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HomeMy WebLinkAboutResolution 1984 - 0099RESOLUTION NO.84—99 A RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS.5 AND 6,CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT “MASTER PLAN REPORT FOR COUNTY SANITATION DISTRICT NO.5 AND SOUTh HALF OF DISTRICT NO.6”,MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH,AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS. *************** WHEREAS,on June 8,1984 the Boards of Directors of County Sanitation Districts Nos.5 and 6 of Orange County,California,adopted Master Plan Report for County Sanitation District No.5 and the South Half of District No.6 (the Project),and WHEREAS,County Sanitation Districts Nos.5 and 6 (hereinafter t’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 rehabilitation and expansion of the sewage collection system,the DISTRICTS have caused to be prepared,a Draft Environmental Impact Report “Master Plan Report for County Sanitation District No.5 and South Half of District No.6” 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 April 11,1983,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;and NOW THEREFORE,BE IT RESOLVED by the Boards of Directors of County Sanitation Districts Nos.5 and 6 of Orange County,California,as follows: 2 1.That the Boards of Directors of said DISTRICTS do hereby certify that the Final Environmental Impact Report “Master Plan Report for County Sanitation District No.5 and South Half of District No.6”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 “Master Plan Report for County Sanitation District No.5 and South Half of District No.6”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.Topography/Soils and Geology Impacts Construction of various projects contemplated in the Master Plan will require temporary landform alterations;e.g.trenching. Findings All grading and landform alterations will be in accordance with the appropriate jurisdiction’s grading ordinances (Draft EIR, Summary of Environmental Impacts and Mitigation Measures and page 11—3).Landform impacts are temporary and will be avoided when mitigation measures identified in the Final EIR are applied. 3 Impacts Erosion potential is increased during construction.The proposed improvements may be subject to geologic hazards,e.g. seismic shaking,liquefaction (Draft EIR,Summary of Environmental Impacts and Mitigation Measures and pages 11—1,2,3). Findings An erosion siltation control plan will be developed and submitted to the Regional Water Quality Control Board and the City of Newport Beach for alternate phases of construction (Final EIR, page 6).Periodic soil wetting as well as compaction and replanting will be used to reduce erosion (Draft EIR,page 11—3).Detailed geotechnical reports will be prepared to determine local bedrock or soil conditions and to determine proper methods of construction in the bluff areas (Draft EIR,page 11—3,4).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 eliminate significant adverse impacts. B.Hydrology and Water Quality - Impacts During construction,open trenches will be subject to groundwater infiltration and the collection of rainfall and surface runoff during storms (Draft EIR,Summary of Environmental Impacts and Mitigation Measures and page 11—6).Improved sewer facilities will still be subject to potential spill occurrences. 4 Findings Mitigation measures included within the Final EIR are the use of portable sump pumps discharging in compliance with appropriate regulations,appropriate pipeline engineering measures to ensure minimum infiltration,and discharge of surface runoff to the existing storm drain system (Draft EIR,page 11—7).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 The Regional Water Quality Control Board expressed concern over the changes in amounts or quality of the wastewaters and the cumulative impacts associated therewith. Findings The DISTRICTS have hired a consultant to address the impacts associated with the expansion of the two treatment plants as recommended in the Joint Works Wastewater Treatment and Disposal Facilities Master Plan.This EIR will address the impacts of generation,treatment and disposal of ultimate sewage flows within the DISTRICTS’service area. C.Biology Impacts Most of the projects covered in this Environmental Impact Report are within existing street right—of—way.Potentially significant biological impacts are present in connection with the Coast Trunk Sewer between the Santa Ana River and 62nd Street,the Cameo Shores area and the Crystal Cove area and Newport Bay.These 5 impacts include potential erosion and siltation in wetland and endangered species habitat areas,compaction of soils along the pipeline corridor which could retard the growth of natural revege— tation,potential habitat destruction resulting from construction, temporary disruption of wildlife due to construction noise, potential disruption of an endangered plant species,disruption of nesting birds in salt marsh area.In the Newport Bay area the potential impact is erosion and subsequent siltation from construction, in Cameo Shores it is the potential wildlife disturbance from construction activities;in the Crystal Cove and Santa Ana River areas the potential impact is the compaction of soils retarding growth of natural revegetation and removal of vegetation during construction which could reduce wildlife habitat. Findings The project in the vicinity of the mouth of Santa Ana River is basically within an oil field road as depicted in Appendix A of the Final EIR.All construction activities in the area will be coordinated with the California Department of Fish &Game,the United States Fish &Wildlife Service and the County of Orange to minimize any impacts in the area.Mitigation measures for all biological impacts included in the Draft EIR (page 11—13 and 11—14) include the timing of construction to avoid nesting bird species, restoration of aquatic and estuarian resources to a natural condition should any routine or emergency maintenance activities occur, confining of spoil material to existing roadways,confining of construction equipment to existing roadways,revegetating with only 6 native plant species and prevention of spills of harmful substances into the wetlands area east of the Santa Aria river and Newport Bay. In addition,the DISTRICTS will comply with all requirements and coordinate construction activities with the Department of Fish & Game,the Corps of Engineers and the County of Orange. Erosion—Siltation control plans will be prepared for approval by the County and the City of Newport Beach.Field surveys of the existing natural vegetation will be conducted prior to construction. The DISTRICTS find that with appropriate mitigation measures as outlined in the Final EIR and the Draft EIR,page 11—13,and with close coordination with the above agencies,the impacts can be mitigated to a level of non—significance. D.Cultural Resources Impacts No impacts are anticipated in the south half of District No.6.Within the District No.5 southern project area,five archaeological sites have been identified,all of which have been previously surveyed (Draft EIR,page 11—19). Findings Once the final alignment for the facilities in Cameo Shores and Crystal Cove,as well as the Coast Trunk Extension are determined,an archaeologist will be contacted to determine any impacts anticipated.If significant cultural resources are found, appropriate measures for salvaging these resources will be implemented. The mitigation measures included in the Draft EIR (Page 11—19) eliminate the potential for significant adverse impact. 7 E.Land Use/Relevant Plans Impacts Disruption to residential and commercial areas as well as schools may occur during construction activities (Draft EIR,page 11—24). Findings Mitigation measure identified in the Draft EIR (page 11—26) 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. Impacts It is possible that during construction,groundwater may infiltrate open trenches which would require pumping (Draft EIR, Summary of Environmental Impacts and Mitigation Measures). Findii~gs All discharges of groundwater shall be in accordance with the DISTRICTS’NPDES dewateririg permit issued by the Regional Water Quality Control Board (Draft EIR,page 11—27).This control will mitigate any groundwater impacts to a non—significant level. Impacts Some of the projects identified will impact the coastal zone (Draft EIR,page 11—26). Findings The proposed Master Plan will be carried out in accordance with the Local Coastal Plans of the City of Newport Beach and the County of Orange.Sewer improvements in the coastal area will be subject tp a Coastal commission permit.Compliance with Coastal Commission policies and local City requirements will mitigate any impacts on the Coastal Zone (Draft EIR,page 11—27). 8 Impacts Portions of the Coast Trunk Rehabilitation Projects lie between the Santa Ana River and 62nd Street which is within the Corps of Engineers’planning jurisdiction for the Santa Ana River Mainstem Flood Control Project. Findings The proposed Master Plan will be carried out in accordance with any measure required by the Corps of Engineers’ Santa Ana River Mainstem Flood Control Plan.The DISTRICTS will coordinate with the Corps as necessary to fully comply with all requirements. Impacts The Cities of Newport Beach and Costa Mesa have completed an engineering feasibility study for a proposed 3,000 slip marina located along the Santa Ana River from Pacific Coast Highway in Newport Beach to Fairview Park in Costa Mesa. Findings The proposed Coast Trunk Rehabilitation in the Santa Ana River area would be affected by the proposed marina development. Construction of the marina would necessitate an alternative alignment for this portion of the existing Coast Trunk line;however, since the City of Costa Mesa anticipates at least a 15—year time frame between plan design and full government approval,it is not likely that the marina and line rehabilitation would occur jointly. The DISTRICTS will fully coordinate with both cities as needed for the mariiia project should it be necessary (Final EIR,page 20). Impacts The proposed projects will correct existing deficiencies and accomodate planned future growth in accordance with the Master 9 Plans of the City of Newport Beach and the County of Orange. Implementation of these Master Plans projects will not induce growth over and beyond what is anticipated in SCAG’s growth projections. Findings The DISTRICTS find that the proposed projects are necessary to accomodate the development approved by other agencies. The DISTRICTS will coordinate on each project with the affected local agency to determine locations of improvements,construction hours and access. F.Traffic and Circulation Impacts Potential traffic congestion,changes to circulation patterns and traffic control will have a short term impact on the project areas during construction (Draft EIR,page 11—34). Findings The DISTRICTS will closely coordinate with the affected cities and Caltrans on traffic control and traffic patterns.Where possible,alternate construction techniques such as rehabilitation through sliplining or tunneling will be used to minimize traffic impacts (Draft EIR,page 11—36).In addition,efforts will be made to plan construction during winter months to avoid heavy recreational use.With the mitigation measures outlined in the EIR (page 11—36), the traffic impacts can be reduced to a level of insignificance. H.Public Utilities Impacts Potential impacts include disruption to service and interference with other on—going utility projects (Draft EIR, 10 page 11—42,43).The overall projects will decrease electrical consumption by reducing pumping requirements with increased,motor and pumping efficiency (Draft EIR,page 11—43). 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 11—44). 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 ~he 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. A.Impacts to land uses in both 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 Crystal Cove improvements may temporarily impact park usage or create nuisances to park users (Draft EIR,page 11—25). Findings Temporary impacts to park land and open space during construction are an unavoidable effect of project implementation. These impacts are of a temporary nature and will be mitigated to the 11 fullest extent possible.The alignment in the Crystal Cove State Park area is envisioned for construction within Pacific Coast Highway. Should the Crystal Cove Pump Station be located within the park area, the DISTRICTS will coordinate closely with the Department of Parks & Recreation.Upon completion of any project disturbing habitat, revegetation will occur.The Boards of Directors find it infeasible to further mitigate the land use impacts.The projects outlined in the EIR are necessary to accomodate the wastewater flows generated by City and County approved development plans.If the DISTRICTS’ 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 11—15). 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 all rules of the Southern California Air Quality Maintenance District (SCAQMD)Rules regarding fugitive dust emissions (Draft EIR,page 11—15).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 installation of more efficient motors and pumps will help offset some air quality impacts (Draft EIR,page 11—43). 12 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 11—38). 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 segments (e.g.,1 mile)in order to confine the impact,reestablishment of landscaped areas after construction,removal or recontouring of excess earth,revegetation immediately after Project completion and minimal grading of slopes (Draft EIR,page 11—40,41).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. E.Resident wildlife in the vicinity of the Santa Ana River Mouth may experience short—term adverse impacts associated with construction disturbances.Some species can be expected to move to areas of similar habitat at the onset of activity.The work in this area will occur in already disturbed oil field roads thereby minimizing any impact. 13 Following construction,some impacted species 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 jurisdiction of a public agency other than County Sanitation Districts Nos.5 and 6.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 projects and when implemented provides partial mitigation for short—term air quality impacts.The South Coast Air Quality Management Distict is responsible for insuring compliance with and implementation of these rules. B.A Coastal Permit will be required for any construction in the coastal area of Newport Beach or the County of Orange.The Coastal Commission or their delegate is responsible for issuance of the 14 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 local jurisdiction in which the work will take place.The cities of Newport Beach and Costa Mesa will be responsible for grading and construction permits within the city limits.The County Environmental Management Agency will be responsible for construction permits in County areas and any permits which might be required in connection with flood control facilities. 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 area adjacent to the Santa Ana River area will be closely monitored and coordinated by the California Department of Fish &Game,the Corps of Engineers,the Fish &Wildlife Service and the County of Orange. G.Construction affecting Crystal Cove State Park will be coordinated with the State of California Department of Parks and Recreation. 15 5.That the Boards of Directors of County Sanitation Districts Nos.5 and 6 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 on—going development approved by the local zoning authorities. The DISTRICTS are a single purpose agency with the responsibility to collect1 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. B.The Boards of Directors find that implementation of the no project alternative identified in the EIR is infeasible as follows: 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,the sewer system will become unreliable with potential raw sewage back—up in the street and discharge of untreated wastewater to the ocean. 16 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 JUNE 13,1984 17 STATE OF CALIFORNIA) SS. COUNTY OF ORANGE I,RITA J.BROWN,Secretary of the Board of Directors of County Sanitation District Nos.5 and 6 of Orange County,California,do hereby certify that the foregoing Resolution No.84—99 was passed and adopted at a regular meeting of said Boards on the 13th day of June,1984,by the following vote,to wit: District 5 AYES:Evelyn Hart (Chairwoman),Ruthelyn Plummer,Roger Stanton NOES:None ABSENT:None District 6 AYES:James Wahner (Chairman),Evelyn Hart,Roger Stanton NOES:None ABSENT:None IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.5 of Orange County,California,this 13th day of June,1984. Rita J.Brown,Secretary Board of Directors of County Sanitation Districts Nos.‘5 &6 of Orange County,CaJ.ifornia