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HomeMy WebLinkAboutResolution 1984 - 0017RESOLUTION NO.84-17 A RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS.2,3 AND 11,CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT “MASTER PLAN OF SEWAGE COLLECTION,DISTRICTS NOS.2,3 &11”, MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS. ***************** WHEREAS,on December 8,1982 the Boards of Directors of County Sanitation Districts Nos.2,3 and 1].of Orange County,California,adopted a Sewage Collection System Master Plan for Districts No.2,3 and 11 (the Project),and WHEREAS,County Sanitation Districts Nos.2,3 and 11 (hereinafter “DISTRICTS”)are the lead agency for the preparation and consideration of environmental documents for projects contained within said Master Plan as defined in the California Environmental Quality Act of 1970,as amended, (hereinafter “CEQA”)and the State of California Guidelines for the Implementation of the California Environmental Quality Act as modified and adopted by the DISTRICTS (hereinafter “CEQA Guidelines”);and WHEREAS,in order.to facilitate an objective assessment of the indi vidual and collective environmental impacts associated with the expansion of the sewage collection system,the DISTRICTS have caused to be prepared,a Draft Environmental Impact Report “Master Plan of Sewage Collection,Districts Nos.2, 3 and 11”to address the significant,adverse environmental impacts,mitigation measures and project alternatives associated with the Project;and WHEREAS,the DISTRICTS have consulted with other public agencies,and the general public and given them an opportunity to comment on said Draft EIR as required by the provisions of CEQA and the CEQA Guidelines;and 1 WHEREAS,on November 9,1983,a duly noticed public hearing was held by the Boards of Directors of the DISTRICTS to provide a further opportunity for the general public to comment on and respond to the Draft EIR;and WHEREAS,the DISTRICTS have evaluated the comments received from public agencies and persons who reviewed the Draft EIR;and WHEREAS,said comments and recommendations received on the Draft EIR, either verbatim or in summary,a list of persons,organizations and public agen cies commenting on the Draft EIR,and the responses of the DISTRICTS to signifi cant environmental points raised in the review and consultation process have been included in and made a part of said Draft EIR to form the Final EIR for said Project as required by Section 15132 of the CEQA Guidelines;and WHEREAS,said Final EIR has been presented to the Boards of Directors of DISTRICTS for review and consideration prior to the final approval of,and commitment to,any Master Plan projects. NOW,THEREFORE,BE IT RESOLVED by the Boards of Directors of County Sanitation Districts Nos.2,3 &11 of Orange County,California as follows: 1.That the Boards of Directors of said DISTRICTS do hereby certify that the Final Environmental Impact Report,‘~Master Plan of Sewage Collection, Districts Nos.2,3 and 11”has been completed in compliance with CEQA and the CEQA Guidelines and that the DISTRICTS have reviewed and considered the infor mation contained in said Final EIR prior to approval of,or commitment to,the Project.Said Final EIR is composed of the following elements: 2 A.Draft Environmental Impact Report “Master Plan of Sewage Collection, Districts Nos.2,3 and 11”and all appendices thereto; B.Comments and responses to comments on said Draft EIR; 2.That the Boards of Directors of DISTRICTS do hereby find that changes or alterations have been required in,or incorporated into,the Project which will mitigate or avoid any significant adverse effects identified in the Final EIR as specifically itemized below. A.Landform/Soils/Topography Impacts Construction of various projects contemplated in the Master Plan will require temporary landform alterations;e.g.trenching. Certain projects will result in net earth removal. Findings All grading and landform alterations will be in accordance with the appropriate jurisdiction’s grading ordinances (Draft EIR, page 3).Excess earth may be temporarily stockpiled for use in landscaping,cover in sanitary landfills,as fill or it may be hauled to a landfill for disposal.Landform impacts are temporary and will be avoided when mitigation measures identified in the Final EIR are applied. Impacts Erosion potential is increased during construction.The proposed improvements may be subject to geologic hazards,e.g. seismic shaking,liquefaction (Draft EIR,pages 3 and 15). Findings An erosion siltation control plan will be developed and submitted to the Regional Water Quality Control Board for alternate 3 phases of construction.Detailed geotechnical reports will be pre pared to determine local bedrock or soil conditions and to determine proper methods of construction in the bluff areas (Draft EIR,page 15).Standard engineering practices will be employed to ensure structural integrity of all facilities.Seismic considerations will be evaluated in conjunction with design.Implementation of the adopted mitigation measures identified in the Final EIR will elimi nate significant adverse impacts. B.Hydrology Impacts During construction,open trenches will be subject to groundwater infiltration and the collection of rainfall and surface runoff during storms (Draft EIR,page 3). Findings Mitigation measures included within the Final EIR are the use of portable sump pumps discharging into an existing sewer line to control groundwater,use of gasketed joints to control infiltra tion,design of the Coast Trunk Sewer to resist flotation if a flooding hazard exists,and discharge of surface runoff to the existing storm drain system (Draft EIR,page 20).These adopted measures will eliminate significant adverse impact.Discharge of groundwater and surface runoff will be in accordance with the DISTRICTS’NPDES dewatering permit. Impacts Orange County Environmental Management Agency flood control channels may require crossing or undergrounding of sewer lines (Draft EIR,page 3). 4 Findings Projects which could impact flood control facilities will be reviewed by Orange County Environmental Management Agency when applications for permits are filed (Draft EIR,page 20). Coordination with Orange County Environmental Management Agency will mitigate significant adverse impacts. C.Biology Impacts No significant biological impacts are expected in Districts Nos.2 or 3.While most projects in District No.11 are within Street rights of way,the coastal reach of Edwards Trunk Bluff Line Sewer will likely be located along the eastern edge of the Bolsa Chica lowlands.The project could potentially impact the breeding season of the Belding’s savannah sparrow (a State—designated endangered species)and the tidal flats,marsh habitat and wildlife populations within the immediate project vicinity.Some vegetation removal would be required (Draft EIR,page 23). Findings In keeping with their restoration of Bolsa Chica,the California Department of Fish &Game recommended avoiding placement of a sewer line at the base of the Huntington Beach Bluffs in the Bolsa Chica area.The DISTRICTS have considered the recommendation; however,in order to maintain gravity flow,the line must be at the base of the bluffs.It is anticipated that it would be placed in existing or planned roadways.The DISTRICTS will coordinate with the California Department of Fish and Game and the California Coastal Commission on the final trunk sewer alignment in the Bosa Chica area 5 following final certification of the Local Coastal Plan and Land Use Plan for that area.The DISTRICTS find that with appropriate mitiga tion measures as outlined in the Final EIR (page 27)and coordination with the California Department of Fish &Game,the impacts can be mitigated to a level of non—significance. D.Cultural Resources Impacts Within the District No.11 project area,eleven archaeol ogical sites have been identified,all of which have been previously surveyed.However,these sites are along the top of the bluff and it is anticipated that the sewer would be located at the base.The Coast Trunk could impact these resources (Draft EIR,page 29). Findings If the final alignment for the Coast Trunk traverses any archaeological deposits,an archaeologist will be contacted and the appropriate measures for salvaging these resources will be imple mented.The mitigation measures included in the Draft EIR (page 30) eliminate the potential for significant adverse impact. E.Existing Land Uses Impacts Disruption to residential and commercial areas as well as schools may occur during construction activities (Draft EIR, page 34). Findings Mitigation measures identified in the Draft EIR (page 35) will be incorporated into each project as appropriate.The impacts to the surrounding land uses will be substantially reduced with approval of the identified mitigation measures. 6 F.Relevant Planning Programs Impacts It is possible that during construction,groundwater may infiltrate open trenches which would require pumping (Draft EIR, page 38). Findings All discharges of groundwater shall be in accordance with the DISTRICTS’NPDES dewatering permit issued by the Regional Water Quality Control Board (Draft EIR,page 39).This control will mitigate any groundwater impacts to a non—significant level. Impacts Projects in District No.11 will impact the coastal zone (Draft EIR,page 39). Findings The proposed Master Plan is consistent with the City of Huntington Beach Local Coastal Plan goal of ensuring adequate sewer capacities.Sewer improvements in the Bolsa Chica area will be subject to a Coastal Commission permit.Compliance with Coastal Commission policies and local City requirements will mitigate any impacts on the Coastal Zone (Draft EIR,page 39). G.Transportation Impacts Potential traffic congestion,changes to circulation patterns and traffic control will have a short term impact on the project areas during construction (Draft BIR,page 44). Findings The DISTRICTS will closely coordinate with the affected cities and CalTrans on traffic control and traffic patterns.Where 7 possible,alternate construction techniques such as tunneling will be used to minimize traffic impacts (Draft EIR,page 46).With the mitigation measures outlined in the EIR,the traffic impacts can be reduced to a level of insignificance.The DISTRICTS will take.par— ticular care in coordinating construction on Taft,Meats and Tustin Street in the City of Orange (Comments and Responses Addendum pages 20 &21). H.Public Utilities Impacts Potential impacts include disruption to service and interference with other ongoing utility projects (Draft EIR,page 53—58). Findings The DISTRICTS will mitigate these impacts to a level of insignificance through close coordination with all utility companies during design of the projects.The DISTRICTS will comply with the Department of Health &Safety’s criteria for separation of water mains and sanitary sewers (Draft EIR,page 59 and 60). 3.The Boards of Directors of DISTRICTS further find that although changes, alterations or conditions have been incorporated into the projects contemplated in the Master Plan which will substantially mitigate or avoid significant effects identified in the Final EIR,certain of the significant effects cannot be mitigated to fully acceptable levels.The remaining impacts identified below may continue to be of significant adverse impact even when all feasibly known and identified mitigation measures are applied. 8 A.Impacts to land uses in all three Districts will be short—term in nature but unavoidable.Parks and other open space land uses may be temporarily impacted by construction.Construction of the Carbon Canyon improvements may temporarily impact park usage or create nuisances to park users.Improvements are also proposed in the City of Huntington Beach’s Central Park area (Draft EIR,page 34). Findings Temporary impacts to park land and open space during con struction are an unavoidable effect of project implementation. These impacts are of a temporary nature and will be mitigated to the fullest extent possible.If an alignment is chosen which traverses Central Park in Huntington Beach,it will be limited to undeveloped or manicured areas,not the Park’s Nature Area.Upon completion of the projects,revegetation will occur.The Boards of Directors find it infeasible to further mitigate the impacts to park lands and open spaces.The projects outlined in the EIR are necessary to accom modate the wastewater flows generated by City and County approved development plans.If the projects are not implemented,development could be curtailed or reliability of the wastewater collection system could be reduced. B.Short—term construction equipment emissions will result during grading and construction activities (Draft EIR,page 47). Findings The proposed projects will lead to construction activities which will cause temporary increases in exhaust and fugitive dust emissions in the immediate vicinity of construction.The DISTRICTS 9 will comply with Rule 403 of the Southern California Air Quality Maintenance District (SCAQMD)Rules regarding fugitive dust emissions (Draft EIR,page 49).In approving the projects subject to the conditions and mitigations set forth,the DISTRICTS are doing all that is feasibly and reasonably possible at a local level for short term construction impacts.The decrease in electrical usage with the construction of the proposed Bolsa Chica Pump Station will help offset some air quality impacts as it will replace four existing less energy efficient pump stations (Draft EIR,page 48). C.Increased noise during construction Findings:All construction activities will comply with the noise limitations set by the individual cities or the County of Orange. Proper use and maintenance of noise reduction devices on heavy equipment will help to mitigate the problem and construction activi ties will be limited to daylight hours in noise sensitive areas (Draft ER.I,page 51).In the Bolsa Chica area,if disturbances to local aquatic and estuarine resources occur,the DISTRICTS will con sider installing appropriate screening to help mitigate the noise and visual impacts of construction (Comments and Responses Addendum, (page 28). D.Short term visual impacts from trenching,machinery and dirt pilings will occur during construction. Findings Efforts will be made to minimize the visual impacts during construction.Mitigations include constructing the Project in short 10 segments (e.g.,1 mile)in order to confine the impact,reestablish ment of landscaped areas after construction,removal or recontouring of excess earth,and burial of all sewer lines with minimal grading disturbance on slopes (Draft EIR,page 61 and 62).The Boards of Directors find the above mitigation measures will substantially reduce the impact and that further measures are not economically feasible for a short term impact. B.Resident wildlife of Bolsa Chica in the immediate project vicinity are expected to experience short term adverse impacts associated with construction disturbances.Many species can be expected to move to areas of similar habitat at the onset of activity,providing such of low mobility and those refusing to emigrate would be subject to elimination by site preparation.Following construction,some spe cies would return to the pipeline corridor provided suitable habitat regeneration occurs. Findings Temporary impacts to resident wildlife are an unavoidable effect of project implementation.Given the relatively short period of time over which construction disturbances are expected to prevail, the relatively small amount of habitat affected,and the marginal or disturbed nature of this habitat,it is not expected that wildlife population dynamics or the general ecology of the area would be significantly affected over the long term. 4.Certain changes or alterations (e.g.,mitigation measures)are required in or incorporated into the Project through the permitting responsibility and 11 jurisdiction of a public agency other than County Sanitation Districts Nos.2,3 and 11.These changes will be included in permits obtained from the applicable agency by DISTRICT or its contractor as itemized below: A.Rule 403 of the Air Quality Management Plan is applicable to the pro jects and when implemented provides partial mitigation for short term air quality impacts.The South Coast Air Quality Management District is responsible for insuring compliance with and implementation of these rules. B.A California Coastal Permit will be required for any construction in the coastal area of Huntington Beach.The California Coastal Commission is responsible for issuance of the permit and insuring implementation of certain projects in accordance with the rules of the Coastal Commission. C.Construction permits for the Projects are required from the City in which the work will take place.Enforcement of the grading and construction permits will involve,on a project by project basis,one or more of the following cities:Anaheim,Brea,Buena Park,Cypress, Fountain Valley,Fullerton,Garden Grove,Huntington Beach,La Habra, La Palina,Los Alamitos,Orange,Placentia,Santa Ana,Seal Beach, Stanton,Villa Park,Westminster and Yorba Linda.The County Environmental Management Agency will be responsible for construction permits in County owned streets and any permits which might be required in connection with flood control facilities. 12 D.Encroachment permits for construction in State Highways will be required for some projects.CalTrans is responsible for insuring compliance with requirements contained in the encroachment permit. E.A dewatering permit will be required for discharge of groundwater encountered during construction.The Regional Water Quality Control Board is responsible for insuring compliance with dewatering permit requirements. F.Construction in the Bolsa Chica area will be closely monitored by the California Department of Fish &Game. 5.That the Boards of Directors of County Sanitation Districts Nos.2,3 and 11 have balanced the benefits of the proposed Project against its unavoidable environmental risks in determining whether to approve said Project. The Boards do hereby.further find,determine and state,pursuant to the provi sions of Section 15093 of the State Guidelines,that the occurrence of those certain significant environmental effects identified in the Final EIR and set forth in Paragraph 3 above have been found acceptable and will be permitted without further mitigation due to the following overriding considerations: A.The projects are necessary to accommodate wastewater flows from ongoing development approved by the local zoning authorities.The DISTRICTS are a single purpose agency with the responsibility to collect,treat and dispose of wastewater generated within the DISTRICTS’service area.Construction of the Project identified in the EIR is necessary to provide sewerage facilities to serve develop— 13 • ment approved by the Cities and County after separate environmental review by the approving entity as identified in local land use plans. B.The Boards of Directors find that implementation of the project alternatives identified in the Final EIR are infeasible as follows: 1.No Project Alternative.The DISTRICTS’sole function is to pro vide sewerage facilities to adequately collect,treat and dispose of wastewater.If the no project alternative is implemented and no new facilities are built to accommodate City and County approved land uses,the sewer system will become unreliable with potential raw sewage back—up in the Street and discharge of untreated wastewater to the ocean. 2.Paralleling Deficient Sewers.It is not as cost effective to parallel existing lines because smaller interceptor sewers between Districts’existing trunk sewers can relieve some of the deficiencies with less construction.In the Bolsa Chica area the topography largely dictates the alignment and paralleling of existing deficient sewers is not possible. 3.Provision of Lesser/Greater Capacity.Installation of smaller pipes than identified would not meet planned land use development of the Cities and County thus either limiting growth or necessi tating construction of additional facilities at a higher cost in the near future.Installation of larger trunk lines than identified in the Master Plan is not warranted at this time and 14 could be growth inducing.The DISTRICTS’responsibility is to serve anticipated growth,not to act as the vehicle by which growth is induced or restricted. C.For the reasons set forth above it is not economically feasible to further mitigate or avoid the environmental effects hereinabove identified. PASSED AND ADOPTED AT A REGULAR MEETING RELD FEBRUARY 8,1984 15 STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) I,WILLIAM H.BUTLER,Secretary of the Boards of Directors of County Sanitation Districts Nos.2,3 and 11 of Orange County,California,do hereby certify that the foregoing Resolution No.84—17 was passed and adopted at a regular meeting of said Boards on the 8th day of February,1984,by the following vote,to wit: Bruce Finlayson (Chairman),Marvin Adler,Norman Culver,Henry Frese,Don Griffin,Dan Griset,Frank Marshott,Gerald Mullen, Carrey Nelson,Don Roth,Roger Stanton,Charles Sylvia,John A. Thomas,Dorothy Wedel,Duane Winters NOES:None ABSENT:Victor Grgas DISTRICT 11 AYES:Ruth Bailey (Chairman),Ron Pattinson,Roger Stanton NOES:None ABSENT:None IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official of County Sanitation District No.2 on behalf of itself and Districts 3 and 11 of Orange County,California,this 8th day of February,1984. William H.Butl~r,Secretary Boards of Directors,County Sanitation Districts Nos.2,3 and 11 of Orange County,California DISTRICT 2 AYES: NOES: ABSENT: DISTRICT 3 AYES: Don Roth (Chairman pro tern),Marvin Adler,Sam Cooper,Dan Griset,Donald A.Holt,Jr.,Carol Kawanami,Bob Perry,Don E. Smith,Roger Stanton,Dorothy Wedel,Duane Winters None Henry Wedaa (Chairman) seal Nos.