HomeMy WebLinkAboutResolution 1984 - 0042RESOLUTION NO.84-42
A RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY
SANTITATION DISTRICTS NOS.1,6 and 7,CERTIFYING
FINAL ENVIRONMENTAL IMPACT REPORT “CONSOLIDATED
MASTER PLAN OF TRUNK SEWER FACILITIES TO SERVE
COUNTY SANITATION DISTRICTS NO.1,NORTH HALF OF
NO.6,AND NO.7,MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH,AND ADOPTING A STATEMENT
OF OVERRIDING CONSIDERATIONS.
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WHEREAS,on December 8,1982 the Boards of Directors of County
Sanitation Districts Nos.1,6 and 7 of Orange County,California,adopted
a Consolidated Master Plan of Trunk Sewer Facilities for County Sanitation
Districts No.1,North Half of No.6 and No.7 (the Project),and
WHEREAS,County Sanitation Districts Nos.1,6 and 7 (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
individual 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 “Consolidated Master Plan of Trunk Sewer
Facilities to Serve County Sanitation Districts No.1,North Half of No.6,
and No.7”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
WHEREAS,on January 11,1984,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 at which time
no person other than the DISTRICTS’consultant spoke;and
WHEREAS,the DISTRICTS have evaluated the coments 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 and the responses of the DISTRICTS to significant
environmental points raised in the review and consultation process have been
included in and made 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 members of 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.1,6 and 7 of Orange County,California as follows:
1.That the Boards of Directors of said DISTRICTS do hereby certify that
the Final Environmental Impact Report,“Consolidated Master Plan of Trunk Sewer
Facilities to Serve County Sanitation Districts No.1,North Half of No.6 and
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No.7”,has been completed in compliance with CEQA and the CEQA Guidelines and
that the DISTRICTS have reviewed and considered the information contained in
said Final EIR prior to approval of,or commitment to,the Project.Said Final
EIR is composed of the following elements:
A.Draft Environmental Impact Report “Consolidated Master Plan of
Trunk Sewer Facilities to Serve County Sanitation Districts No.1,
North Half of No.6 and No.7 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..Earth Resources
Impacts Construction of various projects contemplated in the
Master Plan will require temporary landforrn alterations;e.g.
trenching,excavation,paving (Draft EIR,page 19).Certain projects
will result in net earth removal.
Findings All grading and landform alterations will be in accordance
with the appropriate jurisdictions’grading ordinances.Landform
impacts are temporary and will be avoided when mitigation measures
identified in the Draft EIR are applied (Draft EIR,page 21).
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Impacts Erosion potential is increased during construction (Draft
EIR,page 20).The proposed improvements may be subject to geologic
hazards,e.g.,seismic shaking,liquefaction (Draft EIR,pages 18 &19).
Findings An erosion siltation control plan will be developed and
submitted tothe Regional Water Quality Control Board and Department
of Fish &Game for alternate phases of construction (Final EIR,
pages 1 &2).Detailed geotechnical reports will be prepared during
design to determine local bedrock or soil conditions and to determine
proper methods of construction (Draft EIR,page 10).Standard engi
neering practices and construction techniques 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 Draft EIR (pages 21,
22 &23)and Final EIR,(pages 1 &.2)will eliminate significant
adverse impacts.
B.Hydrology
Impacts Construction could result in potential water quality
effects from erosion and sediment transport (Draft EIR,page 25).
Groundwater may be encountered during construction.The Tustin Orange
Trunk lies adjacent to an existing stream bed and could be affected
by significant storm flows.
Findings Mitigation measures within the Draft EIR include erosion
control methods (Draft EIR,pages 26 &27)and use of portable surnp
pumps discharging into an existing sewer line to control groundwater
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to meet NPDES dewatering permit requirements (Final EIR,page 6).
The Tustin Orange Trunk will be designed to resist flotation if a
flooding hazard exists.Construction of this facility between
October 1 and April 1 will be avoided to minimize sedimentation
of downstream areas (Final EIR,page 1).These adopted measures will
eliminate significant adverse impact.Discharge of groundwater and
surface runoff will be in accordance with the DISTRICTS’NPDES
dewatering permit (Final EIR,pages 1 &2).
Impacts The Fairview—Gisler Trunk alignment may cross the Santa
Ana River.
Findings Projects which could impact flood control facilities will
be reviewed by Orange County Environmental Management Agency when
applications for permits are filed.Coordination with Orange County
Environmental Management Agency will mitigate significant adverse
impacts.
C.Biology
Impacts No significant biological impacts are expected in District
No.1 as the facilities are to be located within sites previously
disturbed.While most projects in Districts No.6 and 7 are within
street rights of way,a riparian habitat extends adjacent to portions
of the Tustin-Orange Trunk.The area to the north of the proposed
Tustin—Orange Trunk has been identified as an area of sensitive habitat
(Draft EIR,page 36).Construction of the Fairview—Gisler project
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could potentially impact the foraging season of the California least
tern,an endangered species,in the Santa Ana River downstream from
the project site (Final EIR,page 1).Some vegetation removal would
be required (Draft EIR,page 37).
Findings The California Department of Fish &Game recommended
avoiding construction of the Tustin-Orange Trunk from October 1 to
April 1 to minimize sedimentation of the downstream area (Final EIR,
page 1).Every attempt will be made to adhere to the?r recommendation.
The Department of Fish &Game further recommended that construction
of the Fairview—Gisler Trunk be scheduled for other than April 1 to
August 1 to avoid interference with foraging activities of the
California least tern (Final EIR,page 1).Every attempt will be
made to meet that schedule and the DISTRICTS will coordinate with
the California Department of Fish &Game during design of these
facilities and in obtaining the Department of Fish &Game 1601-1606
permit.The DISTRICTS find that with appropriate mitigation
measures as outlined in the Draft EIR,pages 38 &39 and the Final
EIR,page 1,and coordination with the California Department of Fish
&Game,the impacts can be mitigated to a level of non-significance.
0.Cultural Resources
Impacts The proposed projects will not affect any known
archaeological or historical sites (Draft EIR,page 45).
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Findings Since the majority of the proposed facilities lie within
disturbed areas,no mitigation measures are required.No known sites
lie within the alignment of the Tustin—Orange Trunk which passes
through an area still remaining in its natural state (Draft EIR,
page 45).Should a site be encountered during construction,the
DISTRICTS will contact a qualified archaeologist to investigate the
findings.
E.Water Supply
Impacts The completion of the proposed project would accommodate
growth as approved by local planning jurisdictions which in turn
would place a greater demand on all water resources (Draft EIR,
page 46,Final EIR,page 6).
Findings The County Sanitation Districts are a single purpose
agency with the sole function to collect,treat and dispose of
wastewater.As such,it is the DISTRICTS responsibility to
accommodate the growth approved by other local zoning authorities.
The DISTRICTS recommend the use of flow reduction measures for
development projects with large wastewater flows as a water
conservation measure.
F.Transportation and Public Safety
Impacts Potential traffic congestion,changes to circulation
patterns,traffic control and attraction to the construction site
will have a short term impact on the project areas during construction
(Draft EIR,pages 49,88 &89).
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Findings From a traffic engineering perspective the proposed
project will have no long term impacts in terms of traffic generation
(Draft EIR,pages 49 &57).The DISTRICTS will closely coordinate
with the affected cities and County and Caltrans on traffic control
and traffic patterns.Where possible,alternate construction
techniques such as tunneling will be used to minimize traffic impacts
(Draft EIR,page 57).The DISTRICTS find that all impacts are short
term construction related impacts.With the mitigation measures
outlined in the Draft EIR,pages 60,61,62,63,89 &90,these
impacts can be reduced to a level of insignificance.The DISTRICTS
take particular note concerning coordination of construction in the
City of Irvine (Final EIR,page 4).
G.Existing Land Uses
Impacts Disruption to residential and commercial areas as well as
schools may occur during construction activities.
Findings The DISTRICTS will coordinate all construction activities
with the affected City or the County of Orange.Impacts will be
short term related to construction activities.No long term impacts
are expected.
H.Public Utilities
Impacts Potential impacts include disruption to service and
interference with other ongoing utility projects (Draft EIR,pages
78-81).
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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.
I.Growth Characteristics
Impacts The proposed facilities will enable the DISTRICTS to
correct existing system deficiencies and accommodate increased
wastewater flows from zoning changes approved by the Cities and
County within Districts Nos.1,6 &7 (Draft EIR,page 81).
Findings The County Sanitation Districts of Orange County are a
single purpose entity with the sole responsibility to collect,treat
and dispose of wastewater generated throughout our service area.
As such,the DISTRICTS do not cause growth but rather accommodate
growth approved by local zoning authorities.The Master Plan
facilities evaluated in the EIR are necessary to correct existing
system deficiencies,provide desirable system flexibility and meet
the DISTRICTS’obligations to provide adequate sewerage facilities
to protect the health and safety of the community.
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
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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.
A.Impacts to land uses in all three Districts will be short—term in
nature but unavoidable.Open space and undisturbed land uses will
be temporarily impacted by construction.
Findings Temporary impacts to open space and undisturbed areas
during construction are an unavoidable effect of project implementation.
These impacts are of a temporary nature and will be mitigated to the
fullest extent possible.Upon completion of the projects,revegetation
will occur.The Boards of Directors find it infeasible to further
mitigate the impacts to open spaces and undisturbed lands.The
projects outlined in the EIR are necessary to accommodate the waste-
water flows generated by City and County approved development plans.
If the projects are not implemented,development as provided for in
the County and City adopted General Plans could be curtailed or
reliability of the wastewater collection system could be reduced.
B.Short—term construction equipment and dust emissions will result
during grading and construction activities (Draft EIR,pages 66 &94).
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
will comply with Rule 403 of the Southern California Air Quality
Maintenance District (SCAQMD)Rules regarding fugitive dust emissions.
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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 replacement of the Lane Road Lift Station with the
installation’of the South Irvine Lift Station should provide for
better overall energy efficiency which helps offset some air quality
impacts.
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
activities will be limited to daylight hours in noise sensitive
areas (Draft EIR,page 76).
0.Short term aesthetic impacts will occur during construction.
Findings Efforts will be made to minimize the aesthetic impacts
during construction.Mitigations include constructing the Project
in short segments (e.g.,1 mile)in order to confine the impact,
reestablishment of landscaped areas after construction,removal or
recontouring of excess earth,and burial of all sewer lines.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.
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4.Certain changes or alterations (e.g.,mitigation measures)are required
in or incorporated into the Project through the permitting responsibility and
jurisdiction of a public agency other than County Sanitation Districts Nos.1,
6 and 7.These changes will be included in permits obtained from the applicable
agency by DISTRICTS or its contractor as itemized below:
A.Rule 403 of the Air Quality Management Plan is applicable to the
Projects and when implemented provides partial mitigaton 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.Construction permits for the Projects are required from the City in
which the work will take place.Enforcement of the traffic,grading
and construction permits will involve,on a project by project basis,
one or more of the following cities:Costa Mesa,Irvine,Newport
Beach,Orange,Santa Ana and Tustin.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.
C.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.
D.A dewatering permit will be required for discharge of groundwater
encountered during construction.The Regional Water Quality Control
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Board is responsible for insuring compliance with dewatering permit
requirements.
E.Construction in the Handy Creek and Santa Ana River habitat areas
will be closely monitored by the California Department of Fish &
Game.
5.The Boards of Directors of County.Sanitation Districts Nos.1,6
and 7 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 provisions 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
development approved by the Cities and County after separate
environmental review by the approving entity as identified in
local land use plans.The DISTRICTS’growth projections are based
on current trends and represent a fair estimate of growth rates in
tributary areas.The present accommodation of these anticipated
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capacity demands is more cost effective and fiscally responsible
to taxpayers as well as less environmentally damaging than
constructing a separate facility in a few years.
B.The Boards of Directors find that implementation of the project
alternativesidentified in the Final EIR are infeasible as follows:
1.No project alternative.The DISTRICTS’sole function is to
provide 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 it could become necessary to curtail
connections to the DISTRICTS’system if adequate capacity does
not exist.In addition,the sewer system could become unreliable
with potential raw sewage back-up in the streets and discharge of
untreated wastewater to the ocean.
2.Alternative alignments A &B were considered,for the Airport
Relief Trunk Sewer.The impacts specific to both alignments are
related to traffic and public safety.The alignment study
prepared by Boyle Engineering,dated November 1,1983,finds that
the Von Karman alignment of the Airport Relief Trunk Sewer offers
the greater flexibility in serving the area.It is also the
least environmentally sensitive of the two alternatives because
it avoids public safety impacts where construction equipment
could interfere with aircraft landings and also minimizes traffic
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impacts.After consideration of the alignment study,on December
14,1983 the Boards of Directors adopted the Von Karman alignment
of the Airport Trunk Sewer.
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 HELD APRIL 11,1984
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STATE OF CALIFORNIA)
SS.
COUNTY OF ORANGE
I,RITA 3.BROWN,Secretary of the Boards of Directors of County
Sanitation Districts Nos.1,6 and 7 of Orange County,California,do hereby
certify that the foregoing Resolution No.84—42 was passed and adopted at a
regular meeting of said Boards on the 11th day of April,1984,by the
following vote,to wit:
DISTRICT 1
AYES:Robert Hanson (Chairman),Dan Griset,Don Saltarelli,Roger
Stanton
NOES:None
ABSENT:None
DISTRICT 6
AYES:James Wahner (Chairman),Philip Maurer,Roger Stanton
NOES:None
ABSENT:None
DISTRICT 7
AYES:Don Smith (Chairman),Richard Edgar,Dan Griset,Philip Maurer,
Roger Stanton,Bill Vardoulis,James Wahner
NOES:None
ABSENT:None
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.1 on behalf of itself and Districts
Nos.6 and 7 of Orange County,California,this 11th day of April,1984.
Rita J.Brown,Secretary
Boards of Directors,County
Sanitation Dis~ric~ts Nos.1,6 and 7
of Orange County,California