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HomeMy WebLinkAbout11-182 - Resolutions RESOLUTION NO. 11-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ADOPTING THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE WILSON AVENUE EXTENSION — EAST AVENUE TO WARDMAN- BULLOCK ROAD PROJECT (SCH 2008071044), ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM Whereas, pursuant to the provisions of Government Code Section 65450 et seq., a public hearing was held before the City of Rancho Cucamonga City Council in Rancho Cucamonga California on December 21, 2011 to consider Environmental Impact Report (State Clearinghouse #2008071044) for the Wilson Avenue Extension (East) Project; and, Whereas, the matter was discussed full with testimony and documentation presented by the public and affected public agencies; and, Whereas, all procedures of the California Environmental Quality Act ("CEQA") have been met and Final Environmental Impact Report (State Clearinghouse #2008071044) is sufficiently detailed so that all the potentially significant effects of the Project on the environment and measures necessary to avoid or substantially lessen such effects have been evaluated in accordance with CEQA; and, Whereas, pursuant to CEQA Guidelines Section 15105, Draft EIR (SCH#2008071044) was released for the 45-day public review and comment period from March 2, 2010 to April 16, 2010. During the 45-day public review and comment period, the City of Rancho Cucamonga, ("City'), as the lead agency, received one comment letter from public agencies and the public on the draft EIR. After the close of the public review and comment period, one comment letter has been received through December 7, 2011. Whereas, significant environmental impacts were identified as a result of Project implementation that cannot be feasibly avoided or mitigated below a level of significance; and, Whereas, it is necessary that the City prepare a Statement of Findings (Public Resources Code Section 21081 and CEQA Guidelines Section 15091), a Statement of Overriding Considerations (CEQA Guidelines Section 15093), and Mitigation Monitoring Plan (Public Resources Code Section 21081.6 and CEQA Guidelines Section 15097), regarding adverse environmental impacts for Project implementation that cannot be feasibly avoided or mitigated to below a level of significance; and, Whereas, the Statement of Overriding Considerations is contained herein, and the Mitigation Monitoring Plan is attached to this Resolution, now therefore; BE IT RESOLVED, FOUND, DETERMINED, AND ORDERED by the City Council of the City of Rancho Cucamonga, in regular session assembled on December 21, 2011, that; The Wilson Avenue Extension Project is comprised of public improvements of Wilson Avenue between East Avenue and Wardman Bullock Road in the northeast area of the City of Rancho Cucamonga. Additionally, improvements to East Avenue from Wilson Avenue southerly to the existing terminus of East Avenue are proposed. In response to concerns regarding the environmental impacts associated with the original design and the resulting costs of mitigating those impacts, the project has been revised from that which was originally described in the Draft EIR. The revised project scope, the associated environmental impacts and mitigation measures are described in Chapter V, Section C.3., Alternative C "Reduced Improvement" of the Final EIR. BE IT FURTHER RESOLVED by the City Council of the City of Rancho Cucamonga that Public Resources Section 21081 and CEQA Guidelines Section 15091 require that no public agency shall approve or carry out any project for which an EIR has been completed which identifies one or more significant adverse environmental effects, unless the public agency makes one or more written findings for each of those significant effect, accompanied by a brief explanation of the rationale for each finding. Accordingly, the City Council of the City of Rancho Cucamonga makes the following findings for the project: Potentially Significant Environmental Effects That Will Be Avoided or Substantially Lessened by the Identified Mitigation Measures and Features Incorporated into the Project CEQA requires the adoption of written findings of fact for each significant environmental impact that (1) the project has been changed (including the adoption of mitigation measures) to avoid or substantially reduce the magnitude of the impact; (2) changes to the project are within another agency's jurisdiction and have been or should be adopted; or (3) specific economic, social, legal, technical, or other considerations make mitigation measures infeasible. The City Council of the City of Rancho Cucamonga has determined that the Project may have the potentially significant impacts identified below. All feasible mitigation measures have been incorporated into the Project and are set forth below. The City Council has determined that these mitigation measures will avoid or substantially reduce the magnitude of the following potential impacts: A. Land Use 1. Impacts The project is consistent with the City General Plan, including Circulation and Land Use Elements 2. Finding Project impacts on Land Use are less than significant. Cumulative Proposed mitigation measure will reduce project-related impacts to a less than significant level. CUMU-1. Consistent with current practices, the City will review each individual development proposal to ensure that every development project incorporates features, which minimize potential land use conflicts between proposed and existing uses. Conditions of approval will be prepared and enforced to achieve this objective. B. Biological Resources 1. Impacts Proiect Specific Resolution No. 11-182 - Page 2 of 24 The predominant vegetation existing on the project site at the time of the survey was characterized by Holland community types which are indicated by species dominance. Riversidean alluvial fan sage scrub (RAFSS) and non-native ruderal were two Holland community types noted in the project area. RAFSS is a regionally significant habitat type generally confined to river and creek floodplains of southern San Bernardino and northwest Riverside counties. RAFSS provides habitat for a variety of wildlife species, most of which are common, widespread and observed in several community types. RAFSS habitat type also supports a wide variety of regionally sensitive flora and fauna which are unique to this region. Approximately 40% of the project site is comprised of highly disturbed RAFSS community. 2. Finding: The mitigation measures will reduce project-related impacts to biological resources to a less than significant level. 3. Mitigation: Project Specific BI0-1 Consultation shall occur between the City and the Army Corps of Engineers (ACOE) as well as the Regional Water Quality Control Board (RWQCB) to determine the permitting requirements for the project. The City will comply with any additional considerations imposed on the project applicant in the permit, agreement and certification. BIO-2 Post-construction activities shall result in the restoration, enhancement and protection of the remaining existing habitat. BIO-3 A Storm Water Pollution Prevention Plan (SWPPP) is required. Said SWPPP shall identify methods to be utilized to protect water quality during construction of the project. BIO-4. Prior to any incidental take of a federally listed species, the developer will obtain a section 10(a) permit or enter into Section 7 consultation with the USFWS, or comply with the terms of regional 10(a) ESA permit. Additionally, prior to any incidental take of a state-listed species, the developer will obtain a section 2081 permit from the California Department of Fish and Game. BIO-5. A qualified biologist shall be retained as a construction monitor to ensure that incidental construction impacts on biological resources are avoided. The monitor shall: conduct pre-grading field surveys for special-status plant and wildlife species that may be impacted as a result of construction and/or site preparation activities; attend pre-grading meetings with the contractor to ensure that the timing and location of construction activities do not conflict with mitigation requirements including seasonal surveys for plants and wildlife and avoidance of preserved native areas; Resolution No. 11-182 - Page 3 of 24 mark the construction area adjacent to preserved native areas in the field with the contractor in accordance with the final approved grading plan; and Periodically visit the site during construction to coordinate and monitor compliance with the above mitigation measures. BIO-6. Prior to construction or site preparation activities in an area during the nesting season of native bird species potentially nesting on the site, a field survey shall be conducted by a qualified biologist to determine whether active nests of special-status, or common bird species protected by the Migratory Bird Treaty Act and the California Fish and Game Code are present in the construction zone or within 50 feet (300 feet for raptors) of the construction zone. If active nests of protected birds are found, a fence barrier shall be erected around the nest site at a distance as determined by the biologist. No construction activities shall be permitted within this nest zone until the young birds have fledged, as determined by the biologist. BIO-7. Immediately prior to construction or grading activities in an area, a qualified biologist to determine whether individuals of coastal California gnatcatcher occur within the construction or grading zone shall conduct a habitat assessment survey. If located, gnatcatchers shall be captured and translocated unharmed into areas of appropriate habitat (either on-site or immediately offsite) that are not subject to disturbance The following mitigation measures specifically address the reduced impacts associated with Alternative C, as described in Chapter V, Section D. 3. of this document BIO-8* Temporary impacts of 2.5 acres to SBKR habitat will be mitigated at a 1:1 ratio by means of on-site, post-construction restoration. BIO-9* Permanent impacts of 1.50 acres to SBKR habitat will be mitigated at a 2:1 ratio by means of purchase of 3.0 acres from an approved mitigation land bank. BIO-10* Temporary impacts of 0.15 acres to jurisdictional waters of the U.S. will be mitigated at a 1:1 ratio via SAWA or the Inland Empire Resource Conservation District. BIO-1 1* Permanent impacts of 0.07 acres to jurisdictional waters of the U.S. will be mitigated at a 2:1 ratio (0.14 acres) via SAWA or the Inland Empire Resource Conservation District. C. Geology 1. Impacts Prosect Specific Regional Geologic Setting As does the entire City of Rancho Cucamonga, the project site is situated on a gently sloping alluvial plain that is part of a single geologic unit known as the "Perris Structural Block." This plain is composed of alluvial or stream-carried materials deposited by the streams and water courses flowing out of the San Gabriel Mountains just north of the City. Resolution No. 11-182 - Page 4 of 24 Slope Stability The project site and surrounding environs are not subject to landslides or slope failure. Faulting A discussion of faults in California should be prefaced with a discussion of legislation and state policies concerning the classification and land use criteria associated with faults. By definition of the State Mining and Geology Board, an active fault is a fault, which has had an earthquake or surface displacement within Holocene time (about the last 11,000 years). The State Geologist has defined a potentially active fault as any fault considered to have been active during Quaternary time (last 2,000 years). This definition is used in delineating Special Studies Zones as mandated by the Alquist-Priolo Geologic Hazards Zones Act of 1972 and subsequently in 1975. The intent of this act is to assure that urban development does not occur across the traces of active faults. The subject site is not included within a special studies zone defined by the Alquist-Priolo Act. Seismicity The site can be considered a very active seismic area. as is all of Southern California. Active earthquake faults that could directly impact the project site include the San Andreas Fault, Cucamonga Fault, San Jose Fault, Sierra Madre Fault and Red Hill Fault. These faults are not within or adjacent to the project site and the site is not included within an Alquist-Priolo Special Studies Zone. The possibility of severe ground shaking is considered high over the next 50 to 100 years. The most severe seismic shaking would originate from the Cucamonga or Red Hill Faults. The estimated maximum accelerations from a maximum credible earthquake of Richter Magnitude 7.0 on the Cucamonga Fault would range from approximately 0.60 to 0.95. On the Red Hill Fault with a maximum credible earthquake of Richter Magnitude 6.5, the estimated maximum accelerations would range from approximately 0.70 to 0.80. 2. Finding The mitigation measures will reduce project-related impacts to geological resources to a less than significant level. 3. Mitigation Project Specific GEO-1 Standard grading and compaction technologies and compliance with current grading requirements as required by the City of Rancho Cucamonga will mitigate any constraints caused by exposure to fault displacement and ground surface structure to the extent practicable. GEO-2 All cut and fill slopes shall be landscaped with drought tolerant slope-stabilizing vegetation as soon as possible after grading to minimize erosion potential. Irrigation and maintenance shall be the responsibility of the applicant. Provisions to facilitate drainage away from tops of slopes and slope faces should be provided in accordance with the City of Rancho Cucamonga Grading Policy and Guidelines. Resolution No. 11-182 - Page 5 of 24 GEO-3 Grading will be restricted during the rainy season (December-March) to reduce erosion potential and potential sediment transport problems GEO-4 Should fill be proposed in the drainage courses present at the site, the impact of subsurface water accumulating in these depressions may be mitigated by providing adequate subdrainage. D. Hazardous Materials 1. Impact The project site is composed of a raised earthen roadbed that crosses the watershed of Etiwanda Creek. Etiwanda Creek Channel as well as a number of drainage pipes exist under the roadbed and convey flows from north to south Potential problems posed by the presence of hazardous or toxic materials to onsite or offsite locations are minimal due to the limited area of developed property adjacent to the project site, and the absence of reported storage, utilization, or disposal of hazardous materials on or the vicinity of the project site. It should be noted here that vehicle maintenance procedures commonly implemented during some grading operations have the potential to release hazardous materials. Precautions shall be taken to prevent the release of used motor oil, hydraulic fluid, and/or other hazardous materials to the ground during any future grading operations. These fluids should be stored in containers (such as 55 gallon drums) until they can be transported offsite for proper disposal or recycling. 2. Finding The mitigation measures will reduce project-related impacts to a less than significant level. 3. Mitigation HAZ-1. During the anticipated grading of the property, observations should be made for the presence of toxic or hazardous materials. Should evidence of contamination be identified, further investigations may be required. E. Noise 1. Impact Short-Term Impacts Construction-related noise will result in changes in ambient noise levels. Impacts are considered short-term since noise will cease upon completion of construction activity. Noise generated by construction equipment, including trucks, graders, bulldozers, concrete mixers, and portable generators, can reach significant levels ranging from 70 dBA to 105 dBA. Level of impact will depend upon several factors, such as: the distance between construction activity and sensitive receptors, the types of equipment used, and the hours of construction operations. Resolution No. 11-182 - Page 6 of 24 The duration and intensity of construction-related noise is regulated by the City through time limits on grading and other heavy equipment operations. Compliance with these limits is generally presumed to create a less than significant impact. Site preparation, grading, and construction activities will take place only during daylight hours, or as otherwise permitted by City local regulations and practices, including various restrictions such as time limits on construction involving the operation of powered equipment. All construction-related equipment, either fixed or mobile will be equipped with properly operating and maintained muffler exhaust systems. Stationary equipment will be situated in a manner that will direct emitted noise away from noise sensitive receptors. To protect the health of persons employed at construction sites, hearing protection equipment will be worn in compliance with regulations established by the California Occupational Safety and Health Administration. Long-Term Impacts Upon completion, project-related traffic will cause an incremental increase in area-wide noise levels throughout the area. Long-term noise concerns from the increased urbanization of the project area center primarily on mobile source generators on area roadways. For much of the project site, mitigation of noise is feasible with use of standard mitigation. With the incorporation of the proposed mitigation measures, the project will be consistent with City General Plan noise standards. 2. Finding Implementation of these measures will substantially lessen the short-term impacts. Long-term noise impacts will be less-than-significant levels. The proposed project will contribute incrementally to a cumulative increase in area-wide noise levels. 3. Mitigation NOI-1. Construction operations, which produce the highest levels of noise, shall, to the extent practical, be arranged to occur together in the construction program in order to avoid continuing periods of greater annoyance. Cumulative The proposed project, combined with anticipated urbanization of the region is expected to greatly increase vehicular traffic in the area. In particular, noise levels along Wilson Avenue will be elevated. To mitigate potentially cumulatively significant impacts from noise to a level of insignificance, the following specific mitigation measures will be implemented: CUMU-2 Establish time limit on hours of construction, per City Code. CUMU-3 Require all construction related equipment, either fixed or mobile to be equipped with properly operating and maintained muffler exhaust systems. Resolution No. 11-182 - Page 7 of 24 CUMU-4 Require stationary equipment to be situated in a manner that will direct emitted noise away from noise sensitive receptors. CUMU-5 Arrange construction operations, which produce the highest levels of noise to occur together in the construction program in order to avoid continuing periods of greater annoyance. CUMU-6 Incorporation of buffer distances and noise propagation barriers in areas where construction noise levels may exceed noise thresholds F. Cultural Resources 1. Impacts Project Specific 2. Findings The project will not result in significant adverse impacts to known cultural, archeological, historical or paleontological resources. Mitigation Measure CR-1 will reduce potential impacts to unknown resources discovered during the construction phases of the project. 3. Mitigation CR-1. Should buried cultural materials be encountered during any earth-moving operations associated with the project, all work in that area shall be halted or diverted until a qualified archeologist can evaluate the nature and significance of the resources found. Cumulative The City of Rancho Cucamonga Planning Department reviews proposed projects to ensure significant cultural resources are protected. This process is designed to ensure that significant cultural resources, such as historic sites, buildings, objects, and archeological sites are avoided, preserved or salvaged prior to development, as appropriate. In addition, since sub-surface artifacts may be present on any site, State requirements call for a qualified archeologist to be on-call for construction monitoring and evaluation of any artifacts unearthed during construction activities. In consultation with other appropriate agencies, the City develops mitigation measures appropriate for each project. Development of the region could result in adverse impacts to known archeological and historical resources. It may also result in the discovery of previously unknown resources via grading and other land-disturbing activities involved in construction. Increasing populations in the area, as a result of urbanization, are likely to cause adverse effects to existing resources through vandalism, illegal collecting, and human presence. It is assumed incremental project impacts will contribute cumulatively to adverse impacts to cultural resources in the region, but not to a level of significance. CUMU-8 Development will avoid damaging effects on archaeological resources. Resolution No. 11-182 - Page 8 of 24 For resources in which avoidance is not feasible, mitigation will be provided as recommended by the archaeologist and as described in Supplementary document J of the CEQA Guidelines. In general, these guidelines require the following: a. Preservation of sites in place as the preferred manner of avoiding damage to historic and prehistoric resources. b. Stopping of excavation in the event of discovery of human remains until the Coroner has determined that no investigation of the cause of death is required; or, if descendants have made a recommendation of the property owner regarding proper disposal of the remains, or until descendants have failed to make a recommendation within 24 hours of notification. If no recommendation is received, remains will be interred with appropriate dignity on the property in a location not subject to further development. CUMU-9 Any brush removal and/or surface disturbing activity (soils or geologic testing, or clearing in preparation for grading) near all alluvial areas shall be monitored by a qualified archaeologist. Should archaeological material appear during this work, the archaeologist shall be empowered to halt or redirect the clearing or grading until appropriate archaeological recovery can be made. CUMU-10 Excavation in areas likely to contain paleontological resources will be monitored by a qualified vertebrate paleontological monitor. This monitor will be empowered to halt construction activities as necessary to protect any resources uncovered. CUMU-11 For identified unique archeological resources, Phase II testing/evaluation will be completed. This testing will include supplemental mapping, surface collections, subsurface excavations, and recovery of samples. If results indicate the resources are significant, a mitigation plan to lessen adverse impacts will be implemented. The testing of these sites must be completed prior to the issuance of any grading permit(s). If any of the sites are found to be significant and avoidance is not possible, Phase III investigations (data recovery) will be performed. All efforts to be undertaken in conjunction with local tribes. CUMU- 12 The historical sites within project areas will be tested prior to issuance of any grading permit(s). Efforts will be made to avoid and/or minimize effects to historical sites deemed significant. If any sites deemed significant that will be impacted by the project, Phase II testing (and where necessary, Phase III investigations) must be completed. CUMU-13 Where appropriate, impacts to historical structures will be minimized by moving the site(s) to preservation site(s) within the study area. Public Services and Facilities G. Transportation and Circulation 1. Impacts Project Specific Wilson Avenue will eventually be a continuous route. Today, there is a gap or missing link in its mid-section. The proposed project will contribute to Wilson Avenue completing a local circulation link in the City's General Plan. Resolution No. 11-182 - Page 9 of 24 2. Finding The net impact on traffic and circulation will be less than significant. 3. Mitigation TR-1 Sight distance at each study area intersection should be reviewed with respect to California Department of Transportation/City of Rancho Cucamonga standards in conjunction with the preparation of final grading, landscaping, and street improvement plans. TR-2 Traffic signing and striping should be implemented in conjunction with detailed construction plans for the project. TR-3 As is the case for any roadway design, the City of Rancho Cucamonga should periodically review traffic operations in the vicinity of the project once the project is constructed to assure that the traffic operations are satisfactory. Cumulative Area wide growth, as well as approved future developments within the study area, has been accounted for within the Comprehensive Transportation Plan Model maintained by the Southern California Association of Governments (SCAG). For Year 2020 traffic conditions without the project, levels of service for study area intersections vary from LOS A to LOS F. For Year 2020 conditions with the project, but without off-site improvements, conditions vary from LOS A to LOS F. For Year 2020 traffic conditions with the proposed development and with off-site improvements, conditions are projected to operate at LOS C/D or better during peak morning and evening hours. Proposed mitigation measures will reduce project-related impacts to a less than significant level. CUMU-14 As a means of mitigating the cumulative, significant regional traffic impacts associated with buildout within the study area, the project traffic engineer has developed a recommended circulation system. This system will allow virtually all road segments to operate at LOS C or better. Additional measures, as provided in Chapter IV, Section A, will also be necessary to minimize cumulative impacts to circulation. H. Fire Protection Services 1. Impact Implementation of the proposed project, incorporating standard mitigation measures as identified herein, will not result in any adverse or significant impact on fire protection and emergency services and will not be in conflict with City General Plan Policies pertaining to fire protection and emergency services. The project, by making improvements to East Avenue north to Wilson Avenue and improvements to Wilson Avenue eastward to Wardman Bullock Road, will improve the ability of fire protection services to respond timely by establishing a direct link to Wilson Avenue and providing access to the east from the existing fire station on.East Avenue. Resolution No. 11-182 - Page 10 of 24 2. Finding Incorporation and implementation of mitigation measure FPS-1 will reduce project impacts to fire protection services to below the level of significance. 3. Mitigation FPS-1 All project street widths, grades and turning curve radii will be designed to allow access by fire suppression vehicles and will be subject to the approval of the City of Rancho Cucamonga Fire Department. FPS-2 Fire hydrant locations will be in compliance with City Fire Department standards and requirements. FPS-3 Fire flow requirements, including flow, quantities, pressure and duration consistent with City Fire Department standards and specifications, will be incorporated into overall project design. FPS-4 All water mains and fire hydrants providing required fire flows will be constructed in accordance with the City Fire Department. Potentially Significant Environmental Impacts That Cannot Be Fully Mitigated and Will Be Only Partially Avoided or Lessened by the Mitigation Measures Herein Specified A. Air Quality— Proiect Specific and Cumulative 1. Impacts Short-Term (Construction)Impacts Temporary impacts will result from project construction activities. Air pollutants will be emitted by construction equipment, and dust will be generated during grading and site preparation. Dust is normally the primary concern during grading and construction of new buildings and infrastructure. Because such emissions are not easily collected or controlled, they are called "fugitive emissions." Emission rates vary as a function of many parameters, such as soil silt, soil moisture, wind speed, area disturbed, number of vehicles, depth of disturbance, etc.). Long-Term (Operational) Impacts The project will contribute to the regional inability to attain the ozone standard based on SCAQMD's recommended significance levels. The mobile source emissions from project implementation may create a potentially significant air quality impact. Vehicle exhaust may impact air quality immediately adjacent to roadway travel lanes, particularly during periods of maximum traffic congestion and minimum atmospheric dispersion. Project Impacts on Attainment of State Greenhouse Gas Emissions Reduction Targets The project under consideration will not in of itself achieve any reduction in greenhouse gases in that it will not complete the link between Etiwanda Avenue and Wardman Bullock Road. Resolution No. 11-182 - Page 11 of 24 It should be noted that the completion of Wilson Avenue improvements will reduce vehicle miles traveled and thus incrementally assist in the reduction of GHG and other air pollutants. The proposed project can be considered a phase of the overall improvement project of improvements from Etiwanda Avenue to Wardman Bullock Road. 2. Finding The mitigation measures will lessen project-related impacts to air quality. However, some temporary construction-related impacts (such as fugitive dust emissions) and operational impacts (mobile source emissions) would exceed the applicable SCAQMD thresholds of significance. Overall, the project will result in significant adverse impacts to air quality. Approval of the project will require a Statement of Overriding Considerations for air quality impacts. Even with compliance with existing regulations and development requirements, the incremental increase in average daily pollutant emissions from mobile sources as a result of this project will contribute to significant and unavoidable impacts. Incremental project impacts will also contribute cumulatively to the regional non-attainment of AQMD air quality standards and improvement goals for some pollutants. The City will be required to adopt a Statement of Overriding Considerations. 3. Mitigation AQ-1. Reduce inefficient circulation movements and thus reduce emissions by minimizing construction interference with regional non-project traffic movement through measures such as: a. Scheduling receipt of construction materials during non-peak travel hours. b. Routing construction traffic through areas least sensitive to impacts. c. Limiting lane closures and detours to off-peak travel periods. d. Providing ride-share incentives for contractor and subcontractor personnel. AQ-2. Reduce "spill-over" effects by preventing soil erosion, washing vehicles entering public roadways from off-road project areas, and washing/sweeping project access to public roadways on an adequate schedule. AQ-3. Limiting grading/soil disturbances to as small an area as practical at any one time. Cumulative The proposed project and other planned and anticipated development within the cumulative project area will contribute to the pollutant load in the Southern California air basin. Pollutant emissions will result from construction activity and, in the long term, from vehicle use and the burning of fuels for heating, cooking, lighting, etc. CUMU-7 Air pollution reduction programs contained in the City's Air Quality Element, and programs and regulations enforced by the SCAQMD, will be applied to all future development projects. BE IT FURTHER RESOLVED by the City Council of the City of Rancho Cucamonga that it has considered the following alternatives identified in the EIR in light of the environmental impacts which cannot be avoided or substantially lessened and has rejected those alternatives as infeasible for the reasons hereinafter stated: Resolution No. 11-182 - Page 12 of 24 A. No Build Alternative 1. Seismic Safety — The implementation of Alternative A would not affect the conditions and potential for seismic activity in the area of the project. 2. Soils, Slopes and Erosion — Alternate A would not result in a significant increase or decrease in to soils, slopes and erosion would not be significantly different. 3. Wind Erosion — Implementation of Alternative A would not result in significant changes to the impacts associated with the project as proposed. 4. Flooding, Drainage and Dam Inundation — While Alternative A would reduce the amount of impervious development on the project site, it would not significantly alter the impacts of flooding, drainage and dam inundation from those impacts identified with the proposed project. 5. Noise — No development would result in less noise impacts on the existing residents of the immediate area, but would maintain existing noise impacts along current circulation routes such as Banyan. 6. Air Quality — The implementation of Alternative A would result in an increase in the impacts to air quality as a result of maintaining the higher levels of vehicle- miles-traveled that currently exist. 7. Water Quality — Alternative A would not result in significant changes to the impacts identified from the proposed project. 8. Water Supply — No development would reduce impacts on water supply facilities. 9. Toxic Substances - No significant changes to the impacts associated with the project as proposed. 10. Open Space and Conservation - Alternate A would avoid encroachment into the conservation easement that results with the proposed project. This impact is not considered significant and thus, the impacts to open space and conservation would not be significantly different. 11. Agriculture - No significant changes to the impacts associated with the project as proposed. 12. Biological Resources - This alternative would avoid any impacts to biological resources. 13. Energy Resources - The implementation of Alternative A does not achieve the City's objectives to reduce consumption of energy resources and would result in an increase in the consumption of energy resources in that east/west bound traffic would continue to be required to divert to the north or south, resulting in an increase in Vehicle Miles Traveled. 14. Scenic Highways - No significant changes to the impacts associated with the project as proposed. Resolution No. 11-182 - Page 13 of 24 15. Cultural Resources - Alternative A would avoid any impacts to cultural resources associated with the project as proposed. 16. Mineral Resources - No significant changes to the impacts associated with the project as proposed. 17. Light and Glare - The implementation of Alternative A would result in a decrease in light and glare in the immediate area. Public Services and Facilities Element: 1. Traffic and Circulation - The implementation of Alternative A would not achieve the City's objectives to provide an efficient traffic and circulation system and would result in an incremental increase in adverse impacts to traffic and circulation systems by eliminating the ability to complete the connection of currently non-existent sections of Wilson Avenue, causing traffic to divert to the north or south and thus impacting those facilities and intersections. 2. Schools - Alternative A would not result in a significantly different impact to schools and school facilities. 3. Libraries - The implementation of Alternative A would not result in a significantly different impact to library facilities. 4. Law Enforcement - Alternative A would eliminate a more direct vehicular connection to East Avenue and Wardman Bullock Road and thus prohibit a reduction in efficient access and response times of law enforcement. 5. Fire Protection - Alternative A would eliminate a more direct vehicular connection to East Avenue and Wardman Bullock Road and thus prohibit a reduction in efficient access and response times of fire protection services. 6. Parks and Recreation - Alternative A would not result in a significantly different impact to parks and recreation facilities. 7. Solid Waste - The implementation of Alternative A would not result in a significantly different impact to solid waste facilities. 8. Health Services - Alternative A would not result in a significantly different impact to health services and facilities. 9. Water and Sewer - The implementation of Alternative A would not result in significantly different impacts on water service facilities and no impact on wastewater treatment facilities. 10. Electricity - Alternative A would not result in a significantly different impact to electricity service and facilities. 11. Natural Gas - Alternative A would not result in a significantly different impact to natural gas service and facilities. 12. Telephone - Alternative A would not result in a significantly different impact to telephone service and facilities. 13. Television - Alternative A would not result in a significantly different impact to television service and facilities. 14. Housing Element - The implementation of Alternative A would not have any impacts to the housing opportunities that would result from the proposed project. Resolution No. 11-182 - Page 14 of 24 15. Conclusion: Alternative A, (No Build) is considered an environmentally inferior alternative in that while some impacts are generally reduced incrementally from the impacts resulting from the proposed project, the adverse impact to traffic and circulation resulting by not building this segment of Wilson Avenue would be significant and would more than offset any environmental gains achieved by Alternative A. Additionally, implementation of Alternative A would mean that the project's primary objectives would not be achieved. B. Expanded Banyan Route Alternative Public Health and Safety: 1. Seismic Safety — The implementation of Alternative B would not affect the conditions and potential for seismic activity in the area of the project. 2. Soils, Slopes and Erosion — Alternate B would not result in a significant increase or decrease in to soils, slopes and erosion would not be significantly different. 3. Wind Erosion — Implementation of Alternative B would not result in significant changes to the impacts associated with the project as proposed. 4. Flooding, Drainage and Dam Inundation. — Alternative B would not significantly alter the impacts of flooding, drainage and dam inundation from those impacts identified with the proposed project. 5. Noise — Alternative B would result in less noise impacts on the existing residents of the immediate project site but increased noise levels in the Banyan area. 6. Air Quality — The implementation of Alternative B would result in an increase in the impacts to air quality as a result of maintaining the higher levels of vehicle- miles-traveled that currently exist. 7. Water Quality — Alternative B would not result in significant changes to the impacts identified from the proposed project. 8. Water Supply—Alternative B would reduce impacts on water supply facilities. 9. Toxic Substances — Alternative B would not result in significant changes to the impacts associated with the project as proposed. 10. Open Space and Conservation - Alternate B would avoid the encroachment into the conservation easement that results with the proposed project. This impact is not considered significant and thus, the impacts to open space and conservation would not be significantly different. 11. Agriculture — Alternative B would not result in significant changes to the impacts associated with the project as proposed. 12. Biological Resources - The proposed project does not result in significant impacts to biological resources and the impacts to biological resources associated with Alternative B would not be significantly.different. Resolution No. 11-182 - Page 15 of 24 13. Energy Resources - The implementation of Alternative B would not achieve the City's objective to reduce consumption of energy resources and would result in an increase in the consumption of energy resources in that east/west bound traffic would continue to be required to divert to the north or south, resulting in an increase in Vehicle Miles Traveled. 14. Scenic Highways - No significant changes to the impacts associated with the project as proposed. 15. Cultural Resources - No significant changes to the impacts associated with the project as proposed 16. Mineral Resources - No significant changes to the impacts associated with the project as proposed. 17. Light and Glare - The implementation of Alternative B would result in a decrease in light and glare in the immediate area, but increased light and glare in the Banyan area. Public Services and Facilities: 1. Traffic and Circulation - The implementation of Alternative B would not achieve the City's objectives to provide an efficient traffic and circulation system and would result in an incremental increase in adverse impacts to traffic and circulation systems by eliminating the ability to complete the connection of currently non-existent sections of Wilson Avenue, causing traffic to divert to the north or south and thus impacting those facilities and intersections. 2. Schools - Alternative B would not result in a significantly different impact to schools and school facilities. 3. Libraries - The implementation of Alternative B would not result in a significantly different impact to library facilities. 4. Law Enforcement - Alternative B would eliminate a more direct vehicular connection to East Avenue and Wardman Bullock Road and thus prohibit a reduction in efficient access and response times of law enforcement. 5. Fire Protection - Alternative B would eliminate a more direct vehicular connection to East Avenue and Wardman Bullock Road and thus prohibit a reduction in efficient access and response times of fire protection services. 6. Parks and Recreation - Alternative B would not result in a significantly different impact to parks and recreation facilities. 7. Solid Waste - The implementation of Alternative B would not result in a significantly different impact to solid waste facilities. 8. Health Services - Alternative B would not result in a significantly different impact to health services and facilities. Resolution No. 11-182 - Page 16 of 24 9. Water and Sewer - The implementation of Alternative B would result in a decrease in the impacts on water service facilities and no impact on wastewater treatment facilities. 10. Electricity - Alternative B would not result in a significantly different impact to electricity service and facilities. 11. Natural Gas - Alternative B would not result in a significantly different impact to natural gas service and facilities. 12. Telephone - Alternative B would not result in a significantly different impact to telephone service and facilities. 13. Television - Alternative B would not result in a significantly different impact to television service and facilities. 14. Housing Element - The implementation of Alternative B would not have any impacts to the housing opportunities that would result from the proposed project. 15. Conclusion: Alternative B, (Expanded Banyan) is considered an environmentally superior alternative in that some impacts are reduced incrementally from the impacts resulting from the proposed project. Additionally, the impact to traffic and circulation resulting by the expansion of the capacity of Banyan would result in a superior circulation system than Alternative A. Implementation of Alternative B would mean that the project's primary objectives would not be achieved. BE IT FURTHER RESOLVED by the City Council of the City of Rancho Cucamonga that it has considered the following alternative identified in the EIR in light of the environmental impacts which cannot be avoided or substantially lessened and has revised the project scope as identified in Chapter V, Section C.3. Alternative C, of the Final EIR for the reasons hereinafter stated: C. Reduced Improvement Alternative Public Health and Safety: 1. Seismic Safety — The implementation of Alternative C would not affect the conditions and potential for seismic activity in the area of the project. 2. Soils, Slopes and Erosion —Alternate C would not result in a significant increase or decrease in to soils, slopes and erosion would not be significantly different. 3. Wind Erosion — Implementation of Alternative C would not result in significant changes to the impacts associated with the project as proposed. 4. Flooding, Drainage and Dam Inundation — Alternative C would not significantly alter the impacts of flooding, drainage and dam inundation from those impacts identified with the proposed project. Resolution No. 11-182 - Page 17 of 24 5. Noise — Alternative C would result in incrementally less noise impacts on the existing residents of the immediate project site. 6. Air Quality — The implementation of Alternative C would result in a decrease in the impacts to air quality as a result of reducing vehicle-miles-traveled that currently exist. 7. Water Quality — Alternative C would not result in significant changes to the impacts identified from the proposed project. 8. Water Supply—Alternative C would reduce impacts on water supply facilities. 9. Toxic Substances - No significant changes to the impacts associated with the project as proposed. 10. Open Space and Conservation - The alignment of Wilson Avenue proposed as Alternative C will avoid the conservation easement and thus have no impact on the conservation easement. 11. Agriculture - No significant changes to the impacts associated with the project as proposed. 12. Biological Resources — Alternative C will reduce impacts to biological resources existing on the project site. 13. Energy Resources - The implementation of Alternative C would result in a decrease in the existing consumption of energy resources in that east/west bound traffic would be able to utilize this direct connection and thus Vehicle Miles Traveled would be reduced. 14. Scenic Highways - No significant changes to the impacts associated with the project as proposed. 15. Cultural Resources - No significant changes to the impacts associated with the project as proposed 16. Mineral Resources - No significant changes to the impacts associated with the project as proposed. 17. Light and Glare - The implementation of Alternative C would result in a decrease in light and glare in the immediate area, but increased light and glare in the Banyan area. Public Services and Facilities Element: 1. Traffic and Circulation - The implementation of Alternative C would result in a positive impact to traffic and circulation system in the project area by completing the connection of the currently non-existent sections of Wilson Avenue and East Avenue, allowing traffic to utilize this direct east-west connection, although at a reduced capacity from the project as originally proposed and described within this document. Resolution No. 11-182 - Page 18 of 24 2. Schools - Alternative C would not result in a significantly different impact to schools and school facilities. 3. Libraries - The implementation of Alternative C would not result in a significantly different impact to library facilities. 4. Law Enforcement - Alternative C would provide a direct vehicular connection to East Avenue and Wardman Bullock Road and thus maintain efficient access and a reduction in response times of law enforcement. 5. Fire Protection - Alternative C would provide a more direct vehicular connection to East Avenue and Wardman Bullock Road and thus maintain efficient access and a reduction in response times of fire protection services. 6. Parks and Recreation - Alternative C would not result in a significantly different impact to parks and recreation facilities. 7. Solid Waste - The implementation of Alternative C would not result in a significantly different impact to solid waste facilities. 8. Health Services - Alternative C would not result in a significantly different impact to health services and facilities. 9. Water and Sewer - The implementation of Alternative C would result in an incremental decrease in the impacts on water service facilities and no impact on wastewater treatment facilities. 10. Electricity - Alternative C would not result in a significantly different impact to electricity service and facilities. 11. Natural Gas - Alternative C would not result in a significantly different impact to natural gas service and facilities. 12. Telephone - Alternative C would not result in a significantly different impact to telephone service and facilities. 13. Television - Alternative C would not result in a significantly different impact to television service and facilities. 14. Housing Element - The implementation of Alternative C would not have any impacts to the housing opportunities that would result from the proposed project. 15. Conclusion: Alternative C (Reduced Improvement Project) is considered an environmentally superior alternative in that some impacts are reduced incrementally from the impacts resulting from the originally proposed project. Specifically, the impact to biological resources would be reduced incrementally as would mitigation costs to the City than those resulting from implementation of the project as originally proposed and described within the Final EIR. Resolution No. 11-182 - Page 19 of 24 Implementation of Alternative C would mean that the project's primary objectives would not be fully achieved. BE IT FURTHER RESOLVED by the City Council of the City of Rancho Cucamonga that if significant impacts of a Project remain after incorporating mitigation measures, or no measures to mitigate the adverse impacts are identified, it must make a determination that the benefits of the Project outweigh the unavoidable adverse impacts if it is to approve and implement the project. CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of the Project against its unavoidable adverse environmental risks when determining whether to approve the Project. CEQA Guidelines Section 15093(a). If the specific economic, legal, social, technological or other benefits of the Project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered acceptable. CEQA Guidelines Section 15093(a). The City Council hereby finds that the EIR has identified and discussed significant effects that will occur as a result of the Project. With implementation of the mitigation measures discussed in the EIR, these effects can be mitigated to below a level of significance except for the unavoidable significant impacts to Air Quality discussed herein. Accordingly, a Statement of Overriding Considerations has been prepared for the Project's unavoidable significant adverse impacts. This Statement of Overriding Considerations is included as part of the record of the Project approval. Pursuant to CEQA Guidelines Section 15093(c), the Statement of Overriding Considerations will also be noted in the Notice of Determination for the Project. BE IT FURTHER RESOLVED by the City Council of the City of Rancho Cucamonga that it has balanced the benefits of the Project against the unavoidable adverse environmental effects thereof. The City Council declares that, having reduced the adverse significant environmental effects of the Project to the extent feasible by recommending the adoption of the proposed mitigation measures; having considered the entire administrative record of the Project; and having weighed the benefits of the Project against its unavoidable adverse impacts after mitigation, the City Council has determined that the following social, economic, and environmental benefits of the Project outweigh the potential unavoidable adverse impacts and render those potential adverse impacts acceptable based upon the following Statement of Overriding Considerations: A. The Project is consistent with the City's General Plan and represents a positive step towards fully implementing the Circulation Element of the General Plan by improving Wilson Avenue and East Avenue as described in the Final EIR. B. The Project will improve emergency fire and police vehicular circulation access in that portion of the City and reduce emergency response times, thus having a positive impact on public safety. C. The Project will improve vehicular circulation to and from the public schools and parks in the immediate area. D. The Project will reduce the vehicle-miles-traveled in the immediate area by providing more direct traffic routes. The City Council of the City of Rancho Cucamonga finds that the foregoing benefits provided to the public through the implementation of the Project outweigh the identified significant adverse environmental impacts of the Project which cannot be feasibly avoided or mitigated to below a level of significance. The City Council further finds that each of the Project benefits outweighs the unavoidable adverse environmental effects identified in the Final EIR and therefore finds those impacts to be acceptable. Resolution No. 11-182 - Page 20 of 24 Each of the benefits listed, standing alone, is sufficient justification for the City Council to override the Project's unavoidable environmental impacts. BE IT FURTHER RESOLVED by the City Council of the City of Rancho Cucamonga that the CEQA Guidelines Section 15126(d) requires an EIR to discuss how a project could directly or indirectly lead to economic, population, or housing growth. A project may be growth-inducing if it removes obstacles to growth, taxes community service facilities or encourages other activities which cause significant environmental effects. The discussion is as follows: A. Economic Population or Housing Growth The Final EIR proposes the construction of public street Wilson Avenue between East Avenue and Wardman Bullock Road. Additionally, East Avenue will be improved from Wilson Avenue southerly to the current terminus of East Avenue. B. Removal of an Impediment to Growth The implementation of the project resulting in public road improvements would improve public access to the immediate area and thus potentially be growth inducing. C. Precedent-Setting Effects The Project is consistent with the City General Plan, including the Land Use Element and Circulation Element. Surrounding vacant properties are designated for various land uses which will not be affected by implementation of the Project. BE IT FURTHER RESOLVED by the City Council of the City of Rancho Cucamonga that it has reviewed and considered the EIR, that the EIR is an accurate and objective statement that complies with the California Environmental Quality Act and reflects the City's independent judgment, and that the EIR is incorporated herein by reference. BE IT FURTHER RESOLVED that the City Council of the City of Rancho Cucamonga hereby APPROVES the written responses to the comments to the Draft EIR, ADOPTS the Statement of Findings pursuant to CEQA Guidelines Section 15091 and Statement of Overriding Considerations pursuant to CEQA Guidelines Section 15093, which are contained herein, CERTIFIES the Final EIR, and ADOPTS the Mitigation Monitoring Plan, which is incorporated herein by reference, based upon the following findings and conclusions: A. Significant environmental impacts have been identified in the Final EIR that will require mitigation as set forth in this resolution but cannot be feasibly avoided or mitigated below a level of significance B. All significant environmental impacts from implementation of the Project have been identified in the Final EIR and, with implementation of the mitigation measures identified, will be mitigated to below a level of significance, except for those impacts listed above that cannot be feasibly avoided or mitigated to below a level of significance. C. Other reasonable alternatives to the Project have been considered and rejected in favor of the Project, or in the case of Alternative C, have been incorporated into the design of the proposed Project as mitigation to the impacts originally identified. Resolution No. 11-182 - Page 21 of 24 D. Environmental, economic, social, public safety and other considerations and benefits derived from implementation of the Project override the identified alternatives to the Project The Final EIR is available for review in the City Clerk's office located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. Please see the following page for formal adoption,certification and signatures Resolution No. 11-182 - Page 22 of 24 PASSED, APPROVED, AND ADOPTED this 2151 day of December 2011. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None I —At�� 41 L. Dennis Michael, Mayor ATTEST: � u " , < Janice C. Reynolds, City Odrk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 21" day of December 2011. Executed this 22 no day of December 2011, at Rancho Cucamonga, California. {✓ Janic C. Reynolds, City Clerk Resolution No. 11-182 - Page 23 of 24 I < I 3 I 10 O I 6429 LSONAVy _ I ST I 210 rc w U VICTORIA njum mm , LINE RD a w U Q N CHU T V w z HILL B > I Wilson Ave. Extension from East Ave. to Wardman/Bullock Rd. ml �I — T -- ��� —— - — — ------------ � I I � \ L-ill' --___-------:---------------------� Vicinity Map Wilson Ave. Extension from East Ave. to Wardman/Bullock Rd. Resolution No. 11-182 - Page 24 of 24