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HomeMy WebLinkAbout75B - PH - RESO FOR EIR WARNER AVE WIDENCITY COUNCIL MEETING DATE, SEPTEMBER 1, 2015 r • / y„ Now CLERK OF COUNCIL USE ONLY; APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Bearing For CONTINUED TO FILE NUMBER 1, Adopt a resolution approving the Final Environmental Impact Report for Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue. 1 Adopt the Findings and Statement of Overriding Considerations for the Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue. 3. Adopt the Mitigation Monitoring and Reporting Program for the Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue, 4. Approve the Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue DISCUSSION This action will complete the environmental phase of the Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue (Exhibit 1). The approval of the Final Environmental Impact Report (FEIR) (Exhibit 2) will allow the City to pursue funding to complete right -of -way work in preparation for the construction phase of the project, Pending approval of the FEIR, staff will seek Measure M2 Competitive funding in the upcoming call for projects that is tentatively scheduled for October 2015, Warner Avenue is a regionally significant arterial roadway providing east -west travel through the City, The existing conditions between Main Street and Grand Avenue have several unsafe features, including uncontrolled left turns, insufficient access to standards pursuant to the Americans with Disabilities Act (ADA), and no bike lanes, There Is also substantial congestion during peak perlods, and the level of service will worsen as traffic volumes increase as a result of the Tustin Legacy project and other factors, The City is proposing to Improve Warner Avenue from Maln Street to Grand Avenue by adding sidewalks, bike lanes, undergrounding utilities; and widening the roadway from existing four lanes to six lanes. In addition to the on- street dedicated bike lanes (Class 11) and ADA- oompliant sidewalks, the proposal also includes a raised landscape median and a landscaped parkway buffer, both with drought tolerant plants, 75B -1 Resolution to adopt Final EIR for Warner Avenue Improvements Main Street to Grand Avenue September 1, 2015 Page 2 The project is consistent with the designation of Warner Avenue as a major arterial in the City's adopted General Plan Circulation Element and in Orange County's Master Plan of Arterial Highways. It is also supported by the updated draft Circulation Element, which will serve as the basis for the new General Plan Circulation Element to be adopted early 2015. The environmental and engineering effort for the Warner improvements originated as a mitigation measure for the Tustin Legacy project, which involves the redevelopment of the former Tustin Marine Corps Air Station as a mixed -use commercial, residential, and industrial project, As a mitigation measure, the City of Tustin agreed to partially fund the Improvements on Warner Avenue between Main Street and Grand Avenue, Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy S (maintain existing streets and associated assets in a state of good repair) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plan), gNYl00NMENTA6 IMPA The FEIR addresses the environmental effects associated with the implementation of the proposed Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue, The California Environmental Quality Act (CEQA) requires that local government agencies, prior to taking action on projects over which they have discretionary approval authority, consider the environmental consequences to support informed decision making. The CEQA Guidelines (Section 1 5'126Iaj) state that an EIR must address "a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project, but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives," The alternatives considered for this project were based, in part, on their potential ability to reduce or eliminate the impacts determined to be significant and unavoidable, even after implementation of all feasible mitigation measures, Project Alternatives Considered: • No Project • 100' Widening Alternative • 120' North Widening Alternative • 120' Center Widening Alternative • 120' South Widening Alternative • Revised Construction Alternative • 110' North Widening Alternative (proposed projeoo • 110' Center Widening Alternative • 110' South Widening Alternative Eleven environmental topics were identified as potentially significant and are fully analyzed in this FEIR, • Air Quality • Land Use and Planning • Cultural Resources • Noise • Geology and Solis • Population and Housing • Greenhouse Gas Emissions • Transportation and Traffic • Hazards and Hazardous Materials • Utilities and Service Systems • Hydrology and Water Quality 75B -2 Resolution to adopt Final EIR for Warner Avenue Improvements Main Street to Grand Avenue September 1, 2015 Rage 3 Two significant unavoidable environmental Impacts were Identified: 1. Nolse during construction 2. Traffic Impacts during construction Public comment totals during the Draft EIR (DEIR) review period are as follows: • Written Comments: • Agencies:6 • Organizations:2 • Individuals :7 • Verbal Comments: • DEIR Meeting #1: 16 Individuals • DEIR Meeting #2:12 Individuals Comments generally fell into the following categories: •. Reduction in residential Impacts • Property acquisition and relocation process • Traffic impacts to local neighborhood streets • Existing safety concerns throughout corridor Written responses to these comments were provided in the FEIR. The FEIR includes all written and oral comments received during the public review period as well as the City's responses. Comments received from the public and from the public agencies did not require any new analysis or result In major changes in the FEIR, The Findings and Facts in support of Findings, and Statement of Overriding Considerations for the Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue Project (State Clearinghouse No. 2012101004), summarizes the evidence relied upon by the City in making these findings. This evidence is drawn from the Notice of Preparation documents; the comments and responses to comments on the DEIR and FEIR; 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 will be adopted along with the proposed resolution (Exhibit 3). Staff and the consultant team recommend certifying the FEIR, adopting the 110' North Widening Alternative as the Warner Avenue Improvements and Widening Project, and approving the project by adopting the proposed resolution in accordance with the CEQA requirements. To Increase stakeholder involvement and awareness of the project, the City exceeded the CEQA mandated public hearing requirements and held several public meetings to discuss project benefits and the Draft Environmental Impact Report (DEIR): • May 22, 2012 • June 12, 2012 • July 10, 2012 • October 18, 2012 • February 3, 2015 • February 7, 2015 Open House Meeting 1 Presentation to South Main Business Association Open House Meeting 2 EIR Scoping Meeting DEIR Public Comments Meeting DEIR Public Comments Meeting 75B -3 Resolution to adopt Final EIR for Warner Avenue Improvements Main Street to Grand Avenue September 1, 2015 Page 4 The DEIR was released on January 12, 2015, for a 45 -day public comment period ending on February 26, 2015. • 1,450 Notice of Availability flyers were prepared and sent to all properties within 500 feet of the project (multi - residential and single -unit properties, including the owner and tenant of each property), as well as to key stakeholders who had previously participated in the environmental process. The notices provided details of the two scheduled meetings in English and Spanish, * Staff placed the Notice of Availability on the doorknobs of all properties immediately adjacent to Warner Avenue between Main Street and Grand Avenue to ensure residents were aware of the upcoming Draft SIR meetings. Staff also placed notices on the doors of Individual units in two apartment complexes within 500 feet of the project. * At the start of the 46 -day review period, a press release was sent out via Nixie, the Orange County Register, and the Excelsior Newspaper, * Information was placed prominently on the Public Works Page of the City's website, eliciting over 1,500 views since the start of the 45 -day review period. • To encourage attendance, staff contacted key stakeholders, groups, and neighborhood leaders (including those located outside of the 500 -foot notification radius, such as the Memorial Park and Delhi neighborhoods), and sent out an a -news release to several neighborhood leaders in advance of the meetings. • A copy of the Warner Avenue Improvement and Widening Project DEIR was made available at five locations for public review: City Hall Public Works Counter, City Clerk's Office, Main Public Library, Delhi Community Center, and a digital copy on the City's website. • The public meetings mentioned above were held at Manuel Esqueda Elementary School, located at the west end of the project, Information, interpretation, and translation services were provided in English and Spanish. • Notice of the public meetings and calls for public comment were also promoted on the City's social media channels several times throughout the 45-day review period. • To encourage input, flyers concerning the 45-day review period and calls for comments were also distributed as handouts at neighborhood meetings prior to and during the 45 -day review period. • Three on-site meetings were conducted with Cherry Aerospace to discuss potential Impacts to their site and operations. Subsequent to the 45 -day DEIR public comment period, staff engaged in further outreach to Inform the public about the project and its benefits to the community. The Impacts associated with right -of -way acquisition and potential relocation; the rights of those Impacted; and the available resources were also discussed, • April 8, 2015 Presentation to Santa Ana Active Streets Coalition (SAAS) and Equity for All • April 29, 2015 Q&A Session with Delhi Neighborhood • May 21, 2015 Presentation to Delhi Neighborhood Association • June 18, 2015 Presentation to Delhi Neighborhood Association • July 28, 2015 Presentation to Delhi Neighborhood Association • Ongoing Individual meetings (explained below) 75B -4 Resolution to adopt Final EIR for Warner Avenue Improvements Main Street to Grand Avenue September 1, 2015 Page 5 In addition to the aforementioned public meetings, the City offered individual meetings to interested parties and has been In contact with commercial properties within the project limit, including but not limited to Wells Fargo and the Rrookhollow office complex. Furthermore, staff has called or visited the residential properties identified as a full or partial acquisition in the EIR and offered to meet individually with the owners and tenants, Forty -two property owners /tenants were contacted, of which 24 accepted the offer and 19 opted not to receive further information. The meetings focused on the property acquisition and relocation process, but questions were answered regarding anything pertaining to the proposed project, Additional meetings have been scheduled for September; however, City staff will continue to meet with any interested parties until the project Is completed, FISCAL IMPACT There Is no fiscal impact associated with this specific action. Executive Director Public Works Agency FMIEWGIKN Exhibits: 1. Location Map 2. Final Environmental Impact Report: http: / /www ci santa -ana ca us /pwa /documents /DEIRLinkPaae revlslons8 19 2015 odf 3. Resolution a. Findings of Facts / Statement of Overriding Conditions b, Mitigation Monitoring and Reporting Program 75B -5 • J w Z D�HI PAPoC a a cc w zELEMMEP�IPAFiY a ., C LEGEND ®MA 7/ EEI PROJECT AREA // 1 EXHIBIT 1 SANTA ANA PUBLIC HEARING - RESOLUTION MIR111,1111111 NDA TAGE DAE: FOR THE WARNER AVENUE IMPROVEMENTS mu FINAL ENVIRONMENTAL IMPACT REPORT SEPT. 1, 2015 AND WIDENING PROJECT ON WARNER AVE PUBLIC WORKS AGENCY BETWEEN MAIN STAND GRAND AVE PAGE 1 OF 1 75B -6 EXHIBIT 2 Final Environmental Impact Report at: http : / /www.ci.santa- ana.ca.us /pwa /documents /DEIRLinkPage revisions8 19 2015.pdf 75B -7 Jxs 08/10/15 RESOLUTION NO.2015 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT (SCH # 2012101004), PERTAINING TO THE WARNER AVENUE IMPROVEMENT AND WIDENING PROJECT BETWEEN MAIN STREET AND GRAND AVENUE 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. In compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.) and Title XIV, California Code of Regulations, Section 15000 et. seq. (CEQA Guidelines), the City of Santa Ana has prepared an Environmental Impact Report (EIR) to analyze the environmental impacts associated with the implementation of the proposed Warner Avenue Improvement and Widening from Main Street to Grand Avenue. B. CEQA also requires that when a Draft EIR is submitted to the State Clearinghouse for review by state agencies, the public be given an opportunity to review and comment on the Draft EIR for a period of not less than 45 days. In accordance with this requirement the Draft EIR began its 45 -day public review and comment period on January 12, 2015, with the review period ending on February 26, 2015. C. In response to written comments received, the City provided formal Response to Comments and EIR clarification or revision. In addition to fulfilling CEQA's requirement for public review, the City conducted two public meetings on February 3 and 7, 2015 in order to allow the public to provide oral testimony on the Draft EIR. D. The City received a total of 15 written comments and 28 verbal comments and evaluated all comments received from the persons or agencies that reviewed the Draft EIR. The City provided written responses to all agencies and members of the public commenting on the Draft EIR at least ten days prior to certification of the EIR. E. The Draft EIR, comments and recommendations received on the Draft EIR, Responses to Comments, and revisions made to the Draft EIR in response to those comments constitute the Final EIR. F. An extensive public outreach campaign was conducted throughout the project to provide opportunities for all stakeholders to play a meaningful role in the development of the plan. Beginning in May of 2012 with an Resolution No. 2015 -xxx Page 1 of 6 75B -8 informational open house and ending in July 23, 2015. There have been a total of 11 community meetings. G. The City Council of the City of Santa Ana held a duly noticed public hearing on the above said actions for the Warner Avenue Improvement and Widening Project from Main Street to Grand Avenue on September 1, 2015, and at that time considered all testimony, written and oral. H. The City Council also adopts as findings all facts presented in the Request for Council Action dated September 1, 2015 accompanying this matter. I. The City has prepared Findings of Fact in compliance with Public Resources Code Sections 21081 and 21081.5 and CEQA Guidelines Section 15091 for every significant impact of the Warner Avenue Improvement and Widening Project from Main Street to Grand Avenue, including an explanation of the rationale for each finding. J. While the Draft EIR determined that most potential impacts could be mitigated to a less than significant level, it did find that implementation of the Warner Avenue Improvement and Widening Project from Main Street to Grand Avenue would result in significant and unavoidable impacts related to Noise during construction as well as Traffic Impacts during construction. K. The City has prepared a Statement of Overriding Considerations in compliance with Public Resources Code Sections 21081 and CEQA Guidelines Section 15093, which finds that specific economic, legal, social, technological or other benefits of the Warner Avenue Improvement and Widening Project from Main Street to Grand Avenue outweigh the significant and unavoidable impacts identified in the EIR. L. The City has prepared a Mitigation Monitoring and Reporting Program in compliance with Public Resources Code Sections 21081.6 and CEQA Guidelines Section 15097 to ensure compliance with the mitigation measures identified in the EIR during project implementation and operation. Section 2. The City Council of the City of Santa Ana further finds, determines and declares as follows: A. The City Council certifies that: 1) The Final EIR has been completed in compliance with CEQA. 2) The Final EIR was presented to the City Council of the City of Santa Ana, which reviewed and considered the information contained in the Final EIR prior to approving the project, and is incorporated herein by this reference as though set forth in full herein. 3) The Final EIR reflects the City of Santa Ana's independent judgment and analysis. Resolution No, 2015 -xxx Page 2 of 6 75B -9 B. The City Council adopts the Findings of Fact and Statement of Overriding Considerations, attached to this Resolution as "Exhibit A" and incorporated herein by this reference as though set forth in full herein. C. The City Council adopts the Mitigation Monitoring and Reporting Program, attached to this Resolution as "Exhibit B" and incorporated herein by this reference as though set forth in full herein. D. All attached documents, including the Mitigation Monitoring and Reporting Program, the CEQA Findings of Fact and the Statement of Overriding Considerations, are hereby incorporated by reference as though set forth in full. Section 3. Pursuant to Title XIV, California Code of Regulations (CCR), Section 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the Warner Avenue Improvement and Widening Project from Main Street to Grand Avenue will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The Warner Avenue Improvement and Widening Project from Main Street to Grand Avenue exist in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2) and Title XIV, CCR § 753.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Resolution shall take effect immediately after its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2015 Miguel A. Pulido Mayor Resolution No. 2015 -xxx Page 3 of 6 75B -10 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. NS -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75B -11 Resolution No. 2015 -xxx Page 4 of 6 Exhibit "A" Resolution No. 2015 -xxx Page 5 of 6 75B -12 CEQA FINDINGS OF FACT WARNER AVENUE IMPROVEMENTS AND WIDENING FROM MAIN STREET TO GRAND AVENUE FINAL ENVIRONMENTAL IMPACT REPORT STATE CLEARINGHOUSE NO. 2012101004 Exhibit A INTRODUCTION The California Environmental Quality Act (CEQA) requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report (EIR) prior to approval of the project (Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code). This document provides the findings required by CEQA and the specific reasons for considering the project acceptable even though the project has significant impacts that are infeasible to mitigate. The lead agency is responsible for the adequacy and objectivity of the EIR. The City of Santa Ana, as lead agency, has subjected the Draft EIR and Final EIR to its own review and analysis. The City of Santa Ana City Council certifies that the Draft EIR, Final EIR, and Findings of Fact reflect the independent judgment of the City. A. FINDINGS OF FACT The City of Santa Ana, as lead agency, is required under CEQA to make written findings concerning each alternative and each significant environmental impact identified in the Draft EIR and Final EIR. CEQA Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an FIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes 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. 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. 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. CEQA Findings of Fact - 1 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -13 (b) The findings required by subsection (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency malting the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section. The "changes or alterations" referred to in Section 15091(a)(1) may include a wide variety of measures or actions, as set forth in Guidelines Section 15370, including: (a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments. B. ENVIRONMENTAL REVIEW PROCESS The Final EIR includes the Draft EIR dated January 12, 2015, written comments on the Draft EIR that were received during the public review period, and written responses to those comments and changes to the Draft FIR, and revisions to the Draft FIR based on agency comments (hereinafter referred to collectively as the Final EIR). In conformance with CEQA and the State CEQA Guidelines, the City conducted an extensive environmental review of the proposed project. The environmental review process has included: CEQA Findings of Fact -2- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -14 Completion of an Initial Study (IS) and Notice of Preparation (NOP), which concluded that an EIR would be prepared. The NOP was released for a 30 -day public review period from October 1, 2012, to October 30, 2012. The NOP was posted at the Orange County Clerk- Recorder's office on October 1, 2012. Copies of the IS were made available for public review at Santa Ana City Hall, Santa Ana Public Works Agency office, and Santa Ana Main Library. During the scoping process, the public was invited by the City to participate in a scoping meeting held on October 18, 2012, at the Manuel Esqueda Elementary School Multipurpose Room. The notice of a public scoping meeting was included in the NOP. The Draft EIR was made available for a 45 -day public review period from January 12, 2015, to February 26, 2015. The Draft EIR analyzed impacts to air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use, noise, population and housing, transportation and traffic, and utilities and service systems. The Draft EIR analysis identified that the proposed project would result in significant environmental impacts related to noise and traffic during construction. All other CEQA - related environmental impacts were found to be less than significant with mitigation measures incorporated. The Notice of Availability for the Draft EIR (NOA) and the Draft EIR were sent to agencies, organizations and interested persons, and to the Governor's Office of Planning and Research, State Clearinghouse for distribution to state agencies. The NOA was posted at the Orange County Clerk- Recorder's office on January 8, 2015 and. Copies of the NOA and Draft EIR were made available for public review at the Santa Ana City Clerk's Office, Santa Ana Publics Works Agency, Santa Ana Main Library, and the Delhi Center. NOA was mailed to over 1,400 addresses; hand delivered to all properties adjacent to Warner Avenue between Main Street and Grand Avenue, including individual units in two apartment complexes within 500 feet of the project; published in Orange County Register and the Excelsior newspapers. The City held over 35 meetings relating to the Warner Avenue hprovements and Widening Project. The meetings covered and gathered feedback on various topics including project benefits, the EIR, and the property acquisition /relocation process.. The City has exceeded its obligation for public outreach for this project under the California Environmental Quality Act (CEQA). All public meetings have had a Spanish interpreter; and certain documents, such as the right -of -way process and meeting notices, have been translated to Spanish. Additionally, Spanish & Vietnamese translation was offered at each individual meeting. The Final EIR included the Draft EIR written comments, verbal comments from two Draft EIR public meetings, responses to all comments, and revisions to the Draft EIR. The Final EIR was released for a 10 -day agency review period prior to certification of the Final EIR. Public hearing will be held for the proposed project: City Council on September 1, 2015. C. RECORD OF PROCEEDINGS For purposes of CEQA and these Findings, the record of proceedings for the proposed project consists of the following documents and other evidence, at a minimum: • The NOP, NOA, and all other public notices issued by the City in conjunction with the proposed project. CEQA Findings of Fact -3- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -15 • The Final EIR, which includes the Draft EIR, for the proposed project. • All written and verbal comments from the Draft EIR public meeting by agencies, organizations, and interested parties during the Draft EIR public review comment period. • All responses to Draft FIR written and recorded verbal comments. The mitigation monitoring and reporting program. • The reports, studies, and technical memoranda included or referenced in the Final EIR. • All documents, studies, EIRs, or other materials incorporated by reference in the Final EIR. • The resolutions adopted by the City in connection with the proposed project, and all documents incorporated by reference therein. • Matters of common knowledge to the City, including but not limited to federal, state, and local laws and regulations. • Any documents expressly cited in these Findings. • Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e). D. CUSTODIAN AND LOCATION OF RECORDS The documents and other material that constitute the record of proceedings on which these findings are based, are located at the City of Santa Ana Public Works Office, City Hall, 20 Civic Center Plaza, 3`d Floor, Santa Ana, CA 92701. The custodian for these documents is the City of Santa Ana. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code of Regulations Section 15091(e). E. PROJECT SUMMARY The proposed project entails the improvements and widening of Warner Avenue from Main Street to Grand Avenue to a total of six lanes (three lanes in each direction) with related improvements such as raised landscaped medians and parkway, wider sidewalks, dedicated bike lanes, increased storm drain size, bus locations, and the undergrounding of existing utilities along the project segment (see table below). Proiect Cross - Section Detail CEQA Findings of Fact -4- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -16 Existing Conditions Proposed Project Travel lanes 4 6 Lane width 10 to 12 feet 11 -foot Raised median none 14 -foot Bike lanes none 5 -foot Sidewalk & Parkway 4 to 10 feet 10 -foot Total ROW 70 to 120 feet 110 feet CEQA Findings of Fact -4- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -16 To implement the road improvements and widening, acquisition of public and private properties cannot be avoided. As proposed (based on assessor parcel numbers, APNs), 30 full parcels and 8 partial parcels would require acquisition along the north side of Warner Avenue from Main Street to Standard Avenue. On the south side of Warner Avenue, 5 full parcels and 19 partial parcels would require acquisition between Main Street and Brookhollow Drive. The City would comply with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the State of California Relocation Guidelines under Title 25, Division 1, Chapter 6, of the California Code of Regulations. A specific relocation plan would be prepared, and all displaced persons would be contacted by a relocation agent, who is responsible for ensuring that displaced persons receive full relocation benefits, including advisory assistance, and that all activities are conducted in accordance with federal and state regulations. F. PROJECT OBJECTIVES • Design and construct Warner Avenue to be consistent with the City's General Plan Circulation Element and County of Orange Master Plan of Arterial Highways (MPAH) designation as a major arterial. • Alleviate traffic congestion and delays within the Warner Avenue project limits. • Provide roadway capacity to accommodate existing and future traffic volumes. • Increase vehicular safety and reduce accidents by removing left turn hazards. • Comply with the Complete Streets Act by providing safe and accessible travel for bicyclist, pedestrians, and wheelchairs through new bike lanes and wider parkway and sidewalks. • Minimize property acquisition including public facilities. • Improve stormwater drainage and water quality. G. SUMMARY OF ENVIRONMENTAL IMPACTS Based on the Initial Study and Draft FIR, the following is a summary of the environmental topics considered to have no impact, a less than significant impact, a less than significant impact with incorporation of mitigation measures, and a significant and unavoidable impact. No Impact • Agriculture and Forestry Resources • Mineral Resources Less Than Significant Impact • Aesthetics • Biological Resources • Geology and Soils • Greenhouse Gas Emissions CEQA Findings of Fact -5- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -17 • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Population and Housing • Public Services • Recreation • Utilities and Service Systems Less Than Significant Impact with Mitigation Incorporated • Air Quality (Construction) • Cultural Resources (Archaeological) Significant and Unavoidable Impact • Noise (Construction) • Transportation and Traffic (Construction) II. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS A. IMPACTS MITIGATED TO LESS THAN SIGNIFICANT The following summary describes impacts of the proposed project that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the Draft EIR, these impacts would be considered less than significant. Air Quality Impact 5.1 -4 Construction activities associated with the proposed project could expose sensitive receptors to substantial pollutant concentrations of coarse particulate matter (PM10). Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.1 -16 of Section 5. 1, Air Quality, of the Draft EIR. The maximum daily emissions of PM10 generated during demolition and debris - hauling activities would exceed the PMto LST. Consequently, impacts to localized air quality from project - related construction activities would be potentially significant. Mitigation Measure AQ -1 Prior to construction contract award, the City of Santa Ana shall specify in the constriction special provisions that the construction contractor shall include limitations on the amount of roadway debris to be removed from the site. During demolition of the roadway including asphalt, roadbed, curb, gutter, and sidewalks, the contractor shall limit the daily amount of demolition debris haul to a maximum of 38 trucks per day if 12 -ton capacity haul trucks are used, assuming a one -way haul distance of 9 miles. If truck haul distance for roadway debris is greater than 9 miles, CEQA Findings of Fact -6- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 •7 then hauling shall be restricted to no more than 684 miles per day. The demolition debris hauling phase shall not overlap with any other construction phases, including grading. These requirements shall be noted on all construction management plans and verified by the City of Santa Ana during demolition and grading activities. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. Impact 5.1 -4 would be less than significant with mitigation. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Cultural Resources Impact 5.2 -2 Project - related earthwork may result in a substantial adverse change in the significance of an archaeological resource. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.2 -10 of Section 5.2, Cultural Resources, of the Draft EIR. The project would involve ground disturbance up to a depth of about 30 inches. The total area of disturbance for the road widening is estimated as 24.7 acres. Although, the project site is already disturbed and developed, because of the early development in this area, previously undiscovered archaeological resources could be damaged during construction. The possible destruction of archaeological resources is considered a significant impact. Mitigation Measures CUL -1 Prior to the initiation of project - related earthmoving activities, the City of Santa Ana project manager or their designee shall retain a county- certified qualified archaeologist. The archaeologist must have knowledge of both prehistoric and historical archaeology, and shall remain on call in the event of a discovery. CUL -2 Prior to the start of ground- disturbing activities on the project site, the City of Santa Ana project manager or their designee shall ensure that a qualified archaeologist or another mitigation program staff member has conducted cultural resources sensitivity training for all construction workers involved in moving soil or working near soil disturbance. Construction personnel, including heavy - equipment operators, shall be briefed on procedures to be followed in the event that cultural remains are encountered by earthmoving activities. • Preconstruction training shall include: o Review the types of archaeological resources that might be found Review of laws and applicable requirements concerning the protection of cultural resources o Prehistoric or historic cultural resource discovery procedures CEQA Findings of Fact -7- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -19 • The briefing shall be presented to new contractor personnel as necessary • Names and telephone numbers of the monitor and other mitigation program personnel shall be provided to appropriate construction personnel CUL -3 During project - related earthmoving activities, if cultural resources are discovered, a qualified archaeologist shall prepare a cultural resource monitoring plan. The cultural resource monitoring plan shall outline when and for how long monitoring shall occur; where on the site monitoring shall be required; methods of monitoring; types of artifacts anticipated; procedures for temporary stop and redirection of work to permit sampling, identification, and evaluation of possible resources; procedures for additional analysis; and accommodation and procedures for Native American monitors, if any. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. Impact 5.2 -2 would be less than significant with mitigation. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Noise Impact 5.8 -1 Long -term operations due to expansion of Warner Avenue from four to six lanes would expose noise - sensitive land uses to ambient noise levels that exceed the City's noise compatibility criteria. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.8 -13 of Section 5.8, Noise, of the Draft EIR. Widening of Warner Avenue from four to six lanes would require demolition of the first row of structures along the north side of Warner Avenue, thereby exposing the second row receptors along Warner Avenue to roadway noise. In addition, expansion of Warner Avenue would change the lane alignments, resulting in locations where travel lanes would be closer to the nearest buildings. The combination of these two impacts could substantially increase exterior and interior noise levels at the noise - sensitive land uses along Warner Avenue. Mitigation Measure N -1 Prior to final engineering plan approval, when detailed roadway alignment, landscape plans, and elevations are available, a final noise study shall be prepared to identify specific sound wall locations along receptors that would be significantly impacted by the project. With current information significantly affected properties are listed in Table 5.8 -12. Figure 5.8 -2 shows the sound wall locations and heights that would reduce noise impacts to levels below significance. For aesthetic purposes, the City can use the alternative wall location shown on Figure 5.8 -2; however, one of the two wall locations is required to provide sound attenuation to meet City of Santa Ana noise standards. Sound walls shall be solid from the ground to the top with no decorative cutouts and shall weigh at least 3.5 pounds per square foot of face area. The sound walls may be constructed using masonry block, '/a -inch thick glass, or other transparent material with sufficient weight per square foot. The need, location, CEQA Findings of Fact -8- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -20 and height of sound walls /walls shall be determined based on the conclusions of the final acoustical report and the final pad elevations of the grading plan. All walls determined to be necessary for noise mitigation by the final acoustical report shall be incorporated into the final roadway construction plans. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. Impact 5.8 -1 would be less than significant with mitigation. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Impact 5.8 -2 Construction activities would expose sensitive uses to groundborne vibration levels that would be perceptible and potentially cause architectural damage at homes. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.8 -16 of Section 5.8, Noise, of the Draft EIR. Groundborne vibration would be generated by the proposed project during construction activities, primarily during the demolition, grading, and foundation phases. At a distance of 25 feet, vibration levels generated by a vibratory roller would exceed the FTA threshold and would have the potential to cause architectural damage at existing structures. Mitigation Measure N -2 The use of vibratory rollers shall be prohibited within 30 feet of a residential structure. If soil compacting is required within 30 feet of a residential structure, static rollers shall be employed. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. Impact 5.8 -2 would be less than significant with mitigation. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Transportation and Traffic Impact 5.10 -6 Project construction may require additional temporary safety measures to assure safe routes to schools for elementary schools next to the project site. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.10 -28 of Section 5.10, Transportation and Traffic, of the Draft EIR. There are two schools next to the project site: James Monroe Elementary School at 417 East Central Avenue along the south side of Warner Avenue near its intersection with Oak Street; and Manuel Esqueda Elementary School at 2240 South Main Street at the northwest corner of the intersection of Warner Avenue and Main Street. Temporary changes to roadway and intersection configuration during project construction, including changes to crosswalks and pedestrian crossing signals, may require additional, temporary safety measures for students and other CEQA Findings of Fact -9- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -21 pedestrians during project construction. Mitigation Measure T -2 Prior to the beginning of any utility relocation, demolition, or construction work, a detailed construction traffic control plan shall be prepared by a licensed civil engineer. The construction traffic control plan shall be based on the most recent version of the Greenbook: Standard Specifications for Public Works Construction (federal); California Department of Transportation California Manual on Uniform Traffic Control Devices (state); Southern California Chapter of the American Public Works Association Work Area Traffic Control Handbook, and City Standard Provisions (local). The traffic control plan shall include extensive public outreach and public awareness through the use of mailers and notices in local papers and other publications. T -3 The construction traffic control plan required by Mitigation Measure T -2 shall include addition of any needed temporary safety measures to the Safe Routes to Schools plans for James Monroe Elementary School and Manuel Esqueda Elementary School. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. Impact 5.10 -6 would be less than significant with mitigation. The City of Santa Ana hereby finds that implementation of the mitigation measures are feasible, and they are therefore adopted. Impact 5.10 -7 The project could require temporary alterations, including rerouting, of OCTA bus services during project construction; and permanent relocation of the bus stop at Warner Avenue and Standard Avenue for the proposed reconfiguration of the Cherry Aerospace access improvements. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.10 -28 of Section 5.10, Transportation and Traffic, of the Draft EIR. The proposed truck access reconfiguration and concrete access pad for the Cherry Aerospace facility could potentially impact OCTA bus operations at the existing Warner Avenue/Standard Avenue bus stop. Therefore, project constriction could require temporary alteration, which may include rerouting, of OCTA bus routes 53, 55, 72 and 463 serving Warner Avenue between Main Street and Grand Avenue. Construction of the proposed truck access reconfiguration and concrete access pad for the Cherry Aerospace facility would require permanent relocation of the OCTA bus stop for eastbound Route 72, which is now located between Cherry Aerospace driveways. Mitigation Measure T -4 At least three months before the start of any project work that could impact the Warner Avenue roadway, concrete pads at existing bus stops in the project site, or sidewalks, the City of Santa Ana and the project traffic engineer shall coordinate with the Orange County Transportation Authority to specify any needed temporary alterations of service on OCTA Routes 53, 55, 72, and 463. Such alterations may include rerouting bus routes off of Warner Avenue in the project site and permanent CEQA Findings of Fact - 10 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -22 relocation of the bus stop at Standard Avenue and Warner Avenue due to the proposed buck turn-out for Cherry Aerospace. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. Impact 5.10 -7 would be less than significant with mitigation. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. B. SIGNIFICANT UNAVOIDABLE IMPACTS The following summary describes the unavoidable impacts of the proposed project where mitigation measures were found to be infeasible, or they would not reduce impacts to less than significant. The following impact would remain significant and unavoidable. Noise Impact 5.8 -3 Construction activities would substantially elevate noise levels in the vicinity of noise - sensitive land uses for an extended duration. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.8 -19 of Section 5.8, Noise, of the Draft EIR. Short -term noise would be associated with the site preparation, grading, and building construction of the proposed road widening. While the magnitude of the noise would, at times, be up to 86 dBA Ley, it would fluctuate throughout the workday because equipment would not be in use at one location for an extended period of time. Operation of heavy earthmoving equipment has the potential to substantially elevate noise levels at nearby residential areas for an extended duration over several months; construction noise is considered significant. Mitigation Measures N -1 Prior to final engineering plan approval, when detailed roadway alignment, landscape plans, and elevations are available, a final noise study shall be prepared to identify specific sound wall locations along receptors that would be significantly impacted by the project. With current information significantly affected properties are listed in Table 5.8 -12. Figure 5.8 -2 shows the sound wall locations and heights that would reduce noise impacts to levels below significance. For aesthetic purposes, the City can use the alternative wall location shown on Figure 5.8 -2; however, one of the two wall locations is required to provide sound attenuation to meet City of Santa Ana noise standards. Sound walls shall be solid from the ground to the top with no decorative cutouts and shall weigh at least 3.5 pounds per square foot of face area. The sound walls may be constructed using masonry block, '/a -inch thick glass, or other transparent material with sufficient weight per square foot. The need, location, and height of sound walls /walls shall be determined based on the conclusions of the final acoustical report and the final pad elevations of the grading plan. All walls determined to be necessary for noise mitigation by the final acoustical report shall be incorporated into the final roadway construction plans. N -2 The use of vibratory rollers shall be prohibited within 30 feet of a residential CEQA Findings of Fact - 11 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -23 structure. If soil compacting is required within 30 feet of a residential structure, static rollers shall be employed. N -3 Prior to the start of grading, the construction contractor shall provide evidence acceptable to the Public Works Director, or designee, that: a. All construction vehicles and equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers; mufflers shall be equivalent to or of greater noise reducing performance than manufacturer's standard. b. Stationary equipment, such as generators, cranes, and air compressors, shall be located as far from adjacent residences and James Monroe Elementary School as feasible. c. Equipment maintenance, vehicle parking, and material staging areas shall be located as far away from adjacent residences and James Monroe Elementary School as feasible. N -4 The recommended sound walls described in N -1 shall be constructed as soon as practicable to minimize temporary construction - related noise impacts during implementation of the project. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Mitigation Measures N -1 through N -4 would reduce noise generated by construction activities to the extent feasible. However, due to the amount of heavy construction equipment required and duration of construction activities, Impact 5.8 -3 would remain significant and unavoidable and a Statement of Overriding Considerations is required. Transportation and Traffic Impact 5.10 -3 Project construction may result in temporary impacts to levels of service at Warner Avenue /Main Street and Warner Avenue/Halladay Street intersections. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.10 -26 of Section 5. 10, Transportation and Traffic, of the Draft EIR. The analysis detennined that three studied intersections would continue to operate at acceptable LOS D or better and two intersections would operate at unacceptable LOS: Main Street and Warner Avenue at LOS E during PM peak hour, and Halladay Street and Warner Avenue at LOS F during PM peak hour. Additionally, because the Maple Street and Warner Avenue intersection is unsignalized, the delay would be worsened in the north and south directions. These impacts would be temporary, and traffic flow would improve once the construction is complete. Short- term roadway closures would occur during removal and relocation of overhead electrical poles. CEQA Findings of Fact - 12 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -24 Mitigation Measures T -1 Any temporary lane closures shall be limited to non -rush -hour periods. Directions to alternative routes shall be provided to drivers, bicyclists, and pedestrians during road closures. Road closures shall not last over 24 hours without advance written approval of the Executive Director of the City of Santa Ana Public Works Agency or designee. T -2 Prior to the beginning of any utility relocation, demolition, or construction work, a detailed construction traffic control plan shall be prepared by a licensed civil engineer. The construction traffic control plan shall be based on the most recent version of the Greenbook: Standard Specifications for Public Works Construction (federal); California Department of Transportation California Manual on Uniform Traffic Control Devices (state); Southern California Chapter of the American Public Works Association Work Area Traffic Control Handbook; and City Standard Provisions (local). The traffic control plan shall include extensive public outreach and public awareness through the use of mailers and notices in local papers and other publications. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Mitigation Measures T -1 and T -2 would reduce construction- related traffic impacts to the extent feasible. However, due to the reduction in travel lanes and duration of construction activities, Impact 5.10 -3 would remain significant and unavoidable and a Statement of Overriding Considerations is required. III. FINDINGS ON PROJECT ALTERNATIVES The CEQA Guidelines (Section 15126[a]) state that an EIR must address "a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project, but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives." The alternatives were based, in part, on their potential ability to reduce or eliminate the impacts determined to be significant and unavoidable for the proposed project even after implementation of all feasible mitigation measures. As described in Chapter 7 of this Draft FIR, five project alternatives were identified, considered, and rejected from further analysis as described below: • Alternative Project Site • Preliminary Engineering Alternatives 0 100 ROW 0 110 Center Alternative 0 120 North Alternative 0 120 Center Alternative Four project alternatives were identified and analyzed for relative impacts as compared to the proposed project: • No Project Alternative CEQA Findings of Fact - 13 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -25 • 110 South Alternative • 120 South Alternative • Revised Construction Alternative The alternatives analyzed in the EIR were determined to represent a reasonable range of alternatives with the potential to feasibly attain most of the basic objectives of the project but avoid or substantially lessen any of the significant effects of the project. A. No Project Alternative Section 15126.6(e) of the CEQA Guidelines requires the analysis of a No Project Alternative. This No Project analysis must discuss the existing condition, as well as what would be reasonably expected to occur in the foreseeable future if the project were not to be approved. In this alternative Warner Avenue from Main Street to Grand Avenue is not widened, and the existing roadway configuration and intersection traffic controls remain as is. The new bicycle lanes and improved sidewalks included in the proposed project would not be constructed. No properties would be acquired, and no buildings demolished for roadway widening. Drainage improvements included in the proposed project would not be installed. Facts in Support of Finding: This alternative would meet one project objective, Objective 6 — minimizing property acquisition including public facilities — but would not meet any of the other project objectives. • This alternative would increase impacts on geology and soils, hydrology and water quality, transportation and traffic, and utilities and service systems. • This alternative would avoid one significant and unavoidable impact, (construction noise), but would increase the significant and unavoidable impact related to construction- phase traffic. Finding: The City of Santa Ana finds, based on the Final EIR and the whole of the record, that the No Project Alternative is less desirable than the proposed project. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make this alternative less than desirable than the proposed project. Public Resources Code § 21081 [a][3], Guidelines § 15091 [a][3]). B. 110 South Alternative This alternative would use a 110 -foot total ROW width, a modified Major Arterial ROW, and would align the road widening mostly on the south of the existing centerline. The ROW includes six 11 -foot lanes, a 14- foot -wide raised landscaped median, 5 -foot shoulder/bike lanes, and 10- foot parkway and sidewalk. This alternative would require 25 full and 31 partial parcel acquisitions. Compared to the proposed project, the major differences with this alignment are the acquisition and building removal of three additional commercial parcels (at the strip commercial center) and one industrial parcel (Cherry Aerospace). Partial impacts to industrial parcels on the north side of Warner Avenue would be reduced. The majority of impacts to full residential parcels would be shifted from the north to the south side of Warner Avenue and result in the reduction of 10 full CEQA Findings of Fact - 14 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -26 acquisitions, and an increase of 4 partial acquisitions, compared to the proposed project. Facts in Support of Finding: • This alternative would achieve all project objectives. • This alternative would reduce the number of residential parcels that would be affected by construction noise; however, this impact would remain significant and unavoidable in this alternative, as it would for the proposed project. • The 110 South Alternative would reduce environmental impacts to population and housing; all other environmental topics would be similar to the proposed project. • This alternative would result in the loss of a strip of property along the north side of James Monroe Elementary School, National Guard Armory, and Delhi Park and the demolition of Cherry Aerospace, a large industrial parcel that provides the community with income and employment opportunities. While fewer homes would be demolished under this alternative, the demolition of Cherry Aerospace would not be an economically feasible substitute. Additionally, the impact to public facilities would have greater effects to the community compared to the proposed project. • Land use and planning impacts would be greater than the proposed project. Finding: The City of Santa Ana finds, based on the Final FIR and the whole of the record, that the 110 South Alternative is less desirable than the proposed project. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make this alternative less than desirable than the proposed project. Public Resources Code § 21081 [a] [3], Guidelines § 15091 [a] [3]). C. 120 South Alternative This alternative would use a 120 -foot total ROW width, the City of Santa Ana standard Major Arterial ROW, and would align most of the road widening to the south of the existing centerline. The ROW includes six 12 -foot lanes, a 14- foot -wide raised landscaped median, 7 -foot shoulder/bike lanes, and 10 -foot parkway and sidewalk. This alternative would require 31 full and 25 partial parcel acquisitions. Compared to the proposed project, the major differences with this alignment are the acquisition and building removal of three additional commercial parcels (at the strip commercial center), the fire station, and two industrial parcels (Cherry Aerospace and H &H asphalt). The majority of impacts to full residential parcels would be shifted from the north to the south side of Warner Avenue and result in the reduction of 4 full acquisitions. Facts in Support of Finding: • This alternative would result in the loss of a significant strip of property along Warner Avenue at the Monroe Elementary School, National Guard Armory, and Delhi Park. • This alternative would not reduce either of the significant and unavoidable impacts of the proposed project, and would increase environmental impacts to air quality, greenhouse gas emissions, and hazards and hazardous materials. Long term traffic noise impacts may be reduced. All other environmental topics would be similar to the proposed project. CEQA Findings of Fact - 15 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -27 This alternative would achieve all project objectives Finding: The City of Santa Ana finds, based on the Final EIR and the whole of the record, that the 120 South Alternative is less desirable than the proposed project. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers and the effects to the community, make this alternative less than desirable than the proposed project. Public Resources Code § 21O81[a][3], Guidelines § 15O91[a][3]). D. Revised Construction Alternative The operation of heavy earthmoving equipment would substantially elevate noise levels near residential areas and schools (considered sensitive noise receptors) over several months; therefore, construction noise is considered significant. This alternative would reduce the number of heavy earthmoving equipment and construction activities occurring daily and extend construction schedule as shown in the table below, and would reduce construction- related noise impacts. In most cases the pieces of equipment would be reduced by half and the duration of each phase of construction would be doubled. Revised Construction Alternative Project Construction I Project Construction Alternative Phase I Equipment I Duration I Eauinment I Duration Demolition of Existing Structures 2 backhoes and 1 front- 3 months' 1 backhoe and 1 front- I 6 months' end loader end loader OHE Removal 2 cranes and 1 pole- 6 months' 1 crane and 1 pole- I 12 months' pull pulling machine 2. Roadway Construction Demolition of AC /Curb /Gutter 1 front -end loader with 3 days' 1 front -end loader with 6 days2 breaker attachment breaker attachment Excavation /Removal of Fill and Subbase 2 backhoes and 1 front- 5 days2 1 backhoe and 1 front- 10 days2 end loader endloader Foundation Construction 1 paver & 2 rollers 17 days' 1 paver & 1 roller 34 days2 Paving 1 paver & 2 rollers 17 days' 1 paver & 1 roller 34 days2 Note: Duration of each phase is approximate. ' ROW clearance, demolition, and removal of buildings, pads, and poles would be done over 3 to 5 years as parcels are acquired by the City. 2 Duration is for each side of the street required for widening in 0.25 -mile segments. For example, laying pavement would take 17 days for a 0.25 -mile section on the north side of Warner Avenue and another 17 days for a 0.25 -mile section an the south side of Warner Avenue. Facts in Support of Finding: Impacts related to construction transportation and traffic — one of the two significant and unavoidable impacts — would be greater than for the proposed project. All other environmental topics would be similar to the proposed project. Construction noise impacts would be reduced, but not to less than significant levels. Impacts would remain significant and unavoidable. This alternative would achieve all project objectives CEQA Findings of Fact - 16 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -28 Finding: The City of Santa Ana finds, based on the Final EIR and the whole of the record, that the Revised Construction Alternative is less desirable than the proposed project. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, and the effects to the community, make this alternative less than desirable than the proposed project. Public Resources Code § 21081[a][3], Guidelines § 15091[a][3]). CEQA Findings of Fact - 17 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -29 CEQA STATEMENT OF OVERRIDING CONSIDERATIONS WARNER AVENUE IMPROVEMENTS AND WIDENING FROM MAIN STREET TO GRAND AVENUE FINAL ENVIRONMENTAL IMPACT REPORT STATE CLEARINGIiOUSE NO. 2012101004 Exhibit B I. INTRODUCTION The City of Santa Ana (City) is the lead agency under the California Environmental Quality Act (CEQA) and is responsible for preparation, review, and certification of the Final Environmental Impact Report (Final EIR) for the Warner Avenue hprovements and Widening from Main Street to Grand Avenue. As the lead agency, the City is also responsible for determining the potential environmental impacts of the proposed action, which of those impacts are significant, and therefore require mitigation measures to avoid or minimize those impacts. CEQA then requires the lead agency to balance the benefits of the proposed action against its significant unavoidable adverse environmental impacts before determining whether or not to approve the proposed project. In making this determination, the City complies with the Section 15093 of the CEQA Guidelines, which provides: (a) CEQA requires the decision - malting agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the Final FIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. In addition, Public Resources Code, Section 21081(b), requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also 'find that overriding economic, legal, CEQA Statement of Overriding Considerations - 1 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -30 social, technological, or other benefits of the project outweigh the significant effects of the proj ect. Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the project against the following unavoidable adverse impacts associated with the project and has adopted all feasible mitigation measures with respect to these impacts. The City also has examined alternatives to the project, none of which both meets the project objectives and is environmentally preferable to the proposed project for the reasons discussed in the Findings and Facts in Support of Findings. II. SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS Although most potential project - related impacts have been substantially reduced or avoided through mitigation, as described in the Findings of Fact, there remain some impacts for which complete mitigation is not feasible. For some impacts, mitigation measures were identified and adopted, but even with implementation of the measures, the City finds that the impact cannot be reduced to a less than significant level. The Final FIR identified the following project- related significant unavoidable adverse impacts. A. NOISE — Construction Construction activities would substantially elevate noise levels in the vicinity of noise- sensitive land uses for an extended duration. Short-term noise would be associated with the site preparation, grading, and building construction of the proposed road widening. The existing noise levels at receptors along Warner Avenue range from 69.5 to 72.8 dBA Leg. Each construction phase would generate noise levels ranging from 82 to 87 dBA Leq at 25 feet; however it would fluctuate throughout the workday because equipment would not be in use at one location for an extended period of time. Because the operation of heavy earthmoving equipment has the potential to substantially elevate noise levels at nearby residential areas for an extended duration over several months, construction noise is considered significant. Mitigation Measure N -1 requires the location of sound walls included in final roadway construction plans; Mitigation Measure N -2 requires that vibratory rollers not be used within 30 feet of homes; Mitigation Measure N -3 puts restrictions on construction vehicles and equipment; and Mitigation Measure N -4 requires early construction of permanent sound walls. Mitigation Measures N -1, N -2, N -3, and N -4 would reduce noise generated by construction activities to the extent feasible; however, construction -phase noise impacts are still anticipated to occur; therefore, this impact is considered significant and unavoidable. B. TRANSPORTATION AND TRAFFIC — Construction Project construction would temporary affect traffic flow along Warner Avenue and surrounding streets, and significantly impact Warner Avenue/Main Street and Warner Avenue /Halladay Street intersections. Construction would be completed in linear segments so the entire length of Warner Avenue within the project limits is not disrupted at once. During demolition and construction, the four existing travel lanes on Warner Avenue would be narrowed to two lanes, one lane in each CEQA Statement of Overriding Considerations -2- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -31 direction, along the side opposite the area of construction. Where lane closures during peak periods cannot be avoided, traffic would be managed to give priority to the direction that has the heaviest traffic. Short -term roadway closures would occur during removal and relocation of overhead electrical poles. Two intersections would operate at unacceptable LOS during the construction phase: Main Street and Warner Avenue at LOS E during PM peak hour, and Halliday Street and Warner Avenue at LOS F during PM peak hour. Mitigation Measure T -1 requires that lane closures avoid non -rush -hour periods. Mitigation Measure T -2 requires that a construction traffic management plan identifying construction traffic control requirements, traffic detours, and other necessary measures be implemented. The measure also requires extensive public notification about the construction. Mitigation Measures T -1 and T -2 would reduce traffic delays caused by construction activities to the extent feasible; however, construction -phase traffic impacts are still anticipated to occur; therefore, this impact is considered significant and unavoidable. III. CONSIDERATIONS IN SUPPORT OF THE STATEMENT OF OVERRIDING CONSIDERATIONS After balancing the specific economic, legal, social, technological, and other benefits of the proposed project, the City of Santa Ana has determined that the unavoidable adverse temporary construction - related environmental impacts identified above may be considered "acceptable" due to the specific considerations discussed below; therefore, the project benefits. outweigh the unavoidable, adverse environmental impacts. The following benefits will occur as a result of approval of the proposed project. 1. Design and construct Warner Avenue to be consistent with the City's General Plan Circulation Element and Orange County Master Plan of Arterial Highways (MPAH) designation as a major arterial. Warner Avenue within the project limits is a four -lane undivided road with variable curb -to- curb and right -of -way (ROW) widths. Warner Avenue has a major arterial designation with six -lanes in both the City's General Plan Circulation Element and the Orange County MPAH; therefore the current cross - section is inconsistent with both documents. Widening Warner Avenue from ,four to six lanes between Main Street and Grand Avenue would make this section of the street consistent with the City's General Plan Circulation Element and the Orange County MPAH. 2. Alleviate traffic congestion and delays within the Warner Avenue project limits. By adding a vehicle travel lane in each direction, Warner Avenue widening will significantly reduce traffic congestion and delays within the one mile project limits. Additionally by providing a safer travel options for pedestrians and bicyclist, it is anticipated that some people may choose to not drive thereby reducing traffic. 3. Provide roadway capacity to accommodate existing and future traffic volumes. Warner Avenue within the project limits is a four -lane road with variable curb -to -curb and right -of -way (ROW) widths. It has a median (striped not raised) in some segments and no median in other segments; therefore, this four -lane section of Warner Avenue is designed to accommodate up to 20,000 vehicles per day (LOS Q. Currently there are 23,000 to 28,000 CEQA Statement of Overriding Considerations -3- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -32 vehicles per day. By the year 2035 estimated traffic volumes along this segment are forecast at 30,000 to 31,900 vehicles per day. Both the existing andfuture daily traffic volumes exceed the acceptable level of service for a four -lane undivided roadway. Warner Avenue would be widened to six -lanes to comply with the major arterial designation and would accommodate 45, 000 to 60, 000 vehicles per day for current and future traffic. 4. Increase vehicular safety and reduce accidents by removing left turn hazards. The project would have a raised median as a traffic calming feature controlling vehicle left turns and cross traffic for improved safety. The reduction of driveway accesses along Warner Avenue would potentially reduce accidents caused by backing up across the sidewalk and into oncoming traffic and vehicle collisions between through movement and vehicles accessing from private properties. 5. Comply with the Complete Streets Act by providing safe and accessible travel for bicyclist, pedestrians, wheelchairs, transit riders and motorists through additional bike and vehicle lanes, wider parkway and sidewalks and improved bus locations. The City is in the process of updating the General Plan Circulation Element and will comply with the complete streets principles (planning for all modes) as required by the Complete Streets Act. Warner Avenue project would be consistent with the circulation element and therefore would comply with the policies outlined in the Complete Streets Act (AB 1358, Chapter 657, Statutes of 2008). The project would have: • sidewalks with ADA- compliant horizontal clearance and curb ramps • bike lanes for clearly - designated separate area for bicyclists to improve safety by removing conflicts caused by sharing space with pedestrians on the sidewalk and vehicles in travel lanesparkway with trees and landscaping for shade and separation of pedestrians and people in wheelchairs from moving vehicles and bicycles • relocated Pack Electric Bike Path (Maple Street Bike Trail) from crossing Warner Avenue in the vicinity of Rousselle Street to crossing at the Maple Street traffic light for safer street location • additional vehicle lane in each direction to provide less congested movement of motorists and commercial goods. • improved bus locations for transit riders • improved lighting for vehicle and pedestrian safety Therefore, in compliance with the Complete Streets Act, this project would accommodate bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users ofpublic transportation, and seniors. 6. Improve stormwater drainage and water quality. CEQA Statement of Overriding Considerations -4- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -33 All of the street segments have undersized storm drains, except Grand Avenue to the railroad tracks. The project- related drainage system improvements significantly reduce flooding by increasing the capacity of underground storm drains. The project would include construction of Water Quality Management Plan Best Management Practices for site design, structural source control, and treatment control which would increase the quality of the stormwater and runoff that flows into the drainage system. IV. Conclusion The City of Santa Ana has balanced the project's benefits against the project's significant unavoidable impacts. For the abovementioned reasons, implementation of the Warner Avenue Improvements and Widening from Main Street to Grand Avenue project would have environmental, economic, and social benefits that outweigh the unavoidable adverse environmental impacts of the physical development, and those impacts, therefore, are considered acceptable in light of the project's benefits. The City finds that each of the benefits described above is an overriding consideration, independent of the other benefits, that warrants approval of the project notwithstanding the project's significant unavoidable impacts. CEQA Statement of Overriding Considerations -5- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -34 Exhibit "B" Resolution No. 2015 -xxx Page 6 of 6 75B -35 20 Civic Center Plaza, M -36 Santa Ana, CA 92702 714.647.5632 MITIGATION MONITORING AND REPORTING PROGRAM FOR: WARNER AVENUE IMPROVEMENTS AND WIDENING FROM MAIN STREET TO GRAND AVENUE SCH NO. 2012101004 3 MacArthur Place, Suite 1100 Contact: Santa Ana, CA 92707 JoAnn Hadfield Tel: 714.966.9220 •Fax: 714.966.9221 Principal, Environmental E -mail: information @pianningcenter.com Services Website: www.planningcenter.com CGI N- 01.0EISNT -08.3E AUGUST2015 75B -36 C prepared for: CITY OF SANTA ANA Contact., Kenny Nguyen, PE Senior Civil Engineer prepared by: PLACEWORKS 3 MacArthur Place, Suite 1100 Contact: Santa Ana, CA 92707 JoAnn Hadfield Tel: 714.966.9220 •Fax: 714.966.9221 Principal, Environmental E -mail: information @pianningcenter.com Services Website: www.planningcenter.com CGI N- 01.0EISNT -08.3E AUGUST2015 75B -36 75B -37 Table of Contents Section Page 1. INTRODUCTION ............................................................................................... ............................... 1 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM ....................... 1 1.2 PROJECT LOCATION, SETTING AND SURROUNDING LAND USES ............................... 1 1.3 PROJECT DESCRIPTION ..................................................................... ..............................2 1.4 ENVIRONMENTAL IMPACTS ............................................................... ............................... 2 2, MITIGATION MONITORING AND REPORTING REQUIREMENTS .................... ..............................3 2.1 CATEGORIZED MITIGATION MEASURES ........................................... ..............................3 2.2 IN -FIELD MONITORING ........................................................................ ..............................3 2.3 REPORT SUBMITTALS ......................................................................... ..............................3 Table Page Table 2 -1 Mitigation Monitoring and Reporting Requirements ..................................... ..............................5 Warner Avenue Widening Improvements and Widening from Main Street to Grand Avenue Mitigation Monitoring and Reporting Program City of Santa Ana • Page i 75B -38 75B -39 1. Introduction 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program (MMRP) provides the mitigation measures outlined in the Warner Avenue Improvements and Widening from Main Street to Grand Avenue Environmental Impact Report (EIR), State Clearinghouse No. 2012101004. This MMRP fully complies with Section 21081.6 of the Public Resources Code that states: (a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. f% (2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. 1.2 PROJECT LOCATION, SETTING AND SURROUNDING LAND USES The project site is a one mile section of Warner Avenue between Main Street and Grand Avenue in the southwestern portion of the City of Santa Ana in central Orange County. The site consists of Warner Avenue between Main Street on the west and Grand Avenue on the east, along with all or portions of parcels along the north and south sides of Warner Avenue. Warner Avenue within the project limits is a four -lane road with variable curb -to -curb and right -of -way (ROW) widths. It has a median (striped not raised) in some segments and no median in other segments; therefore, this four -lane section of Warner Avenue is designed to accommodate up to 20,000 vehicles per day (LOS C). Currently there is 23,000 to 28,000 vehicles per day. Some segments of Warner Avenue within the project limits include a striped center turn lane while others do not. In some areas the sidewalk is directly adjacent to the street while parkways separate the sidewalk from the curb in other locations. Sidewalk widths vary from four to ten feet depending on the location; however some sections restrict pedestrian space to less than three feet wide between power poles and landscape shrubs or walls. Bike lanes are not provided along Warner Avenue within the project limits. Pacific Electric Bike Path (Maple Street Bike Trail) crosses Warner Avenue in the vicinity of Rousselle Street. The Union Pacific Rail Road (UPRR) rail corridor crosses Warner Avenue between Standard Avenue and Grand Avenue. Orange County Transportation Authority (OCTA) provides public transit services to the City as well as within the project area. Currently, OCTA has three bus routes servicing the project area (Bus Route 53 servicing Anaheim through Irvine via Main Street, Bus Route 585 servicing Santa Ana through Newport Beach via Standard Avenue, Bus Route 72 servicing Sunset Beach through Tustin via Warner Avenue, and Bus Route 463 servicing Santa Ana via Grand Avenue). Land uses along Warner Avenue within the project limits include a mixture of commercial, residential, and industrial uses. Warner Avenue Improvements and Widening from Main Street to Grand Avenue Mitigation Monitoring and Reporting Program City of Santa Ana • Page I 75B -40 1. Introduction 1.3 PROJECT DESCRIPTION The project would improve and widen Warner Avenue from Main Street to Grand Avenue, from the existing variable ROW to a consistent 110 -foot ROW. Warner Avenue would have six traffic lanes, raised landscaped median, bike lanes, parkways, and sidewalks. The project would also include replacement of existing storm drains with larger storm drains, and the undergrounding of existing utilities along the project segment. The project requires City acquisition of 35 full parcels and a portion of 27 parcels (based on assessor parcel number). Note that multiple APN's comprise some single properties and that one property may have multiple businesses or addresses. Based on Draft Relocation Impact Statement (property ownership records) the total acquisition would be 34 full and 22 partial properties.. 4A fit. 101Jh7IWk if, TWIi IJsCr*J�y 1.4.1 Impacts Considered Less Than Significant The following environmental topics were determined to have less than significant impacts. Impacts to topics marked with an asterisk ( *) were analyzed in the Initial Study; the remainder were analyzed in the EIR. • Aesthetics* • Agriculture and Forestry Resources* • Biological Resources* • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources* • Population and Housing • Public Services* • Recreation* • Utilities and Service Systems 1.4.2 Potentially Significant Adverse Impacts That Can Be Mitigated, Avoided, or Substantially Lessened Air quality and cultural resources were determined to have less than significant impacts after implementation of required mitigation measures. 1.4.3 Unavoidable Significant Adverse Impacts The following topics would remain significant and unavoidable even after implementation of required mitigation: • Noise (during construction) • Transportation and Traffic (during construction) Page 2 • PlaceWorks 75B -41 August 2015 2, Mitigation Monitoring and Reporting Requirements 2.9 CATEGORIZED MITIGATION MEASURES Project- specific mitigation measures have been categorized in matrix format, as shown in Table 2 -1. The matrix identifies the environmental factor, specific mitigation measures, schedule, and responsible monitor. The mitigation matrix will serve as the basis for scheduling the implementation of and compliance with all mitigation measures. 2.2 IN -FIELD MONITORING Project monitors and technical subconsultants shall exercise caution and professional practices at all times when monitoring implementation of mitigation measures. Protective wear (e.g., hard hat, glasses) shall be worn at all times in construction areas. 2.3 REPORT SUBMITTALS All mitigation measures that require submittal of a report or study to City of Santa Ana staff shall be reviewed and accepted as complete and accurate by the Public Works Agency Executive Director or designee. 0 Warner Avenue Improvements and Widening from Main Street to Grand Avenue Mitigation Monitoring and Reporting Program City of Santa Ana • Page 3 75B -42 2. Mitigation Monitoring and Reporting Requirements This page intentionally left blank. 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