HomeMy WebLinkAbout92-29 - Final Environmental Impact Report 150u
RESOLUTION NO. 92 -29
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH
CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 150
AND SELECTING A PREFERRED ALTERNATIVE
FOR THE MacARTHUR BOULEVARD WIDENING AND BISON AVENUE EXTENSION
WHEREAS, the City of Newport Beach has been designated Lead Agency for the
proposed realignment and widening of MacArthur Boulevard between Coast Highway and
San Diego Creek, and extension of Bison Avenue between MacArthur Boulevard and
Newport Coast Drive (future San Joaquin Hills Transportation Corridor); and
WHEREAS, in compliance with the California Environmental Quality Act (California
Public Resources Code Sec. 21000 et seq.) and the CEQA Guidelines (Cal. Code of
Regulations Sec. 15000 et seq.), Draft Environmental Impact Report No. 150 was prepared
by the City of Newport Beach, in consultation with the California Department of
Transportation, the City of Irvine, the Transportation Corridor Agencies, the University of
California, Irvine, and other concerned agencies, to address the environmental effects,
mitigation measures, and project alternatives associated with the proposed project; and
WHEREAS, the DEIR was circulated for public comment from December 26, 1991
to February 10, 1992; and
WHEREAS, written comments were received from the public during and after the
review period; and
WHEREAS, the City Council of the City of Newport Beach conducted a public
hearing on April 13, 1992 to receive and consider public testimony with respect to the
proposed project and the DEIR; and
WHEREAS, the City of Newport Beach has prepared Final EIR 150, which contains
the Draft EIR, revisions to the Draft EIR, and comments received along with the City's
0 written responses to such comments as required by CEQA; and
WHEREAS, Section 21002.1 of CEQA and Section 15091 of the CEQA Guidelines
require that the City Council make one or more of the following Findings prior to the
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approval of a project for which an EIR has been completed, identifying one or more
significant effects of the project, along with Statements of Facts supporting each Finding:
FINDING 1: Changes or alterations have been required in, or
incorporated into, the project which mitigate or avoid
the significant environmental effects thereof as identified
in the EIR.
FINDING 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.
FINDING 3: Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives
identified in the EIR; and
WHEREAS, Section 15092 of the CEQA Guidelines provides that the City shall not
decide to approve or carry out a project for which an EIR was prepared unless it has
(A) Eliminated or substantially lessened all significant effects on the
environment where feasible as shown in the findings under Section
15091, and
(B) Determined that any remaining significant effects on the environment
found to be unavoidable under Section 15091 are acceptable due to
overriding concerns as described in Section 15093; and
WHEREAS, Section 15093 (a) of the CEQA Guidelines requires the City Council
to balance the benefits of a proposed project against its unavoidable environmental risks in
determining whether to approve the project; and
WHEREAS, Section 15093 (b) of the CEQA Guidelines requires, where the decision
of the City Council allows the occurrence of significant effects which are identified in the
EIR but are not mitigated, the City must state in writing the reasons to support its action
based on the EIR or other information in the record; and
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WHEREAS, Section 21081.6 of CEQA requires, where an EIR has been prepared
for a project for which mitigation measures are adopted, that a mitigation monitoring or
reporting program be adopted for the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council has reviewed and
• considered and does hereby certify that Final Environmental Impact Report No. 150 for the
MacArthur Boulevard Realignment and Widening and the Bison Avenue Extension is
complete and adequate in that it addresses all known environmental effects of the proposed
project and fully complies with the requirements of the California Environmental Quality
Act and the CEQA Guidelines. Final EIR 150 is comprised of the following elements:
1. Draft EIR 150 and Technical Appendices
2. Comments Received on the DEIR and Responses to those Comments
3. Revisions to the Draft EIR
4. Mitigation Monitoring and Reporting Program
5. City Council Staff Report
All of the above information is on file with the Planning Department, City of
Newport Beach, City Hall, 3300 Newport Boulevard, Newport Beach, California 92659-
1768, (714) 644 -3225.
BE IT FURTHER RESOLVED that the Final EIR contains a reasonable
range of alternatives that could feasibly attain the basic objectives of the project, even when
those alternatives might impede the attainment of other project objectives and might be
more costly.
BE IT FURTHER RESOLVED that although the Final EIR identifies certain
significant environmental effects that will result if the proposed project is constructed, all
feasible mitigation measures that could eliminate or substantially reduce those adverse
effects have been included in the proposed project as described in the Final EIR.
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BE IT FURTHER RESOLVED that the City Council finds and determines
that the project alternative described as follows is hereby approved:
MacArthur Boulevard Alignment M -1 and Bison Avenue Alignment B-
1. A decision on whether or not to construct a bicycle /pedestrian
bridge over MacArthur Boulevard at the extension of Crown Drive and
• a traffic signal at Harbor View Drive will be made by the City Council
after more detailed design studies have been made.
In making this determination, the City Council has balanced the benefits of the project
against its environmental risks, as required by CEQA. Those alternatives and mitigation
measures not incorporated into the project are rejected as infeasible, based upon specific
economic, social and other considerations as set forth in the Statement of Findings and
Facts, attached hereto as Exhibit A, and the Final EIR. The facts listed in support of each
Finding with respect to the significant impacts identified in the Final EIR are true and are
based upon substantial evidence in the record. The unavoidable significant adverse impacts
of the project, as identified in the Statement of Findings and Facts, that have not been
reduced to a level of insignificance will be substantially reduced by the imposition of condi-
tions and mitigation measures. The City Council further finds that the remaining
unavoidable significant impacts are clearly outweighed by the economic, social and other
benefits of the project, as set forth in the Statement of Overriding Considerations (Exhibit
B), incorporated herein by reference. The information contained in the Statement of
Overriding Considerations is true and is supported by substantial evidence in the record.
BE IT FURTHER RESOLVED that the monitoring requirements of Public
Resources Code Sec. 21081.6 (AB 3180 of 1988) will be met through the design of the
project, required compliance with City building, grading, and other codes and ordinances,
and required compliance with the adopted mitigation measures. A Mitigation Monitoring
and Reporting Program for the project is attached as Exhibit C and incorporated herein by
reference.
• BE IT FURTHER RESOLVED that Final EIR 150, the Statement of
Findings and Facts, and the Statement of Overriding Considerations, and all of the
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information contained therein accurately reflect the independent judgement of the City
Council.
ADOPTED THIS 13th day of April • 1992.
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—MAYOR
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Attachments:
Exhibit A: Statement of Findings and Facts
Exhibit B: Statement of Overriding Considerations
Exhibit C: Mitigation Monitoring and Reporting Program
F: \... \JOHN- D \MCARTIIUR \EIR -RESO
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EXHIBIT A
STATEMENT OF FACTS AND FINDINGS
FINAL ENVIRONMENTAL IMPACT REPORT 150
MacARTHUR BOULEVARD/BISON AVENUE
L
• The California Environmental Quality Act (CEQA) and the CEQA
Guidelines (Guidelines) promulgated pursuant thereto provide:
"No public agency shall approve or carry out a project for
which an EIR has been completed 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 sub-
stantially lessen the significant environmental effect
as identified in the Final EIR.
2. Such changes or alterations are within the responsi-
bility 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, social, or other considerations
make infeasible the mitigation measures or project
alternatives identified in the Final EIR" (Section
15091 of the Guidelines).
The Newport Beach City Council has determined that the proposed
project as described below should be approved. Because the proposed
actions constitute a project under CEQA, and the Initial Study deter-
mined that the project could have significant effects on the environment,
the City of Newport Beach has prepared an Environmental Impact Re-
port (EIR). This EIR indicates that there would be significant impacts
as a direct result of the project during construction, and certain signifi-
cant effects would occur on a cumulative basis as a result of the project
in conjunction with other past, present and reasonably foreseeable future
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projects. The Findings and Facts set forth below explain the City's rea-
sons for determining that the project should be approved as proposed.
IL PROJECT DESCRIPTION
1. To minimize existing and forecast vehicular congestion along
• MacArthur Boulevard.
2. To implement improvements to MacArthur Boulevard and Bison
Avenue consistent with the City of Irvine General Plan, the City
of Newport Beach General Plan and the Orange County Master
Plan of Arterial Highways.
3. To provide arterial highway capacity to complement the transpor-
tation functions of the San Joaquin Hills Transportation Corridor
on a long -term basis.
4. To provide improvements to MacArthur Boulevard and Bison
Avenue in order to provide interim transportation capacity if the
San Joaquin Hills Transportation Corridor (SJHTC) is delayed.
S. To improve geometric design, thereby improving the safety of
MacArthur Boulevard.
6. To reduce the noise impacts of MacArthur Boulevard on existing
residences to levels below City and State standards.
7. To improve aesthetics by providing landscaping along developed
portions of MacArthur Boulevard and by partially undergrounding
electrical transmission lines.
8. To construct the missing link of Bison Avenue between MacAr-
thur Boulevard and Newport Coast Drive to provide a direct link
between the University of California, Irvine and the City of New-
port Beach.
9. To improve and encourage bicycle and pedestrian circulation
along and across MacArthur Boulevard and Bison Avenue.
10. To remove MacArthur Boulevard from the 100 -year floodplain
where it crosses Bonita Creek.
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11. To improve wildlife movement along Bonita Creek.
B. PROJECT CHARACTERISTICS
The proposed project consists of improvements to MacArthur Boulevard
(SR -73) between Coast Highway (SR -1) and the San Diego Creek
Bridge, consistent with the General Plans of the cities of Newport Beach
• and Irvine and the Orange County Master Plan of Arterial Highways
(MPAH). The project also includes the construction of Bison Avenue as
a four lane primary highway between MacArthur Boulevard and Newport
Coast Drive, with intersection capacity enhancements per the City of
Irvine concept of augmentation.
The components of the Preferred Project Alternative are described be-
low.
MacArthur Boulevard
Proposed improvements to MacArthur Boulevard are:
• Widen MacArthur Boulevard to six lanes (subject to City of New-
port Beach timing restrictions) between Coast Highway and Ford
Road;
• Widen MacArthur Boulevard to eight lanes between Ford Road
and the San Joaquin Hills Transportation Corridor ( SJHTC);
• Realign the existing MacArthur Boulevard between the SJHTC
and San Diego Creek.
Two Build Alternatives for MacArthur Boulevard (M -1 and M -2) that
follow different alignments between Bison Avenue and the San Diego
Creek Bridge were considered. Alternative M -1, which consists of a
grade separation over Newport Coast Drive, is the approved alternative
for MacArthur Boulevard.
Bison Avenue
Two alternatives for the construction of Bison Avenue (B -1 and B -2)
were considered in the EIR. Alternative B -1, which is the approved
alternative for Bison Avenue, consists of construction of an augmented
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four lane arterial on its ultimate alignment between MacArthur Boule-
vard and Newport Coast Drive, inclusive of a bridge over Newport Coast
Drive. Alternative B -1 is consistent with regional and local plans.
IR ENVIRONMENTAL EFFECTS DETERMINED NOT TO BE SIGNIFICANT
OR MITIGATED TO A LESS THAN SIGNIFICANT LEVEL
• A. Geology /Sods
,1.
The project's potential impacts on geology, soils and landform that can
be mitigated or are otherwise not significant are discussed in Section 4.1
of the Final EIR. No geologic hazards occur on the site that would
preclude project development. Geologic and landform impacts of the
project include: 1) up to 40 feet of fill in locations adjacent to the Mac-
Arthur Boulevard crossing of Upper Big Canyon Creek and along the
proposed Bison Avenue segment; 2) approximately 226,000 cubic yard of
cut and 823,000 cubic yards of fill to construct the Preferred Alternative;
and 3) the presence of unstable slopes and erodible soils.
Findings
1. Changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the potential
significant environmental effects identified in the Final EIR.
2. Although the effects identified in the Final EIR have been re-
duced to the extent feasible, cumulative landform impacts remain
significant and unavoidable on a regional basis. Significant un-
avoidable effects of the project are discussed in Section IV. A
Statement of Overriding Considerations is provided for these
effects in Attachment B. All other geology /soils effects identified
in the Final EIR have been determined not to be significant.
Facts in Support of Findings
The potential impacts from these geologic and soils conditions have been
eliminated or substantially lessened to a level less than significant by
virtue of project design considerations and the mitigation measures iden-
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tified in the Final EIR, and incorporated into the project. The mitiga-
tion measure is as follows:
1 -1 "Adherence to design standards required by Caltrans, City of
Newport Beach, and City of Irvine will ensure that the project will
not have significant adverse impacts resulting from geology /soils
conditions. Note that slope erosion control planting is addressed
by mitigation measures under construction impacts. No additional
mitigation measures are necessary."
• No significant geologic constraints or landform features occur on the
project site.
None of the topographic changes resulting from the project exceed 50
feet of cut or fill, and none are considered significant.
No active faults occur along the project site.
Caltrans (for MacArthur Boulevard) and City of Irvine (for Bison Ave-
nue) design standards include design measures that ensure the construc-
tion of seismically safe roads and structures.
,y
F71771TIPIW I / M
The project's potential hydrology and water quality impacts that can be
mitigated or are otherwise not significant are discussed in Section 4.2 of
the Final EIR. The Preferred Alternative will cross Bonita Creek and
impact nine local drainage crossing culverts. The proposed project will
encroach into the 100 -year flood zone at the crossing of Bonita Creek.
Vehicular pollution from the project will enter downstream drainages.
Ff ukW
1. Changes or alterations have been required in, or incorporated
into, the project that substantially lessen the potential significant
environmental effects identified in the Final EIR.
2. Although the effects identified in the Final EIR have been re-
duced to the extent feasible, cumulative water quality impacts
remain significant and unavoidable on a regional basis. Signifi-
cant unavoidable effects of the project are discussed in Section IV.
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A Statement of Overriding Considerations is provided for these
effects in Attachment B. All other hydrology effects identified in
the Final EIR have been determined not to be significant.
Facts in Support of Findings
The potential impacts from these runoff conditions have been eliminated
or substantially lessened to a level less than significant by virtue of pro-
ject design considerations and the mitigation measures identified in the
Final EIR, and incorporated into the project. The mitigation measures
are as follows:
2 -1 "As part of the final design process for MacArthur Boulevard
and /or Bison Avenue, a Runoff Management Plan (RMP) shall
be provided that meets Orange County NPDES standards and
permit requirements.
2 -2 "The project shall adhere to required Caltrans hydrology standards
(for MacArthur Boulevard) and City of Irvine hydrology standards
(for Bison Avenue).
2 -3 'Prior to approval of PS &E, a Best Management Practices Plan
shall be approved by the Director of Public Works, City of New-
port Beach, and /or the Director of Community Development, City
of Irvine. This plan shall be incorporated into the specifications
of the project."
The Preferred Alternative for MacArthur Boulevard will include con-
struction of a new bridge over Bonita Creek, thereby removing the road-
way from the 100 -year floodplain.
The Preferred Alternative for Bison Avenue will include placing a bridge
over Bonita Canyon Wash, thereby removing the roadway from the 100
year floodplain.
New federal National Pollutant Discharge Elimination System ( NPDES)
laws will require that all urban runoff be pollutant free, and that individ-
ual projects be subject to federal permit and regulation requirements.
Under an NPDES Stormwater Permit, the County of Orange requires the
project to implement Best Management Practices (BMP).
The proposed improvements will have a negligible net effect on water
quality, because build out traffic volumes with or without the project will
neither increase nor decrease.
M
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The condition of the biological resources of the site and project effects
that are not potentially significant are discussed in Section 4.3 of the
Final EIR. The Preferred Alternative for MacArthur Boulevard will
impact approximately 0.67 acres of wetland and 18.8 acres of California
gnatcatcher habitat. The Preferred Alternative for Bison Avenue will
• impact approximately 0.2 acres of riverine habitat and 2.0 acres of gnatc-
atcher habitat. The Preferred Alternative for both MacArthur Boulevard
and Bison Avenue will bridge over Bonita Creek, leaving an open chan-
nel that will facilitate wildlife movement.
Findings
1. Changes or alterations have been required in, or incorporated
into, the project that substantially lessen the potential significant
environmental effects identified in the Final EIR.
2. Although the effects identified in the Final EIR have been re-
duced to the extent feasible, cumulative impacts to biological
impacts remain significant and unavoidable on a regional basis.
Significant unavoidable effects of the project are discussed in
Section IV. A Statement of Overriding Considerations is provided
for these effects in Attachment B. All other biological effects
identified in the Final EIR have been determined not to be signif-
icant.
Facts in Support of Findings
The potential impacts to biological resources will be eliminated or sub-
stantially lessened to a level less than significant by virtue of project
design considerations and the mitigation measures identified in the Final
EIR, and incorporated into the project. The mitigation measures are as
follows:
3 -1 "There will be no net loss of wetlands. Impacts to wetlands will
be mitigated through creation of an equal amount of new wetland
habitat at San Joaquin Marsh through participation in the ongoing
wetland mitigation program there. The project proposes to use
the previously created wetlands in the 'Small Area Mitigation
(SAM) Site' mitigation bank. The mitigation location is shown in
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Figure 4.3.1 of the Final EIR; allocation of wetland acreages
within the SAM site are shown in Figure 4.3.2 of the Final EIR.
These newly created wetlands are of greater value than the isolat-
ed patches along MacArthur Boulevard because of their connec-
tion to a large contiguous patch of habitat.
3 -2 "Loss of occupied California gnatcatcher habitat (saltbush scrub,
in this case) and cactus wren habitat (opuntia patches) will be
mitigated through the planting of saltbush scrub and /or coastal
• sage scrub species, including opuntia patches, on an acre for acre
basis within five miles of the project. Such planting shall be com-
pleted prior to the removal of the habitat. Alternatively, the
mitigation may be accomplished through participation in the
Habitat Conservation Plan (HCP) currently under development
for the California gnatcatcher.
3 -3 "Wildlife movement through Big Canyon at MacArthur Boulevard
will be maintained by extending the existing underpass to allow
free coyote movement."
The project is also required to consult with the California Department of
Fish and Game (1601/1603 Agreement), the U.S. Army Corps of Engi-
neers and the U.S. Fish and Wildlife Service (404 Permit) and incorpo-
rate resulting measures for reducing impacts to streambeds and waters of
the U.S. into the project.
D. CulturatIScientifrc Resources
The project's potential impacts to cultural /scientific resources that can be
mitigated or are otherwise not significant are discussed in Section 4.4 of
the Final EIR. Unknown buried archaeological remains, if present, may
be uncovered during grading. Indirect impacts to historical resources due
to encroachment into the parking lot of the Urbanus Square buildings
will occur. Recorded fossil localities will be directly impacted by the
project. A high potential for discovering additional fossil remains during
grading exists.
RW1..
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1. Changes or alterations have been required in, or incorporated
into, the project that substantially lessen the potential significant
environmental effects identified in the Final EIR.
2. The effects identified in the Final EIR have been determined not
to be significant.
• Facts in Support of Fi tXW
The potential impacts to cultural /paleontological resources have been
eliminated or substantially lessened to a level less than significant by
virtue of project design considerations and the mitigation measures iden-
tified in the Final EIR, and incorporated into the project. The mitiga-
tion measures are as follows:
4 -1 "New parking facilities shall be constructed to replace parking
space taken by the widening of MacArthur Boulevard. This would
facilitate continued commercial use of the buildings. These park-
ing spaces shall be constructed prior to the removal of existing
spaces, and shall be funded by the agency that funds the adjacent
roadway widening. This mitigation measure will not apply if the
structures are removed to accommodate the Ford Road realign-
ment.
4 -1a "A Master Landscape Plan shall be prepared for the MacArthur
Boulevard frontage of the Lange Financial Plaza. This Master
Plan shall be prepared by a licensed landscape architect with
experience in dealing with historic structures. The landscaping
shall act as a visual buffer between the roadway and the struc-
tures. The Plan shall be prepared prior to approval of Plans,
Specifications and Estimates for the MacArthur Boulevard pro-
ject, and shall be reviewed and approved by the Director of Com-
munity Development, City of Irvine. The Master Landscape Plan
shall be implemented within 120 days of the completion of any
widening of MacArthur Boulevard that impacts the site. This
improvement, which shall be funded by the agency that funds the
adjacent roadway widening, will not be required if the buildings
are removed through other actions.
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4 -2 'Prior to the issuing of a grading permit, an Orange County certi-
fied archaeologist shall be retained to monitor the grading across
the project area. The archaeologist shall be present at the pre -
grading conference, at which time monitoring procedures will be
established, including procedures for halting or redirecting work
to permit the assessment and possible salvage of unearthed cultur-
al material.
4 -3 "A pre -grade reconnaissance of the area shall be made by a quali-
fied paleontologist to assess whether any significant fossils current-
ly are exposed. Any fossils observed and deemed significant shall
be salvaged.
4 -4 "A qualified paleontologist shall be retained to monitor and, if
necessary, salvage scientifically significant fossil remains.
4 -5 "The paleontologist shall have the power to temporarily divert or
direct grading efforts to allow the evaluation and any necessary
salvage of exposed fossils.
4 -6 "Monitoring shall be on a full -time basis during grading in geolog-
ic units of high paleontologic sensitivity because of the number of
recorded localities directly impacted and those exposed very near
the project.
4 -7 'Paleontologic monitoring in units of moderate sensitivity requires
part-time monitoring. Should significant fossils be observed dur-
ing grading in these units, full -time monitoring may be required.
4 -8 "All collected fossils shall be donated to the Orange County Natu-
ral History Foundation, on a first right of refusal basis.
4 -9 "A final report summarizing findings, including an itemized inven-
tory and contextual stratigraphic data, shall accompany the fossils
to the designated repository, with an additional copy sent to the
appropriate Lead Agency."
Participation of a qualified archaeologist and a qualified paleontologist in
the grading process has proven to be an effective method for identifying
undiscovered resources and avoiding unanticipated destruction of such
resources.
In addition to replacement of parking spaces removed by the project at
the Urbanus Square buildings, the project will provide landscaping along
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the east side of the right -of -way to serve a visual buffer between MacAr-
thur Boulevard and the buildings.
There is a potential that a separate project (Ford Road Realignment)
could remove and relocate the Urbanus Square buildings prior to con-
struction of the project, in which case no impacts to these historical
resources due to the project would occur.
• E Land Use/Relevant Plmuilg
' , . N7. "I, o // I (.tl.
The project's potential impacts to land use and relevant planning pro-
grams that can be mitigated or are otherwise not significant are discussed
in Section 4.5 of the Final EIR.
a
1. No potentially significant environmental effects to land use or
relevant planning programs were identified in the Final EIR.
Facts in Supper of FinduW
The project will not result in any direct land use compatibility impacts to
either existing or planned land uses. Land use compatibility is also
linked to other potentially significant environmental impacts, including
air quality, noise and visual impacts. Please refer to the Sections III -G
(Air Quality), III -H (Noise) and III -I (Aesthetics) for a separate discus-
sion of each of these impacts.
The improvements proposed by the project are identified in, and consis-
tent with, the relevant planning documents for each of the affected juris-
dictions, and therefore is inherently compatible from a land use perspec-
tive.
F. CircukUion/Parking
Potential Impacts
The project's potential impacts to traffic and parking that can be mitigat-
ed or are otherwise not significant are discussed in Section 4.6 of the
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Final EIR. Traffic congestion in the project area is expected to worsen
by 1995 and post 2010. The Preferred Alternative will provide sufficient
capacity by the year 2010 to meet the County Congestion Management
Plan (CMP) and Measure M standards of Level of Service D for inter-
sections and links. Transit facilities are needed along MacArthur Boule-
vard. The project will displace approximately 50 to 80 existing parking
spaces at the Lange Financial Plaza.
• FbmUnp
1. Changes or alterations have been required in, or incorporated
into, the project that substantially lessen the potential significant
environmental effects identified in the Final EIR.
2. The effects identified in the Final EIR have been determined not
to be significant.
Fads in Support of Finding
The potential impacts to circulation and parking have been eliminated or
substantially lessened to a level less than significant by virtue of project
design considerations and the mitigation measures identified in the Final
EIR, and incorporated into the project. The mitigation measures are as
follows:
6 -1 'Prior to the approval of Plans, Specifications and Estimates, a
parking replacement program will be prepared and implemented
for the Lange Financial Plaza consistent with City of Irvine park-
ing requirements. (Refer also to the mitigation measure in Sec-
tion III -D, Cultural Resources).
6 -2 'Prior to the approval of Plans, Specifications and Estimates, a
transit access plan shall be prepared. This plan shall identify
appropriate bus stop, bus turnout and bus shelter locations, along
with access routes to employment centers and shall be reviewed
by the City of Irvine."
The proposed improvements will result in an overall circulation benefit.
As envisioned by the relevant planning documents by the local jurisdic-
tions, the project will reduce future congestion in the area that would
otherwise occur without the project.
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The project will also provide the opportunity to construct transit facilities
along the alignment.
G. Air Quality
/ 9 0171 FWWJ / /YA
The project's potential air quality impacts that can be mitigated or are
• otherwise not significant are discussed in Section 4.7 of the Final EIR.
Compared to the No Build Alternative, the widening of MacArthur Bou-
levard is likely to result in a local reduction in overall air pollutant emis-
sions, although this reduction will be unmeasurable on a regional basis.
The extension of Bison Avenue will also slightly reduce regional emis-
sions.
1
1. No potentially significant environmental effects to air quality were
identified in the Final EIR.
Facts in Support of Findings
By complying with Regional Mobility Plan, the project will not result in
any potential air quality impacts. The following mitigation measure will
ensure this compliance:
7 -1 "The project shall be in conformity with the AQMP, CAA, and
ARB regulations, and included in the Regional Mobility Plan
(RMP). An amendment to the RMP designating the width of
MacArthur Boulevard to be consistent with the MPAH shall be
sought"
The AQMP provides for attainment of air quality standards through new
vehicle controls already enacted, and by transportation management
controls such as jobs /housing balance. The project is consistent with the
Regional Mobility Plan (RMP) policies of the AQMP.
Traffic generated by the project will not exceed the federal and State
standards for carbon monoxide.
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H. Noise
VVIT71TI , MAZ
The project's potential noise impacts that can be mitigated or are other-
wise not significant are discussed in Section 4.8 of the Final EIR. Four
sensitive receptors along the proposed project will continue to approach
or exceed federal and /or local noise abatement criteria with or without
the project.
U
1. Changes or alterations have been required in, or incorporated
into, the project that substantially lessen the potential significant
environmental effects identified in the Final EIR.
2. The effects identified in the Final EIR have been determined not
to be significant.
Fads u Support of Findings
The potential noise impacts have been eliminated or substantially less-
ened to a level less than significant by virtue of project design consider-
ations and the mitigation measures identified in the Final EIR, and
incorporated into the project. The mitigation measures are as follows:
8 -1 'Noise walls will be provided as part of the project for the existing
residences in the vicinity of Receptors R5, R9, R16 and R17,
which will be exposed to noise levels that exceed federal and local
criteria."
8 -2 "If the avoidance of view restrictions is an important consideration
for the residents of homes where noise walls have been recom-
mended, transparent walls may be considered. Final decisions on
noise walls will be developed jointly with the residents."
The noise abatement criteria established by the federal government and
local jurisdictions are scientific thresholds of significance of noise impacts
to humans.
The No Build Alternative would result in slightly higher noise levels, and
two additional receptors would exceed the CNEL threshold criteria,
requiring noise attenuation.
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L Aesthetics
Potential Impacts
The project's potential visual /aesthetic impacts that can be mitigated or
are otherwise not significant are discussed in Section 4.9 of the Final
EIR. The project will increase the amount of asphalt concrete visible
from some adjacent properties. The proposed bicycle /pedestrian overcr-
• ossing linking Newport Center with Harbor View Hills will obstruct some
south and southwesterly ocean views. The 30 foot crib wall near the
Baywood Apartments will be visible from some of the apartments and
several single family homes in the neighborhood. The bridge over Bonita
Canyon will be visible from Newport Coast Drive and the SJHTC and
create night lighting.
Fbufi s
1. Changes or alterations have been required in, or incorporated
into, the project that substantially lessen the potential significant
environmental effects identified in the Final EIR.
2. Although the effects identified in the Final EIR have been re-
duced to the extent feasible, cumulative visual /aesthetic effects
remain significant and unavoidable on a regional basis. A State-
ment of Overriding Considerations is provided for these effects in
Attachment B.
Facts in Support of Findmmgc
The potential visual /aesthetic impacts have been substantially lessened to
the greatest extent feasible by virtue of project design considerations and
the mitigation measures identified in the Final EIR, and incorporated
into the project. The mitigation measures are as follows:
9 -1 "During final design, a landscaping plan shall be prepared by a
licensed landscape architect. The plan shall be designed to ensure
compatibility with existing landscaping and soften the visual im-
pact of the crib wall north of San Joaquin Hills Road, using native
species where feasible. Neither the mature height nor the place-
ment of the tree clumps and accent trees shall interfere with exist-
ing views of the ocean horizon and Newport Harbor from the
southbound lanes of MacArthur Boulevard south of San Joaquin
A -15
Hills Road or from homes east of MacArthur Boulevard and
south of San Joaquin Hills Road.
9 -2 "To protect existing adjacent uses from possible light and glare
impacts, hooded lights will be used in the project area to limit
light impacts upon surrounding land uses. These lights shall be
directed towards activities on the roadways.
9 -3 "Final design shall utilize variable slope ratios and slope rounding
• techniques to improve the aesthetics of the project grading.
9 -4 "As structurally feasible, any proposed bicycle /pedestrian overcro-
ssing linking Newport Center with Harbor View Hills shall be
constructed of materials that will minimize the visual impacts to
surrounding areas. In selecting the materials, the project propo-
nent shall consider the colors and materials of existing architectur-
al and landscape features. (This measure will apply only if con-
struction of the bicycle /pedestrian bridge is pursued.)
9 -5 "Existing electrical transmission lines will be undergrounded from
Coast Highway to San Miguel Drive as part of the project."
The proposed landscaping will provide visual continuity with the existing
landscaping in adjacent areas, will enhance degraded slopes adjacent to
the roadway in Segments C and D and will provide screening of the
roadway from adjacent residential communities.
Undergrounding the transmission lines in Segments A and B will substan-
tially improve the views from adjacent homes and southbound motorists.
Lowering the roadway in Segments A and B will reduce visibility of
passing trucks on MacArthur Boulevard from adjacent residences.
7. Hazardous Waste/Materials
Potential Impacts
The project's potential hazardous waste /materials impacts that can be
mitigated or are otherwise not significant are discussed in Section 4.10 of
the Final EIR. Although no recorded hazardous waste /materials sites
will be affected by the proposed project, previously unidentified hazard-
ous waste /materials may be encountered during construction.
A -16
Ft uUw
1. Changes or alterations have been required in, or incorporated
into, the project that substantially lessen the potential significant
environmental effects identified in the Final EIR.
2. The effects identified in the Final EIR have been determined not
to be significant.
is Fads ut Support of Fmd wp
The potential hazardous waste /materials impacts of the project have
been eliminated or substantially lessened to a level less than significant
by virtue of project design considerations and the mitigation measures
identified in the Final EIR, and incorporated into the project. The miti-
gation measures are as follows:
10 -1 "If unknown waste /materials or an underground tank that the con-
tractor believes may involve hazardous waste /materials are discov-
ered during construction, the contractor shall:
1. Immediately stop work in the vicinity of the sus-
pected contaminant, remove workers and the public
from the area;
2. Notify the Project Engineer;
3. Secure the area as directed by the Project Engineer;
and
4. Notify the Caltrans Hazardous Waste /Materials
Coordinator (HWC).
In accordance with the Caltrans Hazardous Waste /Materials
Management Handbook, the HWC shall follow procedures for site
assessment, initiate coordination with local, State, and regulatory
agencies as required, and shall take remedial action as appropri-
ate."
10 -2 "The contractor shall identify all underground hazardous pipelines
in the field prior to construction in order to locate any facilities
and reduce the potential risk of accidental rupture.
A -17
10 -3 "Any identified hazardous waste /materials shall be handled and
disposed of in the manner specified by the State of California
Hazardous Substances Control Law (Health and Safety Code
Division 20, Chapter 6.5) standards established by the California
Department of Health Services, Office of Statewide Health Plan-
ning and Development, and according to the requirements of the
California Administrative Code, Title 30, Chapter 22."
• K Public Services and Utilities
Potential Impacts
The project's potential impacts to public services and utilities that can be
mitigated or are otherwise not significant are discussed in Section 4.11 of
the Final EIR. The project will result in an incremental increase in
police and fire protection. Construction of the project could disrupt
service from the following existing utilities: electricity, telephone, water,
cable and sewer.
Findings
1. Changes or alterations have been required in, or incorporated
into, the project that substantially lessen the potential significant
environmental effects identified in the Final EIR.
2. The effects identified in the Final EIR have been determined not
to be significant.
Facts in Support of FmduW
The potential impacts to public services and utilities have been eliminat-
ed or substantially lessened to a level less than significant by virtue of
project design considerations and the mitigation measures identified in
the Final EIR, and incorporated into the project. The mitigation mea-
sures are as follows:
11 -1 "Prior to the approval of the final Plans, Specifications and Esti-
mates (PS &E), a Utility Protection and Relocation Plan shall be
prepared and approved by the City Engineer of the City of Irvine
and /or the City of Newport Beach for implementation with the
project. The plan shall detail the following:
1. Any project impacts to existing utilities.
2. Appropriate means to mitigate any identified im-
pacts. Such means may include protection of the
utility in place or relocation, as appropriate.
This program shall be implemented during project construction."
All utility and service agencies affected by the project have been notified
of the project.
• Preparation of the Utility Protection and Relocation Plan will involve
coordination with each utility and service agency affected by the project.
tomm, #a"h.
The project's potential construction impacts that can be mitigated or are
otherwise not significant are discussed in Section 4.12 of the Final EIR.
The proposed project will result in a temporary increase in truck activity,
fugitive dust and combustion emissions, noise, soils erosion, fire potential
and view disruption. Traffic detours or delays may occur during the
construction period.
FbuUn&c
1. Changes or alterations have been required in, or incorporated
into, the project that substantially lessen the potential significant
environmental effects identified in the Final EIR.
2. Although the effects identified in the Final EIR have been re-
duced to the extent feasible, short -term construction effects re-
main significant and unavoidable. A Statement of Overriding
Considerations is provided for these effects in Attachment B.
Facts in Support of Fbuib c
The potential construction impacts have been substantially lessened to
the extent feasible by virtue of project design considerations and the
mitigation measures identified in the Final EIR, and incorporated into
the project. The mitigation measures are as follows:
A -19
12 -1 "During clearing, grading, earth moving, excavation, and construc-
tion:
Fugitive dust shall be controlled by regular watering, pav-
ing construction roads, or other dust preventive measures
as defined in SCAQMD Rule 403;
Equipment engines shall be maintained in proper tune; and
• Construction shall be discontinued during second stage
smog alerts.
12 -2 "After clearing, grading, earth moving or excavation:
Seeding and watering shall be performed until vegetation
cover is grown;
Soil binders shall be spread;
Areas shall be wet down sufficient to form a crust on the
surface, with repeated soakings, as necessary, to maintain
the crust and prevent dust pickup by the wind; and
Street sweeping shall be performed in those areas where
excessive dust would be carried over to adjacent public
thoroughfares."
12 -3 "Contractors shall comply with all applicable City of Irvine, City of
Newport Beach and County sound control and noise level require-
ments, regulations and ordinances, inclusive of ordinances limiting
hours of construction.
12 -4 "Caltrans' standard specifications specifically state that each in-
ternal combustion engine used for any purpose on the project or
related to the project shall be equipped with a muffler of a type
recommended by the manufacturer. No internal combustion
engine shall be operated on the project without a muffler.
12 -5 "Caltrans and City of Irvine and Newport Beach noise level re-
quirements shall apply to all equipment on the project or related
to the project including, but not limited to, trucks, transit mixers
or transient equipment. The use of loud sound signals shall be
avoided in favor of warning lights, except those required by safety
laws for the protection of personnel.
A -20
12 -6 "Construction planning shall group noisy operations to avoid con-
tinuing periods of greater annoyance.
12 -7 "Haul routes and construction staging areas for construction e-
quipment and construction related vehicles shall be located away
from existing residential and other sensitive land uses, where
feasible.
12 -8 "Where feasible, noise barriers required by Mitigation Measure 8-
• 1 shall be constructed prior to construction to mitigate roadway
construction noise impacts.
12 -9 "Temporary mulching, seeding, landscaping, permanent erosion
control or other suitable stabilization measures shall be used to
protect exposed areas during and after construction or other land
disturbance, and shall be noted on project plans.
12 -10 "All project related grading shall be performed in accordance with
standards and criteria specified in the Caltrans' Highway Design
Manual and the City of Irvine and City of Newport Beach Grad-
ing Ordinance and standard practices, along with construction
Best Management Practices (BMP), to reduce water quality im-
pacts.
12 -11 "Prior to approval of final design, an erosion and siltation control
plan shall be prepared and submitted for review by the Santa Ana
Regional Water Quality Control Board.
12 -12 "Approved erosion and sediment control devices shall be installed
at all grading and filling sites during construction.
12 -13 "Earthen or paved interceptors and diversions shall be installed at
the top of cut or fill slopes where there is a potential for surface
runoff onto constructed slopes.
12 -14 '"Temporary fills placed against watercourses shall have suitable
protection against erosion during storm flows, such as riprap,
protective walls and culverts.
12 -15 "Excavated materials shall not be temporarily deposited or stored
in or alongside watercourses where the materials can be washed
away by high water or storm runoff.
12 -16 "Stockpiled excavated materials shall be protected so as not to be-
come a source of sediment.
A -21
12 -17 "Two weeks advance notice of temporary traffic disruptions shall
be provided to affected areas, emergency services, businesses and
the public. Traffic management plans for handling for normal and
emergency traffic during construction shall be prepared during
final design of the project with input and approval of the local
jurisdictions in which the traffic detours and delays may occur.
12 -18 'Two weeks advance notice of temporary closure of on- street side-
walks, riding and hiking trails, and on- street bicycle lanes that may
• be disrupted during project construction shall be provided.
"A detour plan shall be submitted to the City of Irvine for approv-
al as part of the Plans, Specifications and Estimates document.
The plan shall indicate proposed detour routes for on- street bicy-
cle trails and equestrian/hiking trails.
12 -19 "A phasing plan, analyzing traffic flow during any proposed phased
construction, shall be prepared prior to the first construction pro-
ject. This phasing plan shall be reviewed by all affected local
jurisdictions (City of Irvine and City of Newport Beach)."
South Coast Air Quality Management District (SCAQMD) Rule 403 has
been designed to that compliance with the provisions will reduce fugitive
dust to the extent feasible.
The County of Orange and cities of Irvine and Newport Beach have
found that the most effective method of controlling construction noise is
through control of construction hours. These jurisdictions have adopted
Noise Ordinances to ensure that noise impacts from construction activi-
ties are alleviated.
IV. SIGNIFICANT ENVIRONMENTAL EFFECTS THAT CANNOT BE
AVOIDED IF THE PROJECT IS IMPLEMENTED
Significant Effects
Development of the proposed project will result in the following signifi-
cant unavoidable adverse environmental effects:
Short-term impacts due to highway construction (i.e., noise, dust,
traffic congestion, soil erosion).
Contribution to cumulative landform modification due to urban-
ization of the area.
A -22
Contribution to cumulative impacts to biological resources that
can be only partially mitigated, including loss of habitat, elimina-
tion of individuals of animal species, disruption of predator /prey
relationships, decrease in species variety and decrease in total
number of habitable acreage.
Contribution to cumulative visual changes in the environment
from a rural to urban character.
• Findings
1. Changes or alterations have been required in, or incorporated
into, the project that substantially lessen the significant
environmental effects identified in the Final EIR.
2. Specific economic, social or other considerations make infeasible
the project alternatives identified in the Final EIR that would
avoid or substantially lessen the significant environmental impacts.
Facts m Support of Findlnp
The significant effects described above have been substantially reduced
to the extent feasible by changes in project design and mitigation mea-
sures identified in the Final EIR and incorporated into the project (refer
to Sections III -A, C, I and L).
Compliance with the City's Noise Ordinance is intended to reduce con-
struction noise to the maximum extent feasible.
Although the project will contribute to a significant cumulative impact to
landform, biological resources and visual character in the area, the pro-
ject- specific impacts are mitigated to a level below significance.
V. ALTERNATIVES TO THE PROPOSED PROJECT
Alternatives to the project are discussed in Chapter 3 and Chapter 4 (No
Build Alternative) of the Final EIR. The City has considered the project
alternatives identified in the EIR in approving the project, and makes the
following findings with respect to those alternatives.
A -23
A. No Build Altemative
The No Build Alternative assumes that none of the improvements to
MacArthur Boulevard or Bison Avenue would occur on the site. MacAr-
thur Boulevard would remain in its existing LOS F condition, with inter-
sections at Newport Coast Drive and San Miguel Drive expected to
operate at unacceptable levels by 2010.
• Fording
Specific economic, social or other considerations make infeasible the No
Build Alternative identified in this EIR.
Fads in Support of FordbW
The No Project Alternative would avoid most of the potential impacts
that can be mitigated to a level of insignificance identified with the pro-
ject. The No Build Alternative would also avoid the construction and
cumulative landform, aesthetic and biological impacts that cannot be
mitigated to a level of insignificance. However, the No Build Alternative
would result in the following adverse impacts:
1. Implementation of the County of Orange, City of Irvine and City
of Newport Beach land use /circulation goals would not occur as
envisioned in the County's Master Plan of Arterial Highways and
cities' General Plans. No improvements would be inconsistent
with these planning documents.
2. Levels of service on MacArthur Boulevard would continue to
decline with further implementation of the jurisdictions' General
Plans.
3. A slight increase in air pollution, both locally and regionally,
would occur due to increased congestion without the improve-
ments.
4. Slightly higher noise levels would result, including two additional
receptors that would exceed the CNEL threshold criteria and
would require noise attenuation.
5. The No Build Alternative fails to achieve the following project
objectives:
M0
a. Improve traffic conditions by reducing existing and future
traffic congestion along MacArthur Boulevard.
b. Implement General Plan facilities.
C. Provide long -term arterial capacity to support the San
Joaquin Hills Transportation Corridor.
d. Provide interim improvement prior to the completion of
• the San Joaquin Hills Transportation Corridor.
e. Upgrade the design of MacArthur Boulevard to current
Caltrans design standards.
f. Provide setbacks that will reduce existing noise impacts to
residences to levels consistent with City and State stan-
dards.
g. Construct the missing link of Bison Avenue between
MacArthur Boulevard and Newport Coast Drive, thereby
also providing a more direct path to the UCI campus en-
trance.
h. Improve bicycle and pedestrian facilities to City standards
and provide bicycle and pedestrian access to UCI.
L Remove MacArthur Boulevard from the 100 -year flood -
plain.
j. Improve wildlife movement along Bonita Canyon Creek.
Although the No Build Alternative eliminates many of the project's
potential environmental impacts, this alternative results in adverse im-
pacts of its own, and fails to achieve the basic objectives of the project.
The No Build Alternative is therefore rejected as infeasible.
R M -2 and B -2 AltwudWes
Alternative alignments and designs to both the MacArthur Boulevard im-
provements (M -2) and the Bison Avenue improvements (B -2) were ana-
lyzed in the EIR. The M -2 Alternative to MacArthur Boulevard is the
same as the Preferred Alternative (referred to as M -1 in the EIR) be-
tween Coast Highway and Bison Avenue. Between Bison Avenue and
San Diego Creek, Alternative M -2 would leave MacArthur Boulevard on
A -25
its present alignment between Bison and San Diego Creek and improve
the existing at -grade MacArthur Boulevard /Newport Coast Drive inter-
section by constructing a triple left turn lane.
Alternative B -2 for Bison Avenue would construct Bison Avenue as a two
lane interim alignment between MacArthur Boulevard and Newport
Coast Drive, with an at- grade, signalized intersection at Newport Coast
Drive. Alternative B -2 would only be appropriate if: 1) Alternative M -1
(Preferred Alternative) for MacArthur Boulevard was constructed, and 2)
no funds were available to complete the realignment and widening of
Bison Avenue on the UCI Campus to match Alternative B -1 (Preferred
Alternative).
ICJ
The M -2 and B -2 Alternatives identified in this EIR would not substan-
tially lessen or avoid significant adverse environmental impacts of the
project. In addition, consistent with the findings in Section III, mitigation
measures that substantially reduce environmental impacts have been
incorporated into the proposed project.
Facts in Support of Finding
By including the same improvements as the Preferred Alternative be-
tween Coast Highway and Bison Avenue, the M -2 and B -2 Alternatives
would result in the same environmental impacts as the proposed project.
By altering the design and /or alignments between Bison Avenue and San
Diego Creek, this alternative would result in some additional impacts and
would lessen the significance of other impacts as described below.
Geology /Soils
Alternatives M -2 and B -2 would require less earthwork than the Pre-
ferred Alternative. Approximately 55,000 cubic yards less of cut and
478,000 cubic yards less of fill would be required with M -2 compared to
M -1. Approximately 25,000 more cubic yards of cut and 120,000 cubic
yards less of fill would be required with B -2 compared to B -1.
F.Wc
Hydrology
Unlike the Preferred Alternative, Alternative M -2 would not impact
Bonita Creek. Alternative B -2 would impact Bonita Creek by alteration
of the streambed or embankment, compared to the Preferred Alternative
that would construct a bridge over Bonita Creek. In addition, Alterna-
tive M -2 would not remove MacArthur Boulevard from the 100 year
floodplain. Alternative B -2 would place the interim alignment of Bison
Avenue within the 100 year floodplain. Comparatively, the Preferred
• Alternative will provide 100 year flood protection for all segments.
Alternative M -2 would require filling of approximately 0.63 acres of
wetland compared to the 0.67 acres of filled wetlands with the Preferred
Alternative. Alternative B -2 would impact 0.25 acres of riverine habitat,
compared to the 0.20 acres impacted by the Preferred Alternative.
The M -2 and B -2 Alternatives would impact less acreage of gnatcatcher
habitat that the Preferred Alternative. Compared to the 20.8 acres im-
pacted by the Preferred Alternative, M -2 and B -2 would impact 4.6 acres,
a difference of 16.2 acres.
Alternative M -2 would not provide a wildlife movement corridor along
Bonita Creek as the Preferred Alternative does. Alternative B -2 would
restrict wildlife movement along the Bonita Creek Corridor to some
degree, although there would still be a net improvement over the existing
condition.
Cultural Resources
Impacts to cultural resources would be the same for Alternatives M -2
and B -2 as the Preferred Alternative.
Land Use /Relevant Planning
Alternative B -2 would be consistent with the City of Irvine General Plan
Circulation Element only if it is viewed as an interim step towards the
ultimate project.
Alternative B -2 would impact less prime farmland that the Preferred
Alternative (1.3 acres compared to 3.5 acres, respectively).
A -27
Circulation/Parking
Alternatives M -2 and B -2 would result in circulation /parking impacts
similar to the Preferred Alternative.
Air Quality
• Alternatives M -2 and B -2, by retaining signalized intersections, result in
a slight increase in air pollution, similar to the No Build Alternative.
Noise
Alternatives M -2 and B -2 would result in noise impacts similar to the
Preferred Alternative.
Aesthetics
Alternatives M -2 and B -2 would result in aesthetic impacts similar to the
Preferred Alternative.
Hazardous Waste /Materials
Alternatives M -2 and B -2 would result in hazardous waste /materials
impacts similar to the Preferred Alternative.
Public Services and Utilities
Alternatives M -2 and B -2 would result in public services and utilities
impacts similar to the Preferred Alternative.
Construction Activities
Alternatives M -2 and B -2 would require the import of substantially less
fill compared to the Preferred Alternative (600,000 and 29,000 cubic
yards, respectively). Therefore, this alternative would require fewer truck
trips to import fill and consequently lower short -term vehicle emissions.
WO
The M -2 and B -2 Alternatives would incrementally increase some of the
potential environmental impacts of the Preferred Alternative, would
require the same mitigation measures identified for the Preferred Alter-
native, and would not eliminate any significant unavoidable adverse
impacts of the Preferred Alternative.
F. \ ... \MCARTHUR \EIR -RESOA
•
A -29
EXHIBIT B
STATEMENT OF OVERRIDING CONSIDERATIONS
FINAL ENVIRONMENTAL IMPACT REPORT 150
MacARTHUR BOULEVARD/BISON AVENUE
L INTRODUCTION
The California Environmental Quality Act (CEQA) and the State CEQA
• Guidelines provide the following:
a) CEQA requires that the decision maker balance the benefits of a
proposed project against its unavoidable environmental risks in
determining whether to approve the project. If the benefits of the
proposed project outweigh the unavoidable adverse environmental
effects, the adverse environmental effects may be considered "ac-
ceptable."
b) Where the decision of the public agency allows the occurrence of
significant effects that are identified in the Final EIR but are not
mitigated, the agency must state in writing the reasons to support
its action based on the Final EIR and /or other information in the
record. This statement may be necessary if the agency also makes
the finding under Section 15091 (a)(2) or (a)(3).
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 (Section
15093 of the Guidelines).
The City Council, having reviewed and considered the information con-
tained in EIR SCH No. 91031018 and the public record, hereby adopts
the following Statement of Overriding Considerations identifying the
project benefits that have been balanced against the unavoidable adverse
impacts in reaching a decision on this project.
IL SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS
Although all direct long -term project impacts have been substantially
avoided or mitigated, as described in the preceding findings, there is no
complete mitigation for short -term construction impacts and the project's
contribution to cumulative impacts to landform /topography, biological
resources and aesthetics. Details of these significant unavoidable adverse
01
impacts were discussed in the Final EIR and are summarized, or other-
wise provided, in Exhibit A, Section IV.
Ill. OVERRIDING CONSIDERATIONS
A. TnVTw Congestion Reduction
A primary objective of the project is to reduce existing and future traffic
• congestion along MacArthur Boulevard. Existing traffic volumes exceed
the capacity of the facility. Projected regional growth will cause traffic
volumes to increase. In the year 2010, MacArthur Boulevard congestion
will occur at the San Joaquin Hills Road to Ford Road, Ford Road to
Bison Avenue and Bison Avenue to Newport Coast Drive links. Widen-
ing MacArthur Boulevard will correct these existing and projected defi-
ciencies.
The MacArthur Boulevard project is also needed to eliminate the pro-
jected interim deficiency at MacArthur Boulevard and Newport Coast
Drive, prior to completion of the SJHTC. If the SJHTC is delayed or
not constructed, improvements to MacArthur Boulevard would eliminate
a forecast deficiency.
R Highway Design Improvements
Because MacArthur Boulevard was constructed in the 1940s, it does not
meet current Caltrans design standards that generally increase the safety
of highways. The project proposes to upgrade the design of MacArthur
Boulevard to current standards.
G Noise Reduction
have a minimum setback from the roadway. Proposed horizontal and
vertical realignment of MacArthur Boulevard between San Miguel Drive
and Harbor View Drive will reduce noise impacts on adjacent residences
to levels consistent with City and State standards.
D. Access to UCI
Construction of Bison Avenue between MacArthur Boulevard and New-
port Coast Drive will provide a more direct link to the UCI campus
entrance. In addition, the construction of this Bison Avenue link will
I�
assist motorists in accomplishing traffic movements eliminated by the
SJHTC (i.e., northbound MacArthur Boulevard to southbound SJHTC,
northbound SJHTC to southbound MacArthur Boulevard).
K Bicycle/Pedestrian Access Improvements
The proposed project improvements also include upgrading bicycle lanes
along MacArthur Boulevard to City standards. Bicycle and pedestrian
• facilities will also be provided along the extension of Bison Avenue to
improve bicycle and pedestrian access to UCI.
MacArthur Boulevard is currently within the 100 -year floodplain at Bo-
nita Creek. With the Preferred Alternative design of the project, MacAr-
thur Boulevard will be removed from the 100 -year floodplain by con-
structing a bridge over Bonita Creek.
In addition, the project will upgrade existing substandard drainage cul-
verts to comply with Caltrans design standards.
G. Wildlife Movement Along Bonita Creek
Bonita Creek is currently enclosed under MacArthur Boulevard in a
rectangular concrete box, creating a long, dark tunnel that may impede
wildlife movement along the Creek. By improving MacArthur Boulevard
as a bridge crossing Bonita Creek, with an open channel under the
bridge, wildlife movement along the Creek will be facilitated.
With the proposed drainage improvements, storm flows will be collected
in catch basins and then deposited in the storm drain system in a con-
trolled fashion. By capturing the water and placing it into the storm
drain or natural creek system in a controlled fashion, the potential for
sedimentation will be reduced, and the project will have a beneficial
impact of lessening downstream sediment flows into San Diego Creek
and Upper Newport Bay.
RE
Segments A and B of MacArthur Boulevard (Coast Highway to San
Joaquin Hills Road) as proposed will place existing aboveground trans-
mission lines underground. This will substantially improve the views
from nearby homes, as well as for southbound MacArthur Boulevard
motorists.
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