBER 17, 2005 PI.lb4icWoO\S~C'J 55C-6 RESOLUTION NO. 2005-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING AND APPROVING THE ENVIRONMENTAL IMPACT REPORT, APPROVING A MITIGATION MONITORING PROGRAM, AND ADOPTING CERTAIN FACTS, FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE ALTON AVENUE OVERCROSSING AT THE SR-55 FREEWAY PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City has prepared a Draft and Final Environmental Impact Report, in conjunction with the United States Department of Transportation, Federal Highway Administration, and in cooperation with CalTrans and the City of Irvine, for the proposed Alton Avenue Overcrossing of the SR-55 Freeway Project. B. The Project can be described as follows: The Cities of Santa Ana and Irvine propose to build an overcrossing structure over the Costa Mesa State Route 55 (SR-55) Freeway between the eastern terminus of Alton Avenue in the City of Santa Ana and the western terminus of Alton Parkway in Irvine, Orange County. The proposed project includes SR-55 from 0.1 kilometer (0.06 mile) north of MacArthur Boulevard to 0.1 kilometer (0.06 mile) south of Warner Avenue and Alton Avenue from Main Street (City of Santa Ana) to 0.1 kilometer east of Red Hill Avenue (City of Irvine). The City of Santa Ana is the project proponent and the Lead Agency with the primary responsibility for preparing and certifying the California Environmental Quality Act (CEQA) compliance documents. The lead agency for the environmental analysis for the proposed project under the National Environmental Policy Act (NEPA) is the Federal Highway Administration (FHW A). The California Department of Transportation (Caltrans) acts as a liaison on behalf of FHWA. C. The City Council of the City of Santa Ana held a duly noticed meeting regarding this Project on this date, and at that time considered all testimony, written and oral. D. Due to the size of the Project and the impacts to the environment, a Draft Environmental Impact Report (EIR) was prepared for this project. In addition to soliciting comments from concerned citizens, impacted neighborhoods, state resource and trustee agencies, a community meeting was held in the City of Irvine on February 25, 2004, and a public 55C-7 hearing was held in the City of Santa Ana on March 8, 2004. Following close of the public comment period on March 17, 2004, a document was prepared formally responding to all comments received, making minor clarifications to the Draft EIR and proposing a written mitigation monitoring plan. The Draft EIR and this supplemental document together comprise the Final EIR for this Project. E. All attached documents, including the mitigation monitoring plan, the findings and approvals, the Request for Council Action, and the record of proceedings are incorporated herein by this reference as though fully set forth. This resolution incorporates by reference, as though fully set forth herein, the ordinance and resolutions referenced above and said Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this resolution and the findings made herein. Section 2. The City Council has reviewed and considered the information contained in the Final EIR prepared with respect to this Project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the Final EIR meets all requirement of CEQA, including but limited to: finding that the Final EIR adequately addresses the impacts of the project; that it identifies and through the mitigation monitoring plan imposes all feasible mitigation measures which will reduce all of the significant environmental impacts of the Project to a level of insignificance, except those unavoidable impacts described more specifically in the statement of overriding considerations; discusses a reasonable range of alternatives to the Project; identifies the environmentally superior alternative; and based upon all of which and the record as a whole the Council chooses to approve the Project. The City Council hereby certifies and approves the Final EIR, and (a) the mitigation monitoring plan, and (b) the facts, findings and Statement of Overriding Considerations attached to this Resolution as Exhibits "A" and "B" respectively and incorporated herein by this reference, and directs that a Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. The City Council approves EI R Alternative 2 as the preferred build alternative for the following reasons: 1. This alternative consists of constructing a new roadway link across SR-55 to support the circulation network needed to accommodate future development in the Irvine Business Complex (IBC) in Irvine, MacArthur Place and MacArthur Place South/Hutton Center in Santa Ana. 55C-8 2. The resulting cross section would be consistent with both cities General Plan Circulation Elements and the Orange County Master Plan of Arterial Highways. 3. Alternative 2 will relieve traffic on MacArthur Boulevard and Dyer Road. 4. This alternative would also provide HOV direct access to and from SR-55 from the Alton Avenue Overcrossing. These HOV ramps will be integrated into the Orange County Transportation Authority's Transitway project which will provide freeway-to-freeway HOV connections within the 1-405/SR-55 interchange. Section 4. Pursuant to Title XIV, California Code of Regulations ("CCR") 9 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code 9 711.2 and Title XIV, CCR 9 735.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. ADOPTED this _ day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 55C-9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution 2005-099 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 55C-1 0 State Clearinghouse No. 1997071010 ALTON AVENUE OVERCROSSING AT SR-55 Draft Mitigation Monitoring and Reporting Program 12-0RA-55 KP 11.21/13.44 PM R6.97/R8.35 EA 12209-005500 Prepared for: City of Santa Ana City of Irvine Prepared by: E<<MJg~1 A April July 2005 Parsons Brinckerhoff Quade & Douglas 55C-12 Mitigation Monitoring and Reporting Program 1.0 INTRODUCTION Assembly Bill (AB) 3180 [California Public Resources Code (PRC), Section 21081.6] became law in California on January 1, 1989. This bill requires all public agencies to adopt mitigation or reporting plans when they approve projects with Mitigated Negative Declarations or Environmental Impact Reports which identify significant environmental impacts. The Mitigation Monitoring and Reporting Program (MMRP) must be adopted when a public agency makes its findings pursuant to the California Environmental Quality Act (CEQA) so that the program can be made a condition of project approval. The program must be designed to ensure project compliance with mitigation measures during project implementation. If certain project impacts extend beyond the project implementation phase, long-term mitigation monitoring must be provided in the monitoring plan. The National Environmental Policy Act (NEP A) does not specifically require substantive mitigation for project impacts; direct, indirect, or cumulative [Robertson v. Methow Valley Citizens Council, 490 U.S. 332, 350 (1989)]. However, the CEQ regulations require that the Environmental Assessment include consideration and discussion of possible mitigation for project impacts (40 CFR SS 1502.14((f), 1502.16(e-h), 1505.2(c), 1508.25(b)(3)). 40 CFR Section 1502.14(f) requires that agencies shall include appropriate mitigation measures not already included in the proposed action or alternatives. 1.1 PURPOSE This Mitigation Monitoring and Reporting Program (MMRP) has been developed to track compliance with mitigation measures and conditions of approval outlined in the Final Environmental Impact ReportJEnvironmental Assessment (FEIR/EA) prepared for the Alton Avenue Overcrossing at State Route 55 (SR-55) Project. This MMRP has been prepared in conformance with PRC, Section 21081.6 and CEQA Guidelines Section 15097. 1.2 MITIGATION MATRIX In order to effectively track and document the status of each mitigation measure, a MMRP matrix (Table 1) has been prepared and includes the following components: . FEIR/EA Section, Page Number . Description of Potential Environmental Impact . Mitigation Measure . Timing Implementation . Performance Objective · PersonlParty Responsible (usually Resident Engineer or City representative) · Compliance Verification (signature and date) . Comments The timing for implementing each mitigation measure has been apportioned into several specific timing increments; Alton Avenue Overcrossing at SR-55 Mitigation Monitoring Plan. L-1 February July 2005 55C-13 Mitigation Monitoring and Reporting Program . During Final Design; . Prior to Construction; . During Construction; and . Post Construction. Table 1 refers to the Preferred Alternative only. Alternative 1 (No Build Alternative) is not included in Table 1 because no mitigation is proposed for this alternative. The project impacts and the measures to mitigate or minimize the impacts are further discussed in Section 4.0 of the FEIR/EA. 2.0 MITIGATION MONITORING PROCEDURES 2.1 MANAGEMENT The City of Santa Ana, as Lead Agency for the Alton Avenue Overcrossing project, is also responsible for approving the MMRP, verifying that all mitigation measures are completed, accepting written documentation that meets the performance objective for each mitigation measure, and keeping all records for public inspection. The City of Santa Ana Planning Division will be responsible for overseeing implementation and administration of the MMRP for the Alton Avenue Overcrossing at SR-55 project. The City of Santa Ana, in cooperation with the City of Irvine, is responsible for review of all monitoring reports, enforcement actions, and documentation. The City will rely on information provided by the responsible parties as accurate and up-to-date and to ensure mitigation measure status. 2.2 MONITORING PROCEDURES 1. The City of Santa Ana Planning Division, will be responsible for reviewing the project plans, grading plans and activities, construction sites and/or long term operations to ensure mitigation measures are properly and thoroughly implemented during the design, construction and operation of the Alton Avenue Overcrossing project. 2. Written documentation that the mitigation measures in Table 1 are implemented shall be maintained by the City of Santa Ana Planning Division. Documentation of these activities must clearly indicate the schedule for implementation, whether the measure has been implemented, or in the case of on- going measures, that a process has been developed to ensure continued implementation of the measure. 2.3 REPORTING PROCEDURES 1. The City of Santa Ana Planning Division will be responsible for reviewing and coordinating the MMRP (Table 1) with the key personnel implementing the project, including the City project manager, construction and demolition contractors, and all other key staff and contractors associated with the project. 2. The City of Santa Ana Planning Division will update the MMRP (Table 1). The City will document the completion of all mitigation measures for the project phases consistent with the timing shown in Alton Avenue Overcrossing at SR-55 Mitigation Monitoring Plan. L-2 February July 2005 55C-14 Mitigation Monitoring and Reporting Program Table 1. Information pertammg to compliance with mItIgation measures, or any necessary modifications or refinements, will be documented in the comments portion of the matrix. 3. Until all mitigation measures have been completed, the City of Santa Ana, as the Lead Agency, is responsible for ensuring that implementation of the mitigation measures occur is in accordance with the program [see CEQA Guidelines Section 15097 (a)]. 4. The MMRP is a public document to be made available to interested members of the public, interested groups, and responsible agencies. Alton Avenue Overcrossing at SR-55 Mitigation Monitoring Plan. L-3 February July 2005 55C-15 State Clearinghouse No.1997071010 ALTON AVENUE OVERCROSSING AT SR-55 Draft Findings of Fact and Mitigation Monitoring Reporting Program Submitted Pursuant To: California Environmental Quality Act (Division 13, Public Resources Code) 12-0RA-55 KP 11.21/13.44 PM R6.97/R8.35 EA 12209-005500 Prepared for: State of California Department of Transportation U.S. Department of Transportation Federal Highway Administration City of Santa Ana ~~tltB City of Irvine Prepared by: Parsons Brinckerhoff Quade & Douglas April July 2005 55C-17 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) TABLE OF CONTENTS Section Pa2;e 1.0 Introduction ............................................................................................ .................... .................... 1 2.0 Project Description ................................ ............................... .................................. ....................... 2 3.0 CEQA Preparation and Processing ............... ....... ................ ......... .... ..... ........... ........... ................... 3 4.0 Record of Proceedings ......................................................................................... ............. ......... ..... 4 5.0 Findings of Fact ............................................................................................................................. 5 6.0 Mitigation Monitoring and Reporting Program ............................................................................. 7 7.0 Significant Effects, Mitigation Measures, and Findings ............................................................... 8 8.0 Findings Regarding Project Alternatives .... ........... ..... ........... ......... ............... ..... ................ ..... .....31 9.0 Statement of Overriding Considerations ..... ...... ........... ..... ............ ...... .... ...... ........ ......... ...............33 10.0 Independent Review and Analysis ... ....... .......... ............ ...... ..... ............ ..... ...... ........... ....... ......... ....34 11.0 Acronyms ................................................................................................... .............. ......................35 APPENDIX A: Mitigation Monitoring and Reporting Program (MMRP) Alton Avenue Overcrossing at SR-55 K-i April July 2005 55C-18 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) 1.0 INTRODUCTION The Cities of Santa Ana and Irvine , in cooperation with the California Department of Transportation (Caltrans) and the Federal Highway Administration (FHW A), propose to build an overcrossing structure over the Costa Mesa State Route 55 (SR-55) Freeway between the eastern terminus of Alton Avenue in the City of Santa Ana and the western terminus of Alton Parkway in Irvine, Orange County. The proposed project includes SR-55 from 0.1 kilometer (0.06 mile) north of MacArthur Boulevard to 0.1 kilometer (0.06 mile) south of Warner Avenue and Alton Avenue from Main Street (City of Santa Ana) to 0.1 kilometer east of Red Hill Avenue (City of Irvine). The City of Santa Ana is the project proponent and the Lead Agency with the primary responsibility for preparing and certifying the California Environmental Quality Act (CEQA) compliance documents. The lead agency for the environmental analysis for the proposed project under the National Environmental Policy Act (NEP A) is the Federal Highway Administration (FHW A). The California Department of Transportation (Caltrans) acts as a liaison on behalf of FHW A. In accordance with Section 15150 of the State CEQA Guidelines, the certified Final Environmental Impact Report/Environmental Assessment (FEIR/EA) is incorporated by reference. The Final EIR/EA comprises the Draft EIR/EA (September 2003), letters received commenting on the Draft EIR/EA, and the Response to Comments (May 2004). Alton Avenue Overcrossing at SR-55 K-l April July 2005 55C-19 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) 2.0 PROJECT DESCRIPTION The proposed action would include the construction of an overcrossing on Alton Avenue/Parkway with high-occupancy vehicle (HaY) direct access drop ramps over connecting to SR-55, addition of a signalized intersection with the HaY ramps, widening the SR-55 to accommodate median ramps, widening Alton Avenue, relocating an existing drainage channel, relocating two sections of Pullman Avenue, widening the Dyer Road undercrossing structure, and modifying existing ramps at MacArthur Boulevard and Dyer Road to connect with the widened freeway. Overcrossing improvements are within the existing Caltrans right-of-way and the Cities of Santa Ana and Irvine. Some property acquisitions would be needed to widen Alton Avenue to accommodate two travel lanes in each direction, dedicated left turn lane, and sidewalks. The proposed improvements would conform to Caltrans design standards but would require some design exceptions for non-standard features. The project has been assigned the Project Development Processing Category 3 because it would provide a new freeway connection and would require widening of the freeway. The total estimated construction cost for the proposed build alternative is $83.4 million dollars. The proj ect would receive funding from the City of Santa Ana, the City of Irvine, and the Orange County Transportation Authority (aCTA). This project is programmed for funding in the 2002 State Transportation Improvement Program (STIP), the Final 2002 Regional Transportation Improvement Program (RTIP FY 2004/2005-2009/2010), and the approved Capital Improvement Programs for the Cities of Santa Ana and Irvine. Alton Avenue Overcrossing at SR-55 K-2 April July 2005 55C-20 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) 3.0 CEQA PREPARATION AND PROCESSING As required under CEQA, a Notice of Preparation (NOP) with the Initial Study Checklist were mailed on June 30, 1997 to elected officials and local, state, and federal agencies having jurisdiction or discretionary approval within the project corridor. The NOP indicated that the proposed project could potentially cause environmental impacts (e.q. land use, geology, water, air quality, transportation/circulation, energy, mineral resources, hazardous waste, noise, public services, and utilities impacts), and that these potential impacts would be analyzed in the DEIRJEA prepared for the project. The NOP is included as Appendix F of the Draft EIRJEA. The 30-day review period for the NOP ended on July 30, 1997. During this review period, comments and input were solicited from state and local government agencies, which would affect or be affected by the proposed project modifications, as well as from private organizations and individuals that may have an interest in the project. The written comments received during the review period for the NOP are contained in Appendix G of the Draft EIRJEA. The City of Santa Ana considered the information in the NOP, along with all comments made in the response to the NOP, in preparing the Draft EIRJEA. On February 2, 2004, the City of Santa issued the Draft EIRJEA for public review for a period of 45 days ending on March 17, 2004. The Notice of Availability was published in the Orange County Register (February 4,2004) and in the Irvine World News (February 5,2004). This legal notice announced the release of the Draft EIRJEA, described the proposed project modifications, identified where the Draft EIRJEA was available for review, and stated the period for submittal of comments on the contents of the Draft EIRJEA. In addition, copies of the Draft EIRJEA were also made available for public review at the Santa Ana Public Library (26 Civic Center Plaza, Santa Ana, California, 92701), Irvine Public Works Department (1 Civic Center Plaza, 2nd floor, Irvine, California, 92623-9575), Irvine Heritage Park Regional Library (14361 Yale Avenue, Irvine, California, 92604), and Caltrans District 12 Office (3347 Michelson Drive, Suite 100, Irvine, California, 92612-1692). The City of Santa Ana distributed approximately 24 copies of the Draft EIRJEA to responsible agencies, trustee agencies, affected public agencies, nearby property owners and residents, and other interested public groups. The City of Santa Ana received seven letters commenting on the Draft EIRJEA. In May 2004, the City of Santa Ana completed the Final EIRJEA for the proposed project, and prepared the Response to Comments document for comments received on the Draft EIRJEA. It is intended that the City of Santa Ana City Council would consider the Final EIRJEA at its regularly scheduled City Council meeting. Alton Avenue Overcrossing at SR-55 K-3 April July 2005 55C-21 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) 4.0 RECORD OF PROCEEDINGS For purposes ofCEQA and the findings set forth herein, the record of proceedings for the City of Santa Ana's decision on the proposed project modifications consists ofthe following documents: · The NOP prepared for the proposed project modifications; · All public notices issued in conjunction with the proposed project modifications; · The Draft EIR/EA (September 2003); · All comments submitted by agencies or members of the public during the 45-day public comment period on the Draft EIR/EA; · The Mitigation Monitoring and Reporting Program for the project; · All findings and resolutions adopted by the City in connection with the proposed project and all documents cited or referred to therein; · The certified Final EIR/EA for the proposed project; · All reports, studies, memoranda, maps, and other planning documents relating to the proposed project prepared by the City of Santa Ana, the City's consultants, or responsible or trustee agencies with respect to the City's compliance with the requirements ofCEQA, and with respect to City's action on the proposed project; · All documents submitted to the City by agencies or members of the public in connection with the proposed project; · Matters of common knowledge to the City, including, but not limited to federal, state, and local laws and regulations. The custodian of the documents comprising the record of proceedings is the City of Santa Ana (Santa Ana Public Works Agency, 20 Civic Center Plaza, Santa Ana, California, 92701). Alton Avenue Overcrossing at SR-55 K-4 April July 2005 55C-22 Draft Findings o/Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) 5.0 FINDINGS OF FACT These Findings cite substantial evidence in the record in support of each of these findings and present an explanation to supply the logical step between the finding and the facts in the record. (State CEQA Guidelines, S 15091.) Under CEQA, for each significant environmental effect identified in an EIR for a proposed project, the approving agency must issue a written finding reaching one or more of three allowable conclusions: · "[c]hanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR." (State CEQA Guidelines, S 15091, subd. [a][1].) · "[s]uch changes or alterations are within the responsibility 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." (State CEQA Guidelines, S 15091, subd. [a] [2].) · "[s]pecific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR." (State CEQA Guidelines, S 15091, subd. [a][3].) CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to avoid or substantially reduce significant environmental impacts that would otherwise occur. Project modification or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with some other agency (State CEQA Guidelines, S 15091, subd. [a] [3][c]). Public Resources Code Section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period oftime, taking into account economic, environmental, social, and technological factors." State CEQA Guidelines Section 15364 adds another factor: "legal" considerations (see also Citizens of Goleta Valley v. Board of Supervisors ["Goleta 11"J [1990] 52 Cal.3d 553,565 [276 Cal. Rptr. 410]). The State CEQA Guidelines do not define the difference between "avoiding" a significant environmental effect and merely "substantially lessening" such an effect. The City must therefore glean the meaning of these terms from the other contexts in which the terms are used. Public Resources Code Section 21081, on which State CEQA Guidelines Section 15091 is based, uses the term "mitigate" rather than "substantially lessen." The State CEQA Guidelines therefore equate "mitigating" with "substantially lessening." Such an understanding of the statutory term is consistent with the policies underlying CEQA, which include the policy that "public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects." (Public Resources Code, S 21002). For purposes of these Findings, the term "avoid" refers to the effectiveness of one or more mitigation measures to reduce an otherwise potentially significant effect to a less-than-significant level. In contrast, the term "substantially lessen" refers to the effectiveness of such measure or measures to substantially reduce the severity of a significant effect, but not to reduce that effect to a level that is less than significant. Alton Avenue Overcrossing at SR-55 K-5 April July 2005 55C-23 Draft Findings o/Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) Although the State CEQA Guidelines Section 15091 requires only that approving agencies specify that a particular significant effect is "avoid[ed] or substantially lessen[ed]," these findings, for purposes of clarity, in each case will specify whether the effect in question has been reduced to a level that is less than significant, or has simply been substantially lessened but remains significant. This document presents the City's findings as required by CEQA, cites substantial evidence in the record in support of each of these findings, and presents an explanation to supply the logical step between the finding and the facts in the record (State CEQA Guidelines, Section 15091). Alton Avenue Overcrossing at SR-55 K-6 April July 2005 55C-24 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) 6.0 MITIGATION MONITORING AND REPORTING PROGRAM A Mitigation Monitoring and Reporting Program (MMRP) will need to be adopted by the City of Santa Ana pursuant to the CEQA Guidelines (refer to Public Resources Code, S 21081.6). The MMRP will be used to track compliance with project mitigation measures. This MMRP is fully described and includes the complete list of measures to be implemented in Appendix AL of the Final EIRIEA. Alton Avenue Overcrossing at SR-55 K-7 April July 2005 55C-25 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) 7.0 SIGNIFICANT EFFECTS, MITIGATION MEASURES, AND FINDINGS The Draft EIRIEA identified ten environmental categories that may result in significant or potentially significant environmental impacts. All of these significant impacts can be avoided through the adoption of feasible mitigation measures. This section presents in greater detail the City's Findings with respect to the significant and potentially significant environmental effects of the proposed project. It also summarizes the evidence relied upon by the City in making these findings. This evidence is drawn from the Notice of Preparation, the Final EIRIEA, the comments and responses to comments on the Draft EIRIEA, and other evidence presented to the City, including all other information in the administrative record. 7.1 GEOLOGY, SOILS, SEISMICITY Potentially Significant Effects Permanent Impacts . The proposed project area is subject to groundshaking from fault activity. Ground motion could result in structural damage and potential traffic delays. Fault activity is not considered to be a major constraint to roadway construction in the region. . Possible consequences to roadway features from soil liquefaction are settlement and spreading of embankments and cracking of the pavement and structure surface. . Subsidence, a general lowering of the ground surface, has occurred within various parts of Santa Ana. This is generally attributed to a lowering of groundwater levels. Groundwater extraction is regulated by the Orange County Water District to ensure that groundwater resources are not depleted or that levels are not substantially lowered to cause land subsidence. The proposed improvements would not be exposed to substantial impacts from subsidence of the land due to groundwater extraction. . Soils with a moderate to high expansion potential are found in and near the project area. The use of highly expansive soils would be unsuitable for use as backfill material around roadway and freeway structures, as it can result in uplift or result in cracking of the foundation or other rigid structures. · Implementation of the Preferred Alternative would result in an increase in impermeable surfaces in the form of additional street paving and expanded freeway structures. This increase in paved surfaces has the potential to increase the volume of water runoff possibly resulting in erosion of adjacent soil surfaces. Temporary Impacts (Construction) · Grading activities may result in earth surfaces being exposed to erosive forces. · Temporary structures used during construction have the potential to be affected by seismic events. Alton Avenue Overcrossing at SR-55 K-8 April July 2005 55C-26 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) Mitigation: Identified potential impacts are anticipated to be less than significant with the following measures, which are considered standard industry practices. Seismic . Detailed geotechnical studies will be performed in conjunction with detailed engineering designs to provide appropriate boring, soil, and fault information. Hinged restrainers will be used to hold together overcrossing elements during extreme motion. Reinforcement in column sections will be increased to assure effective confinement of concrete, allowing large movements to occur without collapse. . . Liquefaction . Piles will be used under the overcrossing. . Tensile reinforcement will be used in embankments. Expansive Soils . In construction areas where soils are highly expanSIve, compaction of the highly expansive soils will occur prior to construction. Erosion . Any fills placed near the Orange County Flood Control District (OCFCD) open trapezoidal channel (Lane Channel), will be suitably protected against erosion, including culverts to pass the flow uninterrupted. · Excavated materials will not be deposited or stored in or alongside Lane Channel where materials can be washed away by high water or storm runoff. · Permanent erosion control measures, such as hydroseeding, landscaping, and riprap protection, will be implemented and included on approved construction plans. . Any off- or on-site drainage facilities affected by the proposed project will be designed to comply with City of Santa Ana, City of Irvine, and Caltrans design standards. With Mitigation the Effects are Found to be: ( ) Significant (x) Not Significant Finding: 1. (x) Changes or alterations have been required in, or incorporated into, the project, which avoid the significant environmental effect. (Subd. [a][l].) 2. () Such changes or alterations are within the responsibility 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. (Subd. [a][2].) 3. ( ) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIRIEA (Subd. [a][3].) Alton Avenue Overcrossing at SR-55 K-9 April July 2005 55C-27 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) Rationale: Implementation of these standard industry practices will reduce impacts related to seismic activity, liquefaction, expansive soils, and erosion to levels less than significant by ensuring that all construction incorporate Best Management Practices for erosion control and current Caltrans seismic design criteria. Standard industry practices also address liquefaction and expansive soils issues. No other mitigation is required. Reference: The discussion on setting, impacts, and mitigation related to Geology, Soils, and Seismicity are included in Section 4.1 of the FEIR/EA prepared for the Alton Avenue Overcrossing at SR-55. 7.2 HYDROLOGY, WATER QUALITY, STORMW ATER RUNOFF Potentially Significant Effects Permanent Impacts . The receiving waters are presently subject to direct runoff from the existing highway, land immediately adjacent to the highway, and adjacent residential, commercial, and industrial urbanization. The proposed project is approximately 1,700 meters (5,577 feet) long, with an average increase in pavement width of approximately 28.0 meters (92 feet), and an increase in impervious area of 4.78 hectares (11.8 acres). The Preferred Alternative would increase the rate and volume of runoff slightly. The rate and amount of any dissolvable and suspended materials would increase slightly. The increased rate of runoff and volume of runoff would be due to the increase in impervious surfaces. The overall watershed would not change as a result ofthe project. · Construction of the HOV direct-access drop ramps, with the associated widening of SR-55 to accommodate the median ramps, would require the modification of the OCFCD Lane Channel. Modifications would include replacing the channel with an enclosed box culvert that would cross under the freeway to the east side of SR-55 where it would head south, running parallel to the freeway under Pullman Street. The box culvert west of SR-55 would be 10 feet high by 13 feet wide and east of SR-55 the box culvert would be shorter and wider, 7 feet high and 12 feet wide, in order to accommodate the existing profile of Pullman Street (double box culvert). These modifications would affect approximately 1,310 square meters (2.36 acres). Implementation of the Preferred Alternative would not significantly increase storm water runoff volumes carried by Lane Channel and velocities of storm runoff after the project would not vary significantly from the pre-project conditions. All new storm drain improvements would be protected from any erosive velocities. Temporary Impacts (Construction) · Lane Channel would be relocated to cross under SR-55 just south of Dyer Road and continue parallel to the freeway, under Pullman Street. · During construction, the activities related to the Lane Channel relocation may have an impact on the receiving waters. The potential impacts to receiving waters would be Alton Avenue Overcrossing at SR-55 K-IO April July 2005 55C-28 Draft Findings a/Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) primarily sediment transport and local erosion. Additional impacts may be waste products of the construction process and contamination from the use and storage of mechanical equipment. . The shallowest water table in the project area is 1.8 to 2.4 meters (six to eight feet) deep. The majority of the planned construction activities for the project would occur above the water table. Where groundwater may be encountered, such as for drainage facilities and piles, standard construction practices would include identification of specific groundwater depth and the use of such methods as sealed courses, and similar methods, where necessary. Mitigation: Because modification and realignment of the OCFCD Lane Channel would not take place within the active flood control channel, any potential impacts to receiving waters would be avoided. The relocated Lane Channel would be constructed per current standards of the OCFCD and designed to convey 100-year discharges. The City shall implement the following mitigation measures: HYD-l Mitigation of the water pollution impacts of construction activities will be primarily addressed in the Storm Water Pollution Prevention Program (SWPPP) prepared for the project. The SWPPP shall be implemented at the appropriate level to protect water quality at all times throughout construction. Non-stormwater Best Management Practices (BMPs) must be implemented year round. The contractor shall incorporate into the SWPPP the necessary critical temporary, permanent, and post-construction control measures appropriate for the project. HYD-2 In order to meet the requirements of the Countywide Drainage Area Management Plan, the following notes will be incorporated into the construction plan sheets. · Construction sites shall be maintained in such a condition that an unanticipated storm does not carry wastes or pollutants off the site. · Such "discharges" of material other than storm water are allowed only when necessary for performance and completion of construction practices anywhere they do not: cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution contamination, or nuisance; or contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. · Materials which may have effects of pollution include but are not limited to: solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives and solvents; asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants and hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water; concrete, detergent or floatable wastes; wastes from any engine/equipment steam cleaning or chemical degreasing; and super-chlorinated potable water line flushings. During construction, disposal of such materials shall occur in a specified and controlled temporary area on site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, state and federal requirements. Alton Avenue Overcrossing at SR-55 K-ll April July 2005 55C-29 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) . Dewatering of contaminated groundwater, or discharging of contaminated soils via surface erosion is prohibited. HYD-3 The City of Santa Ana and the City of Irvine have each agreed to maintain (clean) the portion of the relocated channel lying within their respective jurisdictions, while Caltrans would be responsible for structural maintenance of the section of the box culvert located under the freeway. With Mitigation the Effects are Found to be: ( ) Significant (x) Not Significant Finding: 1. (x) Changes or alterations have been required in, or incorporated into, the project, which avoid the significant environmental effect. (Subd. [a][1].) 2. () Such changes or alterations are within the responsibility 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. (Subd. [a][2].) 3. ( ) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIRIEA (Subd. [a][3].) Rationale: Implementation of these mitigation measures will reduce impacts to hydrology, water quality, and stormwater runoff to levels less than significant by ensuring that design and construction of the Preferred Alternative meet the requirements of the Countywide Drainage Area Management Plan, that a SWPPP is prepared for the project, and that both stormwater and non-stormwater BMPs are implemented. No further mitigation is required. Reference: The discussion on setting, impacts, and mitigation related to Hydrology, Water Quality, and Stormwater Runoff are included in Section 4.2 of the FEIRIEA prepared for the Alton Avenue Overcrossing at SR-55. 7.3 HAZARDOUS W ASTE/MA TERIALS Potentially Significant Effects Permanent Impacts No permanent hazardous waste/materials impacts would occur associated with the operation of the Preferred Alternative, as it is assumed that any hazardous waste/materials issues would be remediated prior to construction. Temporary Impacts (Construction) The proposed project is not anticipated to pose a substantial risk of an explosion or the release of hazardous substances in the event of an accident, or to otherwise adversely affect overall public safety. Based on the analyses performed as part of the Initial Site Assessment (1999), Alton Avenue Overcrossing at SR-55 K-12 April July 2005 55C-30 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) Supplemental Initial Site Assessment (2003), and Phase II Environmental Site Assessment, (2005) there are numerous facilities located adjacent to the proposed project that handle, use, and/or store hazardous waste and/or materials. During construction, these facilities could potentially expose the public and construction workers to hazardous waste/materials. Acquisition Properties Based on the Phase II Environmental Site Assessment (ESA, 2005) was performed by Leighton Consulting, Inc. (Leighton Consulting) for all acquisition properties where there was a potential for hazardous waste/materials as identified in the ISA (1999) and Supplemental ISA (2003), the following sites have been identified as potential contaminant sources. The Phase II ESA involved several activities such as: obtaining and analyzing soil and groundwater samples on seven full acquisition sites (Sites No. 10, 11, 12, 13, 14, 15, and 17); reviewing a draft preliminary Endangerment Assessment Report (Site No.9); conducting a site reconnaissance on three partial acquisitions sites (Sites No. 44, 74, and 77); and reviewing a Phase I ESA for the final partial acquisition site (Site No. 75) identified in Table 4.3-1. A synopsis of the most recent hazardous waste/materials information for each of the sites and the hazardous waste concerns for each site are also provided below. Arsenic was not found in the soil in excess of the expected background concentration in any of the sites. · Site No.9 - Santa Ana Plating, 411 East Alton Avenue, Santa Ana (Site No.9) - Full Take According to the Phase II ESA (2005) prepared by Leighton Consulting, this site is subject to Consent Order SRPDOll02 sns-4270 with the Environmental Protection Agency, Department of Toxic Substance Control (DTSC). In lieu of site access, Leighton Consulting was allowed to copy the draft Preliminary Endangerment Assessment (PEA) Report, which was prepared in compliance with the consent order. According to the PEA, arsenic was detected in soil samples, however concentrations were consistent with background concentrations. The reported concentrations of arsenic, total chromium, molybdenum, nickel, selenium and vanadium exceed their respective Tap Water Preliminary Remediation Goals (PRG) in one or more of the groundwater samples. The PEA recommended several tasks to better identify the source, potential off-site sources, and to evaluate potentially affected groundwater resources, including development of a groundwater investigation work plan and performance of a soil gas survey. DTSC may require the owner to implement a remedial action plan for soil and groundwater at this location. This must be considered in negotiations to acquire this property to avoid becoming a potentially responsible party and avoid any unwanted liability. · Site No. 10 - Goodwin International, 3121 South Oak Street, Santa Ana; and Myers Forklift, 3126 South Kilson Drive, Santa Ana - Full Take According to the Phase II ESA (2005), arsenic was detected in soil samples, however, concentrations were consistent with background concentrations. Trichloroethylene (TCE) was detected in groundwater samples collected by Leighton Consulting. The source of contamination is undetermined. · Site No. 17 - Magna Engineering, 3122 South Halladay Street, Santa Ana (Site No. 17) - Full Take During the Phase II ESA (Leighton Consulting, 2005), arsenic present in the soil was within the expected background range for soils in the area. Arsenic and vanadium were detected at concentrations greater than their Tap Water Preliminary Remediation Goals (PRG). The source of groundwater contamination at this site was undetermined. If dewatering activities are required at this site, proper disposal of groundwater is required. Alton Avenue Overcrossing at SR-55 K-13 April July 2005 55C-31 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) . Site No. 44 - One Source Distributors, 1021 Duryea Avenue, Irvine - Partial Take On November 17, 2004, Leighton Consulting conducted a site reconnaissance of the site (Leighton Consulting, 2005). The usage/storage or hazardous materials and the presence of underground storage tanks were not observed on the property. There was no indication hazardous material impact to near-surface soils on the portion of the property to be acquired. Groundwater beneath the site may have been impacted by migration of contaminants present in the groundwater in the area. Any project excavation required on this site is expected to be shallow and not expected to encounter groundwater. · Site No. 74 - Arte International Furnishings, 17092 Pullman Street, Irvine - Partial Take On November 17, 2004, Leighton Consulting conducted a site reconnaissance of Arte International Furnishings located at 17092 Pullman Street (Leighton Consulting, 2005). The present or past usage/storage of hazardous materials and underground storage tanks were not observed on the property. There was no indication hazardous material impact to near-surface soils on the portion of the property to be acquired. Several groundwater monitoring wells were observed during the site reconnaissance in the right-of-way along Pullman Street in front of the property site. Groundwater beneath the site may have been impacted by migration of contaminants present in the groundwater in the area. Any project excavation required on this site is expected to be shallow and not expected to encounter groundwater. · Site No. 75 - 3M, 17132 Pullman Street, Irvine - Partial Take On December 1, 2004, Leighton Consulting received a copy of the completed Phase I ESA for 3M located at 17132 Pullman Street (Weston Solutions, Inc., 2004). According to the Phase I ESA, underground storage tanks, vent pipes, dispenser pads, and groundwater wells were not observed on site. The facility operates under 13 air permits for knitting operations/coaters and a storm water discharge permit. Hazardous substances (coolants and oils) are stored in 55-gallon drums in an outdoor covered and locked area. No violations were found for this site. One release of approximately 30 gallons of hydraulic fluid into the subsurface soils occurred in 1986, however, the spill and impacted soil was removed. A Phase II ESA is being prepared for this site to assess soil and groundwater conditions based on the historic use of chlorinated solvents at the facility between 1975 and 1994. Any project excavation required on this site is expected to be shallow and not expected to encounter groundwater. · Site No. 77 - RicohlLanier Professional Services, 1062 McGaw Avenue, Irvine - Partial Take On September 30, 2004, Leighton Consulting conducted a site reconnaissance of the vacant Ricoh building located at 1062 McGaw Avenue. The site was previously used to assemble printers and toner cartridges. An aboveground propane storage tank that is no longer in use is located in the rear of the building. A groundwater investigation conducted by Applied Geosciences, Inc. in 1993 indicated groundwater contamination was present at the site. Although the RWQCB has taken the position that the site may have been impacted by discharges of chlorinated volatile organic compound (CVOC) contaminated groundwater from the 17482 Pullman Street property, which is a non-acquisition property, any project excavation required on this site is expected to be shallow and not expected to encounter groundwater. · Site No. 19 - ITT Cannon, 666 Dyer Road, Santa Ana - Non-Acquisition Alton Avenue Overcrossing at SR-55 K-14 April July 2005 55C-32 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) Although this site is not being partially or fully acquired by the proposed project, a groundwater sampling report conducted by Arcadis G&M, Inc. (Arcadis, 2004) for this site was reviewed due to the proximity of monitoring wells to the project location. Two of the monitoring wells are within the proposed project right-of-way. Testing results showed that concentrations of TCE and vinyl chloride exceeded the TCE and vinyl chloride Tap Water PRG. Acetone, carbon disulfide, and Freon 113 were also detected in groundwater sampling. Transportation Off-Site of Hazardous Waste/Materials Hazardous waste/materials that could potentially be located along the proposed project site, such as aerially-deposited lead (ADL), lead based paint (LBP), asbestos, traffic striping, contaminated soil, and contaminated groundwater, would be either transported within the project site or disposed off-site per applicable regulations. The presence of these materials can present a risk to workers and may increase the cost for handling and disposing of construction debris. The identification and quantification of materials to be transported (i.e., ADL, LBP, asbestos, traffic striping, contaminated soil, and contaminated groundwater) will be identified, where possible, as part of the appropriate evaluations that are included in Section 4.3.6 of the Final EIR/EA. Mitigation: Phase II testing was performed after the public comment review period for the Draft EIR/EA for the proposed project (Section 1.3). The following are the updated recommendations resulting from the ISA (1999), Supplemental ISA (2003), and Phase II ESA (2005): HAZ-1 HAZ-2 HAZ-3 During final design, the following information shall be developed: . Final determination of which sites will be fully or partially acquired . Determination of specific construction activities planned on or near each potential contaminant source, including any utility work . Development of site-specific hydrogeologic information, including geology and groundwater depth and direction . Additional in-depth review of agency records, and interviews with regulators and property owners/occupants of potential contaminant sources identified as a potential impact to the preferred alternative Dewatering is not expected at any of the of the acqUlslt10n sites with potential hazardous waste concern for the proposed project. However, if design details change so that dewatering is required at the sites listed above and once dewatering requirements have been determined, a study shall be undertaken to determine the effects of dewatering on groundwater flow pattern. Once these effects have been determined, the City shall determine if any liability is incurred as a result of the altered groundwater flow pattern. The City shall determine which monitoring wells located on Pullman Street, Duryea Avenue, and McGaw Avenue are within the limits of proposed construction, whether any monitoring wells can and/or should be relocated, and who is responsible for relocation of the wells. Alton Avenue Overcrossing at SR-55 K-15 April July 2005 55C-33 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) HAZ-4 HAZ-5 HAZ-6 HAZ-7 HAZ-8 HAZ-9 Soil in unpaved areas next to the traffic lanes or shoulders shall be tested for ADL at a very early stage of the design phase. If excess soils within the existing or proposed right-of-way contains greater than 350 milligrams per kilogram (mg/kg) Aerially Deposited Lead (ADL), then the soil is considered hazardous and must be disposed at a Class I disposal site. An ADL investigation shall be conducted after the extent of excavation has been established, which will occur during final design. Handling of ADL contaminated soil shall comply with Caltrans ADL Variance number OO-H- V AR-07, dated September 22,2000, and Caltrans Lead Contaminated Soil Variance Modification, District 12, dated December 13,2002. An ADL investigation shall be conducted after the extent of excavation has been established, which will occur during final design. Other hazardous waste/materials that could potentially be located along the proposed project site, such as lead based paint, asbestos, traffic striping, contaminated soil, and contaminated groundwater, would be either transported within the project site or disposed off-site per applicable regulations. Prior to construction, a health and safety plan containing specific procedures for encountering both expected and unexpected contaminants will be developed by a certified industrial hygienist. Prior to construction a health and safety plan, construction containment management plan, and construction contingency plan shall be developed Testing, removal, and transporting off-site of yellow striping shall be performed prior to construction and shall follow Construction Program Procedure Bulletin 99-2 (CPB 99-2). Prior to full or partial demolition any structures to be removed or resold as part of the proposed project shall include testing for, and proper disposal (including transporting off-site) of, any asbestos containing materials, lead based paint (LBP), and/or the presence of residual hazardous materials resulting from their use within the structure. The presence of these materials can present a risk to workers demolishing the structure and may increase the cost for handling and disposing of construction debris. Their presence could also be an issue if the structure is not completely demolished and/or resold. Observations should be made during any site work for the occurrence of possible contamination, such as, but not limited to the presence of underground facilities, buried debris, waste drums, tanks, and stained or odorous soils. Should any suspect materials be discovered, the appropriate agencies will be contacted to determine if any additional investigation may be warranted to assure the issues of exposure protection and disposal are properly addressed. The appropriate agencies will be contacted. If additional hazardous materials investigations are required, all mitigation identified in those investigations will be implemented as prescribed. All mitigation identified in the required additional hazardous materials investigations will be implemented as prescribed in the studies. With Mitigation the Effects are Found to be: Alton Avenue Overcrossing at SR-55 K-16 April July 2005 55C-34 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) ( ) Significant (x) Not Significant Finding: 1. (x) Changes or alterations have been required in, or incorporated into, the project, which avoid the significant environmental effect. (Subd. [a][l].) 2. () Such changes or alterations are within the responsibility 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. (Subd. [a][2].) 3. () Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR/EA (Subd. [a][3].) Rationale: Implementation of these mitigation measures will reduce hazardous waste/materials impacts to levels less than significant by ensuring that if the improvements proposed for this project are recommended for implementation, follow-up hazardous material analysis be performed during PS&E and prior to construction to identify impacts from the known and unknown sources, and to prescribe specific mitigation to address these impacts. Thus, any hazardous waste/materials issues would be remediated prior to construction. No further mitigation is required. Reference: The discussion on setting, impacts, and mitigation related to Hazardous Waste/Materials are included in Section 4.3 of the FEIR/EA prepared for the Alton Avenue Overcrossing at SR-55. 7.4 AIR QUALITY Potentially Significant Effects Permanent Impacts - None . No violations of the federal or state one- or eight-hour Carbon Monoxide (CO) standards are predicted with the Preferred Alternative. In the Preferred Alternative Phase 1, CO levels are predicted to slightly increase at both analysis sites. This increase is 0.5 parts per million (ppm) or less for the eight-hour analysis period. In the Preferred Alternative Phase 2, CO levels are lower as compared to CO levels predicted in Phase 1. · There are no indications that the Preferred Alternative would contribute to a particulate matter less than 10mm (PMIO) hot spot that would cause or contribute to the PMIO National Ambient Air Quality Standards (NAAQS). This finding is based, in part, on the inclusion of the project in Southern California Association of Governments' (SCAG's) 2002 RTIP, which accounted for the regional PMIO State Implementation Plan (SIP) budget compliance. It is also based on the PMIO concentrations recorded at California Air Resources Board's (CARB's) Anaheim-Harbor Boulevard Monitoring Station, the closest monitoring station to the study area, which did not violate the NAAQS for the three-year period from 1999 through 2001. There would be no unusual circumstances, such as high diesel truck Alton Avenue Overcrossing at SR-55 K-17 April July 2005 55C-35 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) percentages, changes in dispersal patterns, roadway sanding, or unpaved shoulders preparation that would result in a localized PMIO exceedance. . The project is not predicted to cause or contribute to a new violation of the State or Federal Ambient Air Quality Standards. It is not predicted to increase the frequency or severity of any existing violations of these standards. As part of the most recently approved 20024 RTIP the project does not conflict with adopted environmental plans or goals of the community where it is located. The project is not expected to cause objectionable odors or expose sensitive receptors to substantial amounts of air pollutants. As such, the project is considered to not have a significant air quality impact as defined by CEQA. Temporary Impacts (Construction) . Construction activities would result in pollutant emissions over the entire course of the construction period. Air pollutants would be emitted by construction equipment and dust would be generated during grading and site preparation. At this phase of project planning, very little information is available regarding the specifics of the project's construction. In general, construction activities for large development projects are estimated by EP A to add approximately 2.9 metric tons per hectare (1.2 tons of fugitive dust per acre) of soil disturbed per month of activity. In some cases, grading activities may occur close to existing development. Under such circumstances, care should be taken to minimize the generation of dust. Particulate emissions would represent the largest construction impact for the Alton Avenue Overcrossing project, and would be generated during the demolition and grading activities. Common practice for minimizing dust generation is watering prior to, and during, grading. With watering, dust generation would be reduced to half the amount that would be generated without watering. Various types of construction emissions would also be generated from construction equipment, construction-related vehicle travel, construction-related energy consumption, and release of hydrocarbons from paints, architectural applications, and asphalt operations. Mitigation: Airborne asbestos impacts could occur with the demolition of existing structures that contain asbestos. AQ-1 An asbestos study of all structures slated for demolition will be conducted. SCAQMD's Rule 1403 - Asbestos Emissions from Demolition/Renovation Activities will be followed for all relevant activities. The City shall implement the following mitigation measures to mInImIZe the amount of construction dust generated: AQ-21 During pre-construction and site preparation of the subject site, the contractor shall use the following measures to minimize dust: . Minimize land disturbances . Use watering trucks to minimize dust . Cover trucks when hauling dirt . Stabilize the surface of dirt piles, if not removed immediately . Use windbreaks to prevent any accidental dust pollution . Limit vehicular paths and stabilize temporary roads · Pave construction roads and parking areas to road grade where roads and parking areas exit the construction site Alton Avenue Overcrossing at SR-55 K-18 April July 2005 55C-36 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) AQ-32 During construction, the contractor shall use the following measures to minimize dust: . Cover trucks when transferring materials . Use dust suppressants on traveled paths that are not paved . Minimize unnecessary vehicular and machinery activities . Minimize dirt track-out by washing or cleaning trucks before they exit the construction site AQ-43 Post-construction, the contractor shall use the following measures to minimize dust: . Revegetate any disturbed land not used . Remove unused material . Remove dirt piles . Revegetate all vehicular paths created during construction to avoid future off- road vehicular activities With Mitigation the Effects are Found to be: ( ) Significant (x) Not Significant Finding: 1. (x) Changes or alterations have been required in, or incorporated into, the project, which avoid the significant environmental effect. (Subd. [a][l].) 2. () Such changes or alterations are within the responsibility 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. (Subd. [a][2].) 3. ( ) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR/EA (Subd. [a][3].) Rationale: Implementation of these mitigation measures will reduce air quality impacts to levels less than significant by ensuring that short-term construction-related air pollution is minimized. No further mitigation is required. Reference: The discussion on setting, impacts, and mitigation related to Air Quality are included in Section 4.4 of the FEIR/EA prepared for the Alton Avenue Overcrossing at SR-55. 7.5 NOISE Potentially Significant Effects Permanent Impacts Under the Preferred Alternative, the noise abatement criteria (NAC) would be exceeded at Sites 2 (Adagio Apartment Complex) and 3 (Single-Family Residence at 110 Alton Avenue). For Site 2, the existing noise level is 65 dBA, and the predicted noise level for year 2025 is 69 dBA under Alton Avenue Overcrossing at SR-55 K-19 April July 2005 55C-37 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) the No Build Alternative and under the Preferred Alternative. For Site 3, the existing noise level is 62 dBA, and the predicted noise level for year 2025 is 67 dBA under the No Build Alternative and under the Preferred Alternative. Site 1 (Carriage Stop Motel) would not be substantially impacted. For Site 1, the existing noise level is 59 dBA, and the predicted noise levels for year 2025 are 62 dBA under the No Build Alternative and 62 dBA under the Preferred Alternative. Where future noise levels exceed the applicable NAC, noise abatement must be considered for reasonableness and feasibility, based on 23 CFR 772 and the Caltrans/FHW A Protocol. According to this Protocol, the noise abatement must achieve a minimum of five dB of noise reduction at the impacted receptor in order to be considered feasible. Other factors may also affect feasibility, including topography, access requirements (driveways, ramps, etc.), local cross streets, other noise sources, and safety considerations. Noise abatement, in the form of a property line noise barrier, was evaluated for Site 2, the Adagio Apartments and for Site 3, the single-family residence located at 110 Alton Avenue. A noise barrier is not considered reasonable at Site 2 because it would block both vehicle and pedestrian access to this property from Main Street. A property line noise barrier at Site 3 would be feasible because it would provide at least a five-dB noise reduction. Noise abatement, in the form of a property line noise barrier, was evaluated for Site 2, the Adagio Apartments and for Site 3, the single-family residence located at 110 Alton Avenue. A noise barrier is not considered reasonable at Site 2 because it would block both vehicle and pedestrian access to this property from Main Street. A property line noise barrier at Site 3 would be feasible because it would provide at least a five-dB noise reduction. The recommended noise abatement for Site 3 is a noise barrier wall that would be located at the property line, and will be 2.4 m (8 ft) high and 22.8 m (75 ft) long. Temporary Impacts (Construction) . During the construction phases of the Alton Avenue Overcrossing project, noise from construction activities may intermittently dominate the noise environment in the immediate area of construction. Demolition and grading, which require removal of existing structures, would result in the highest noise levels. Construction noise is regulated by Caltrans' Standard Specifications Section 7-1.011, "Sound Control Requirements." These requirements state that noise levels generated during construction shall comply with applicable local, state, and federal regulations and that all equipment shall be fitted with adequate mufflers according to the manufacturers' specifications. Because construction activity would be conducted in accordance with Caltrans' standard specifications (and by extension with local state and federal regulations), and because the noise would be short- term, intermittent, and dominated by local traffic noise, no adverse noise impacts from construction are anticipated. Mitigation: The City shall implement the following mitigation measures: NOI-1 All equipment shall have sound-control devices no less effective than those provided on the original equipment. No equipment shall have an unmuffled exhaust. NOI-2 As directed by Caltrans or the Cities of Santa Ana and Irvine, the contractor shall implement appropriate additional noise mitigation measures, including, but not Alton Avenue Overcrossing at SR-55 K-20 April July 2005 55C-38 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) limited to, changing the location of stationary construction equipment, shutting off idling equipment, rescheduling construction activity, notifying adjacent residents in advance of construction work, or installing acoustic barriers around stationary construction noise sources. NOI-3 A noise barrier is recommended to be included in the project for Site 3 (as described in the FEIR/EA) and will be subject to the property owner's concurrence. With Mitigation the Effects are Found to be: ( ) Significant (x) Not Significant Finding: 1. (x) Changes or alterations have been required in, or incorporated into, the project, which avoid the significant environmental effect. (Subd. [a][I].) 2. () Such changes or alterations are within the responsibility 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. (Subd. [a][2].) 3. ( ) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR/EA (Subd. [a][3].) Rationale: Implementation of these mitigation measures will reduce noise impacts to levels less than significant by ensuring minimization of short-term construction-related noise and implementation of a noise wall barrier at Site 3. No further mitigation is required. Reference: The discussion on setting, impacts, and mitigation related to Noise are included in Section of the FEIR/EA prepared for the Alton Avenue Overcrossing at SR-55. 7.6 BIOLOGICAL RESOURCES Potentially Significant Effects Permanent Impacts - None Temporary Impacts (Construction) . Construction activities associated with the Preferred Alternative may promote the spread of invasive plant species. Equipment operating within the study area where invasive species are already present would likely spread the species to other areas where construction would occur, or to areas where the equipment would be cleaned. Mitigation: The City shall implement the following mitigation measures prior to and during construction: Alton Avenue Overcrossing at SR-55 K-21 April July 2005 55C-39 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) BIO-1 BIO-2 BIO-3 BIO-4 Invasive weeds shall be removed from the project area under the supervision of a botanist qualified in the identification of invasive species. Pursuant to Executive Order 13112 on invasive species, "Mitigation or eradication measures may include but would not be limited to: cleaning of equipment to prevent spread of weeds; use of weed-free hay bales for erosion control; prompt revegetation of exposed soils; and use of native plant materials in new plantings that will resist introduction or spread of noxious weeds." Invasive weed removal shall be conducted prior to seed set (as determined by monthly spring surveys by a qualified botanist) to minimize the spread of invasive weed seeds in the project area. If it is not possible to remove weeds prior to seed set, measures to minimize the release of invasive weed seeds during weed removal (e.g., manual weed removal while placing weeds in plastic bags) shall be used. If necessary for erosion-control, only weed-free haybales shall be used. Mitigation for ACOE Waters of the US shall occur at a mitigation ratio of 1: 1 be coordinated with ACOE. Mitigation for CDFG jurisdictional waters shall occur at a mitigation ratio of 1: 1. With Mitigation the Effects are Found to be: ( ) Significant (x) Not Significant Finding: 1. (x) Changes or alterations have been required in, or incorporated into, the project, which avoid the significant environmental effect. (Subd. [a][l].) 2. () Such changes or alterations are within the responsibility 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. (Subd. [a][2].) 3. ( ) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR/EA (Subd. [a][3].) Rationale: Implementation of these mitigation measures will reduce impacts to biological resources, particularly regarding invasive species, to levels less than significant by ensuring that all activities prior and during construction do not promote spreading of invasive species. No further mitigation is required. Reference: The discussion on setting, impacts, and mitigation related to Biological Resources are included in Section 4.7 of the FEIR/EA prepared for the Alton Avenue Overcrossing at SR- 55. 7.7 FLOODPLAIN Alton Avenue Overcrossing at SR-55 K-22 April July 2005 55C-40 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) Potentially Significant Effects Permanent Impacts Implementation of the Preferred Alternative would require the modification of the OCFCD Lane Channel. Modifications would include replacing the channel with an enclosed box culvert that would cross under the freeway to the east side of SR-55 where it would head south, running parallel to the freeway under Pullman Street (Refer to Figure 3.2-5, Sheets 1 through 4). The box culvert west of SR-55 would be 10 feet high by 13 feet wide and east of SR-55 the box culvert would be shorter and wider, 7 feet high and 12 feet wide, in order to accommodate the existing profile of Pullman Street (double box culvert). The OCFCD Lane Channel is fully concrete- lined within the project study area and does not represent a naturalized waterway. The relocated Lane Channel will be designed and constructed to current standards of the OCFCD. The Lane Channel does not support any adjacent wetlands, sensitive biological or vegetative species or habitats or other natural or beneficial floodplain values. The proposed project would not significantly impact the 100-year floodplain. Temporary Impacts (Construction) Modifications to the Lane Channel would be designed to OCFCD standards which would accommodate the 100-year floodplain. The proposed modification of the Lane Channel would be phased so that the flows within the channel are not impeded. Mitigation: The City shall implement the following mitigation measures prior to and during construction: FLD-1 The proposed modification of the Lane Channel would be phased so that the flows within the channel are not impeded. FLD-2 A Letter of Map Revision (LOMR) from FEMA is required in accordance with Executive Order 11988 Floodplain Management, and will be obtained during final design. With Mitigation the Effects are Found to be: ( ) Significant (x) Not Significant Finding: 1. (x) Changes or alterations have been required in, or incorporated into, the project, which avoid the significant environmental effect. (Subd. [a][l].) 2. () Such changes or alterations are within the responsibility 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. (Subd. [a][2].) 3. ( ) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR/EA (Subd. [a][3].) Alton Avenue Overcrossing at SR-55 K-23 April July 2005 55C-41 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) Rationale: Implementation of these mlt1gation measures will reduce impacts to biological resources, particularly regarding invasive species, to levels less than significant by ensuring that all activities prior and during construction do not promote spreading of invasive species. No further mitigation is required. Reference: The discussion on setting, impacts, and mlt1gation related to Floodplains are included in Section 4.8 of the FEIR/EA prepared for the Alton Avenue Overcrossing at SR-55. 7.8 PARKING Potentially Significant Effects Permanent Impacts . On-Street Parking: All on-street parking would be precluded on Alton Avenue due to improvements associated with the Preferred Alternative. The loss of on-street parking would not be mitigated as there are no requirements for the City of Santa Ana to either replace on-street parking or to compensate businesses that currently use on-street parking for either employee or patron parking (P&D Environmental Services, 1994). . On-Site Parking: Loss of on-site parking can affect the viability of a business. If implementation of the project results in a business having less parking than is required by code, that parking would have to be replaced either on-site or on an adjacent parcel. If replacement parking cannot be found, the responsible City would have to provide a parking variance, or the business/parcel would have to be acquired. Refer to Table 7.7-1 for on-site parking acquisitions. . Equitable Garry Plaza (1700 E. Garry, Irvine): Equitable Garry Plaza would lose 36 parking spaces as a result of the freeway widening necessary to accommodate the HOV drop ramps from Alton Avenue. There are approximately 350 parking spaces available and the parking code requires that there be 307 spaces. With the loss of the 36 parking spaces (approximately 10 percent of the existing parking), there would still remain 314 spaces, which would be sufficient to meet code requirements. No replacement parking would be necessary or provided for this loss. · One Source Distributors (1021 Duryea, Irvine): One Source Distributors has approximately 43 parking spaces on site. However, approximately two-thirds of those spaces are fenced and being used for storage. Of the total on-site parking spaces, half would be taken by implementation of the freeway widening portion of the project, leaving 22 spaces. Code requires 21 parking spaces for the business. No replacement parking would be necessary or provided for this loss. · Amberwood Office Park (2933-2953 S. Pullman, Irvine): Amberwood Office Park has approximately 300 parking spaces. Approximately 8 parking spaces would be taken under the Preferred Alternative, which corresponds to a loss of 3 percent of existing parking, which would be sufficient to meet code requirements. No replacement parking would be necessary or provided for this loss. Alton Avenue Overcrossing at SR-55 K-24 April July 2005 55C-42 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) . 3M (17132 Pullman, Irvine): 3M has approximately 75 parking spaces. Approximately 5 parking spaces would be taken under the Preferred Alternative, which corresponds to a loss of 7 percent of existing parking. No replacement parking would be necessary or provided for this loss. . BNe Mortgage (1063 McGaw, Irvine): BNC Mortgage has approximately 130 parking spaces. Approximately 8 parking spaces would be taken under the Preferred Alternative, which corresponds to a loss of 6 percent of existing parking. No replacement parking would be necessary or provided for this loss. Mitigation: Three parcels would lose less than 10 percent of their existing on-site parking. Only two parcels would lose 10 percent or more of their existing on-site parking. However, no mitigation is required for these two parcels because the remaining parking spaces are sufficient to meet the code requirements for on-site parking. If necessary, the City shall implement the following on-site parking mitigation measure: PAR-1 When necessary, other affected businesses that would lose either landscaping or less than 10 percent of their on-site parking will require a variance by the City of Irvine. With Mitigation the Effects are Found to be: ( ) Significant (x) Not Significant Finding: 1. (x) Changes or alterations have been required in, or incorporated into, the project, which avoid the significant environmental effect. (Subd. [a][l].) 2. () Such changes or alterations are within the responsibility 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. (Subd. [a][2].) 3. ( ) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR/EA (Subd. [a][3].) Rationale: Implementation of these mitigation measures will reduce parking impacts, if any, to levels less than significant by ensuring that the City of Irvine issues a parking variance to affected businesses other than the ones evaluated in the FEIR/EA that would lose either landscaping or less than 10 percent of their on-site parking. No further mitigation is required. Reference: The discussion on setting, impacts, and mitigation related to Parking are included in Section 4.12 of the FEIR/EA prepared for the Alton Avenue Overcrossing at SR-55. 7.9 TRAFFIC TRANSPORTATION/PEDESTRIAN AND BICYCLE FACILITIES Potentially Significant Effects Alton Avenue Overcrossing at SR-55 K-25 April July 2005 55C-43 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) Permanent Impacts . The evaluation of project impacts identified four intersections that operate at a worse level of service (LOS) under the Preferred Alternative, as compared to the No Build Alternative (volume/capacity [Vie] ratios would be higher for the Preferred Alternative than for the No Build Alternative). These intersections would operate at unacceptable LOS (E or F) under the Preferred Alternative. These intersections are Dyer Road/Main Street, Halladay Street/Dyer Road, Halladay Street/Alton Avenue, and Red Hill Avenue/Alton Parkway. Transit Impacts: Construction ofthe Alton Avenue overcrossing would provide an opportunity for new or rerouted bus service between Santa Ana and Irvine. Such rerouting would result in better service for transit passengers and more efficient transit operations due to the additional link between Santa Ana and Irvine. Construction of the overcrossing and HOV ramps is also expected to result in additional regional express bus service. This transit route would service South Coast Metro, MacArthur Place, and the Irvine Business Complex (IDC) employment centers. The existence of exclusive HOV ramps would improve transit accessibility to Alton Avenue/Parkway; without the project, buses would use Dyer Road, MacArthur Boulevard, or Sunflower Avenue (east ofSR-55). · Bicycle and Pedestrian Impacts: Construction of the Preferred Alternative would generally improve opportunities for bicycle and pedestrian circulation by providing a new location for bicycle and pedestrian crossing of the SR-55. Plans for the overcrossing include painted Class I bicycle lanes and sidewalks adjacent to the roadway east of SR-55. Temporary Impacts (Construction) · Construction activities at SR-55 and on Alton Avenue and Alton Parkway would temporarily affect traffic on these streets and surrounding local streets. Traffic circulation would be temporarily disrupted by trucks and heavy machinery during construction. Construction in Santa Ana along Alton Avenue would result in temporary detours due to the proposed widening of the arterial. Only a small portion of Alton Parkway in Irvine would be affected by construction activities, resulting in temporary detours. Bus routes in the project area may be temporarily affected by construction activities. Temporary detours may be necessary during construction on both Alton Parkway and Alton Avenue. Mitigation: Traffic mitigation measures are identified for intersections that would experience more congestion because of the project. These mitigation measures will increase capacity at the intersections so that the LOS can be improved to a level at which the project would not create a significant adverse impact. Because the LOS analysis is a capacity-based analysis, the mitigation measures involve physical improvements that enhance intersection capacity. These improvements include intersection approach widening to accommodate additional turn and through lanes. Implementation of the Preferred Alternative with mitigation measures would improve or maintain the same LOS for intersections that would have unacceptable LOS under the No Build Alternative. Under the No Build Alternative, the intersections that would have unacceptable LOS are; · Dyer Road/Main Street: LOS E (AM) and F (PM) · Halladay Street/Dyer Road: LOS F (AM) · Red Hill Avenue/Alton Parkway: LOS F (PM) Alton Avenue Overcrossing at SR-55 K-26 April July 2005 55C-44 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) Under the Build Alternative with mitigation measures, these intersections would have the following LOS: . Dyer Road/Main Street: LOS E (AM) and E (PM) . Halladay Street/Dyer Road: LOS E (AM) . Red Hill Avenue/Alton Parkway: LOS E (PM) In addition to the traffic mitigation measures identified below, the City will develop a Traffic Management Plan prior to construction in order to permit the greatest access to parcels in the affected area and the least disruption of traffic. Access to all businesses that are not being displaced would be maintained during business and delivery hours. The City shall implement the following mitigation measures: TRA-1 Intersection Of Dyer Road And Main Street . Phase 1 Mitigation: Main Street shall be restriped to provide an additional left- turn lane on the northbound and southbound approaches to Dyer Road. . Phase 2 Mitigation: Dyer Road shall be restriped to add a right-turn lane on the westbound approach to Main Street. TRA-2 TRA-3 Intersection Of Halladay Street And Dyer Road . Phase 1 Mitigation: Halladay Street shall be restriped to provide an additional left-turn lane on the northbound approach to Dyer Road, and right-turn lane shall be added to Dyer Road on the eastbound approach to Halladay Street. . Phase 2 Mitigation: No additional mitigation in Phase 2. Intersection Of Halladay Street And Alton Avenue . Phase 1 Mitigation: The intersection shall be signalized. Halladay Street shall be widened to provide a total of two left-turn lanes and one right-turn lane on its southbound approach to Alton Avenue. . Phase 2 Mitigation: No additional mitigation in Phase 2. Intersection Of Red Hill Avenue And Alton Parkway . Phase 1 Mitigation: Alton Parkway shall be restriped to convert the right-turn lane into a through/right-turn lane on the westbound approach to Red Hill Avenue. . Phase 2 Mitigation: No additional mitigation in Phase 2. The proposed project would be implemented in two phases. The overcrossing would be constructed in the initial phase of construction, along with the improvement of Alton Avenue to secondary arterial standards to address the current deficiencies in local circulation. The freeway widening and the HOV direct-access drop ramps could be added as a second phase of construction. The relocation of two sections of Pullman Street, the widening of Dyer Road undercrossing, modification of the MacArthur Boulevard ramps, and relocation of the Lane Channel would also occur in the second phase. Because the project is proposed to be constructed in two phases, the mitigation will also be implemented in phases, corresponding to the impacts caused by the construction included in each phase. TRA-4 With Mitigation the Effects are Found to be: ( ) Significant (x) Not Significant Alton Avenue Overcrossing at SR-55 K-27 April July 2005 55C-45 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) Finding: 1. (x) Changes or alterations have been required in, or incorporated into, the project, which avoid the significant environmental effect. (Subd. [a][l].) 2. () Such changes or alterations are within the responsibility 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. (Subd. [a] [2].) 3. ( ) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR/EA (Subd. [a][3].) Rationale: Implementation of these mitigation measures will reduce impacts to traffic to levels less than significant. Although the implementation of the Preferred Alternative with mitigation measures would not improve LOS to acceptable levels at Dyer Road/Main Street, Halladay Street/Dyer Road, and Red Hill Avenue/Alton Parkway, the deterioration of LOS at these intersections would not be caused by the proposed project. The traffic analysis described in Section 4.13 of the FEIR/EA shows that, without the project, LOS would also be unacceptable at these intersections. The Preferred Alternative would either improve or maintain LOS at these intersections. No further mitigation is required. Reference: The discussion on setting, impacts, and mitigation related to Traffic and Transportation/Pedestrian and Bicycle Facilities are included in Section 4.13 of the FEIR/EA prepared for the Alton Avenue Overcrossing at SR-55. 7.10 VISUAL/AESTHETICS Potentially Significant Effects Permanent Impacts · East of SR-55 on Alton Parkway, removal of vegetation within the existing Alton right-of- way would decrease the visual unity of views of SR-55. · On Alton Avenue, west of SR-55, views would improve in newly constructed areas as a result of increased setbacks and uniform landscaping. · Views within the area would also improve with removal of on-street parking. · Views from SR-55 would improve slightly through the introduction of the overcrossing structure as a unifying element and use of a consistent plant palette to solidify the improvements. Temporary Impacts (Construction) · Temporary construction impacts would include views of construction staging areas, demolition and grading activities resulting in loss of vegetation and/or existing structures, falsework associated with the overcrossing, and framework associated with retaining walls included as part of the proposed improvements. Alton Avenue Overcrossing at SR-55 K-28 April July 2005 55C-46 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) Mitigation: The elements of the proposed proj ect will utilize types of aesthetic treatment which are similar to the immediate project vicinity in order to promote the continuation of aesthetics along the SR-55 corridor. The City shall implement the following mitigation measures in order to reduce visual impacts and improve visual quality: VIS-1 VIS-2 VIS-3 East of SR-55, revegetation and landscaping of remaining setback areas shall be implemented as mitigation to restore visual quality. Mitigation shall include planting vegetation on slopes adjacent to the overcrossing structure to blend in the structure and increase visual unity. The implementation of this mitigation would restore the moderately high visual quality of this urban industrial area. As much as possible, existing landscaping within the state right-of-way shall be preserved. West of SR-55, areas affected by right-of-way acquisition shall be reconstructed to include newly landscaped setbacks. These modifications would increase visual unity in these areas, beneficially affecting the visual quality of the street. It is recommended that similar landscape pallets for individually owned and maintained setbacks be incorporated to improve the quality of the streetscape. Similar sizes, colors, and textures of vegetation should be used in similar patterns to promote visual unity. With Mitigation the Effects are Found to be: ( ) Significant (x) Not Significant Finding: 1. (x) Changes or alterations have been required in, or incorporated into, the project, which avoid the significant environmental effect. (Subd. [a][l].) 2. () Such changes or alterations are within the responsibility 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. (Subd. [a][2].) 3. () Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR/EA (Subd. [a][3].) Rationale: Implementation of these mitigation measures will reduce impacts to visual and aesthetic resources to levels less than significant by ensuring that construction of the overcrossing be accompanied by implementation of landscaping; therefore improving the visual quality and unity of the proposed project area. No further mitigation is required. Reference: The discussion on setting, impacts, and mitigation related to Visual/Aesthetic Resources are included in Section 4.14 of the FEIR/EA prepared for the Alton Avenue Overcrossing at SR-55. Alton Avenue Overcrossing at SR-55 K-29 April July 2005 55C-47 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) 7.11 CULTURAL RESOURCES Potentially Significant Effects Permanent Impacts . There were no archaeological, historic or cultural resources found within the Area of Potential Effects (APE) that were eligible for listing in the National Register of Historic Places (NRHP) or the California Inventory of Historic Resources, as documented in the Historic Property Survey Report (HPSR): Negative Findings. The survey involved evaluation of archaeological resources, bridges, and architectural structures, as well as coordination with Native American institutions. Temporary Impacts (Construction) . No known impacts, direct or indirect, on cultural resources would result from the construction of the Preferred Alternative. However, as in all construction requiring grading and demolition, there is the potential to discover unrecorded archaeological artifacts. If undocumented and unknown archaeological resources are unearthed during construction, Caltrans policy states that work must be halted in the vicinity of the find until a qualified archaeologist can assess its significance. Mitigation: Mitigation is not required unless undocumented or unknown archaeological resources are unearthed during construction. If any undocumented or unknown archaeological resources are unearthed during construction, the City shall implement the following mitigation measure: CUL-1 Any archaeological resources encountered must be evaluated by a qualified archaeologist for eligibility for the NRHP or the California Register of Historic Places (CRHP). If such resources are determined eligible, they must be preserved or a data recovery program must be developed and implemented. With Mitigation the Effects are Found to be: ( ) Significant (x) Not Significant Finding: 1. (x) Changes or alterations have been required in, or incorporated into, the project, which avoid the significant environmental effect. (Subd. [a] [1].) 2. ( ) Such changes or alterations are within the responsibility 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. (Subd. [a][2].) 3. ( ) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR/EA (Subd. [a][3].) Alton Avenue Overcrossing at SR-55 K-30 April July 2005 55C-48 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) Rationale: Implementation of this mitigation measure will reduce impacts to cultural resources to levels less than significant by ensuring that any cultural resources unearthed during construction are preserved and analyzed by a qualified archaeologist for eligibility for the NRHP or the CRHP. No further mitigation is required. Reference: The discussion on setting, impacts, and mitigation related to Cultural Resources are included in Section 4.15 ofthe FEIR/EA prepared for the Alton Avenue Overcrossing at SR-55. 7.12 CUMULATIVE IMPACTS Potential cumulative environmental impacts that may occur as a result of the Preferred Alternative and other foreseeable projects include impacts to traffic and circulation, parking, air quality, noise, hazardous waste, socioeconomics, hydrology, water quality, and floodplains. Section 7.0 of the FEIR/EA discusses the rationale for concluding that each incremental effect on each of these environmental categories would be less than cumulatively considerable and therefore, is not a significant cumulative impact. Issues related to geology, soils, seismicity, archaeology, historic architecture and resources, land use, public services, utilities, visual quality and aesthetics, biology, and energy were determined to have insignificant impacts and were not considered in the cumulative analysis. Alton Avenue Overcrossing at SR-55 K-31 April July 2005 55C-49 Draft Findings ofF act and Mitigation Monitoring Reporting Program (applies to CEQA only) 8.0 FINDINGS REGARDING PROJECT ALTERNATIVES Pursuant to Section 15126 of the State CEQA Guidelines, an EIR must address: "... a range of reasonable alternatives to the project, or to the location of the project, which would reasonably attain most of the basic objectives of the project but would avoid any of the significant effects of the project, and evaluate the comparative merits of the alternatives." As identified in the FEIR/EA, prior to the identification of the Preferred Alternative, a total of five project build alternatives and a no action project alternative had been considered during the Project Study Report (PSR) and early environmental review phase of this project. Through subsequent and continuing meetings with the Cities of Santa Ana and Irvine, Caltrans, and FHW A, only two alternatives were carried forward into the Project Report/Environmental Document (PRIED) phase: the No Action Alternative and the Preferred Alternative - Construct Alton Avenue Overcrossing and HOV Drop Ramps, and Spot Widen Alton Avenue to Secondary Arterial Standards (Preferred Alternative). Other alternatives considered but rejected during either the feasibility study, the scoping process, or later analysis include: . Alternative 3 - Construct Alton Overcrossing and HOV Ramps, Widen Alton Avenue to Primary Arterial Standards on the North Side. . Alternative 4 - Construct Alton Overcrossing and HOV Ramps, Widen Alton Avenue to Primary Arterial Standards on the South Side. . Alternative 5 - Construct Alton Overcrossing and HOV Ramps, Widen Alton Avenue to Primary Arterial Standards on North and South Sides. . Alternative 6 - Construct Alton Avenue Undercrossing and HOV Ramps, Widen Alton Avenue to Primary Arterial Standards on North and South Sides. Alternatives 3 through 6 were withdrawn from further consideration earlier in the planning stage, prior to the FEIR/EA. These alternatives were determined to be either infeasible or cost prohibitive, and they failed to meet one or all of the following project objectives: . Provide an additional roadway crossing of SR-55 linking the Cities of Santa Ana and Irvine. . Provide an additional HOV access at Alton Avenue as identified by OCT A in the Orange eounty Transitway eoncept Design Study, the ealtrans Route eoncept Report for SR-55, the 2002 State Transportation Improvement Plan, the 2002 Regional Transportation Improvement Plan (RTIP), and the 2001 Regional Transportation Program (RTP). . Minimize the amount of property acquisitions, acquisition costs, and right-of-way impacts to existing businesses along Alton Avenue. . Minimize disruption to freeway traffic on SR-55 during construction. . Allow maximum flexibility for phased construction over time as demand warrants and availability of funding. . Minimize disturbances to existing and potential contaminant sources from businesses along or adjacent to Alton Avenue. Alton Avenue Overcrossing at SR-55 K-32 April July 2005 55C-50 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) 9.0 STATEMENT OF OVERRIDING CONSIDERATIONS In cases in which significant impacts are not at least "substantially mitigated," the lead agency, after adopting the findings, may approve the project if it first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the project's "benefits" rendered "acceptable" its "unavoidable adverse environmental effects." (State eEQA Guidelines, SS 15093, 15043, subd. [b].) The California Supreme Court has stated that, "[t]he wisdom of approving. . . any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced." (Goleta II, 52 Ca1.3d 553, 576 [276 Ca1.Rptr.401].) Only after fully complying with the findings requirement can an agency adopt a statement of overriding considerations. (eitizens for Quality Growth v. eity of Mount Shasta (1988) 198 Cal.App.3d 433,442,445 [243 Cal. Rptr. 727].) The proposed project does not require a Statement of Overriding Considerations because proposed mitigation measures would reduce potential impacts to less than significant and there would be no unavoidable adverse impacts resulting from the proposed project. Alton Avenue Overcrossing at SR-55 K-33 April July 2005 55C-51 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) 10.0 INDEPENDENT REVIEW AND ANALYSIS Under CEQA, the lead agency must (1) independently review and analyze the EIR, (2) circulate draft documents that reflect its independent judgment; and (3) as part of the certification of the FEIR, find that the report or declaration reflects the independent judgment of the lead agency. (Public Resources Code, S 21082.1, subd. [c].) The City of Santa Ana circulated the draft document and independently reviewed and analyzed the FEIR. With the adoption of these findings, the City of Santa Ana finds that the FEIR reflects its independent judgment. Alton Avenue Overcrossing at SR-55 K-34 April July 2005 55C-52 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) 11.0 LIST OF ACRONYMS APE BMPs BNSF Caltrans CARB CEQA CO dBA EB EIR EIR/EA EPA FEIR/EA FHWA Fidelity GEN HOV HPSR IDC ISA Leq LOS LQG NAAQS NAC NB NEPA NFRAP NOz NOx NRHP OCFCD Area of Potential Effects Best Management Practices Burlington Northern and Santa Fe railroad California Department of Transportation California Air Resources Board California Environmental Quality Act carbon monoxide A-weighted decibel Eastbound Environmental Impact Report Environmental Impact Report/Environmental Assessment Environmental Protection Agency Final Environmental Impact Report/Environmental Assessment Federal Highway Administration Fidelity Information Systems Generator high-occupancy - vehi c Ie Historic Property Survey Report Irvine Business Complex Initial Site Assessment Equivalent sound level Level of Service large quantity generators National Ambient Air Quality Standards Noise Abatement Criteria Northbound National Environmental Policy Act No Further Remedial Action Planned nitrogen dioxide nitrogen oxide National Register of Historic Places Orange County Flood Control District Alton Avenue Overcrossing at SR-55 K-35 55C-53 April July 2005 Draft Findings of Fact and Mitigation Monitoring Reporting Program (applies to CEQA only) OCTA PBQ&D PM PMIO and PMz.5 ppm PS&E RCRA RTIP RTP RWQCB SARWQCB SB SCAG SIP SOz SQG SR-55 STIP SWPPP TASAS UST V/C VIOL WB Orange County Transportation Authority Parsons, Brinckerhoff, Quade, and Douglas afternoon particulate matter parts per million Plans, Specifications and Estimates Resources Conservation and Recovery Act Regional Transportation Improvement Plan Regional Transportation Plan California Regional Water Quality Control Board Santa Ana Regional Water Quality Control Board Southbound Southern California Association of Governments State Implementation Plan sulfur dioxide small-quantity generators State Route 55 State Transportation Improvement Program Storm Water Pollution Prevention Plan Traffic Accident Surveillance and Analysis System Underground storage tank Volume/capacity violators Westbound Alton Avenue Overcrossing at SR-55 K-36 April July 2005 55C-54 APPENDIX A MITIGATION MONITORING AND REPORTING PROGRAM 55C-55 55C-56