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2001-160RESOLUTION NO. 2001R-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING THE ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS, OVERRIDING CONSIDERATIONS, AND ADOPTING MITIGATION MONITORING PROCEDURES FOR THE BURLINGTON NORTHERN SANTA FE CORRIDOR SOUND WALL PROJECT AND AUTHORIZING COMMENCEMENT OF THE PROJECT WHEREAS, The City Council of City of Anaheim, as the "lead agency" for the Project evaluated in the Environmental Impact Report (~EIR"), finds that the EIR has been prepared in compliance with the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines, and the City of Anaheim Guidelines for the Implementation of CEQA; and WHEREAS, the City Council certifies that it independently reviewed and analyzed the Draft EIR and that the City circulated a Draft EIR which reflected its independent judgment; and WHEREAS, the City Council hereby determines that the Final EIR, comprised of the Draft EIR, a list of persons, organizations, and public agencies commenting on the Draft EIR, comments received from the public and interested agencies, the Responses to Comments prepared by the City, and all attachments and documents incorporated by reference, is complete and adequate, and has been prepared in accordance with CEQA, the State CEQA Guidelines and the City of Anaheim Guidelines for the Implementation of CEQA; and WHEREAS, the City Council finds that the Final EIR provides objective information to assist the City decision-makers and the public-at-large in their consideration of the environmental consequences of the Project; that the public review period provided all interested jurisdictions, agencies, private organizations, and individuals the opportunity to submit comments regarding the Draft EIR and/or the Specific Plan; that the Final EIR was prepared after the review period and responds to comments raising substantive issues relative to the Draft EIR; that the City of Anaheim has reviewed the comments received and has determined that neither the comments received nor the responses to such comments add significant new information regarding environmental impacts to the Draft EIR; and that the responsible officials of the City have based their actions on full appraisal of all viewpoints, including all comments received up to the date of adoption of these findings, concerning the environmental impacts identified and analyzed in the EIR; and WHEREAS, the Final EIR evaluates applicable environmental issues in compliance with CEQA, the State CEQA Guidelines, and the City of Anaheim Guidelines for the Implementation of CEQA, as set forth in the attached docuraent entitled "Findings and Facts in Support of Findings for Potentially Significant Environmental Effects of the BNSF Railroad Corridor Soundwall Project," attached hereto as Attachment No. 1 ("Findings"), incorporated herein by this reference, which Findings are hereby approved and adopted; and WHEREAS, the City Council finds that the impacts of the Project have been mitigated to the extent feasible by the mitigation measures identified in the EIR and in the document entitled "Mitigation Monitoring Program for the Burlington Santa Fe Railroad Corridor Project", a copy of which is attached hereto as Attachment No. 2 ("Mitigation Monitoring Program"), and incorporated herein by this reference; and WHEREAS, the City Council certifies that the Final EIR reflects the independent judgment and analysis of the City of Anaheim and includes changes or alterations required in, or incorporated into, the proposed Project which mitigate or avoid the significant environmental impacts as identified in the Final EIR; and WHEREAS, the significant impacts of the Project have been mitigated to the extent feasible; however, specific economic, social, or other considerations make infeasible the mitigation measures or Project alternatives, as identified in the Final EIR, the Findings and in the document entitled "Statement of Overriding Considerations for the Burlington Northern/Santa Fe Railroad Corridor Soundwall Project" (the ~Statement of Overriding Considerations"), attached hereto as Attachment No. 3, and incorporated herein by this reference; and WHEREAS, the City finds that there are overriding social and other benefits of the project which outweigh the significant effect on the environment, as set forth in the Statement of Overriding Considerations. NOW, THEREFORE, be it resolved by the City Council of the City as follows: 1. The City Council, having reviewed the Final EIR for the Project, certifies that the Final EIR is adequate and complete pursuant to CEQA for the proposed project. 2. Pursuant to Section 21081.6 of the Public Resources Code, the City Council hereby adopts the Mitigation Monitoring Program, and incorporates said monitoring program herein by this reference as if set forth in full herein, and has included the project design features and mitigation measures in the Mitigation Monitoring Program as conditions of approval required for implementation of the project. 3. The City Council hereby adopts the Statement of Overriding Considerations and the Findings made in connection therewith. 2 4. The City Council hereby approves the BNSF Soundwall project, as described in the Final EIR, subject to and conditioned upon compliance with the Mitigation Monitoring Program, and authorizes commencement thereof. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 19th day of June , 2001. ATTEST: 40644.1 Budin~lton Northern Santa Fe Railroad Corddor Soundwall Project FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE BNSF RAILROAD CORRIDOR SOUNDWALL PROJECT 1. BACKGROUND The California Environmental Quality Act ("CEQA"), in Public Resources Code Section 21081 provides that: (No) public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur: (a) The public agency makes one or more of the following findings with respect to each significant effect: (1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. (2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. (b) With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. The City of Anaheim proposes to approve the construction of the Burlington Northern Santa Fe (BNSF) Railroad corridor soundwall project. Due to the potential impacts tothe environment and because the proposed action constitutes a project under CEQA and the State CEQA Guidelines, the City of Anaheim has prepared an Environmental Impact Report (EIR). The Draft EIR identified certain potentially significant effects that may occur as a result of the implementation of the project, unless mitigation measures, project design features (PDF), and/or standard conditions and requirements (SC) are adopted for the project. The Draft EIR was circulated for public review and comment for a 45-day pedod (February 13, 2000 through March 29, 2001) as specified in the CEQA Guidelines. Public comments were received by the City and have been responded to in writing by the City in accordance with CEQA requirements. The City of Anaheim hereby determines that the Final EIR, comprised of the Draft EIR, a list of persons, organizations, and public agencies commenting on the Draft EIR, comments received from the public and interested agencies, the Responses to Comments prepared by the City, and all attachments and documents incorporated by reference is complete and adequate, and has been prepared in accordance with CEQA and the State CEQA Guidelines. 1 Attachment No. 1 Proposed Findings and Facts in Suppo/f of Findings BudinEton Nodhern Santa Fe Railroad Corridor Soundwall Project The Final EIR identified significant or potentially significant envirenmental impacts, prior to mitigation, that may occur as a result of the project. Thus, in accordance with the provisions of CEQA, the City of Anaheim hereby adopts this Statement of Findings as part of its action to certify the Final EIR and appreve the project. Section 15093 of the CEQA Guidelines requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a preposed project against its unavoidable envirenmental risks when determining whether to appreve the project. Where the decision of the public agency allows the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. Such a statement is called the Statement of Overriding Considerations. The City has prepared the Statement of Overriding Considerations as required by CEQA Guidelines Section 15093. The Statement of Overriding Considerations is provided under separate cover. A mitigation monitoring and reporting pregram has been prepared to monitor and report on the implementation of the mitigation measures, project design features, and standard conditions and requirements identified for the project. The mitigation monitoring and reporting program was developed in compliance with Public Resources Code Section 21081.6 and is attached. I1. DESCRIPTION OF PROJECT PROPOSED FOR APPROVAL The project site stretches east from Impedal Highway to Yorba Linda Boulevard/Weir Canyon Road within the BNSF railroad corridor right-of-way. The project alignment is bounded by residential uses in the City of Anaheim along the south side ofthe BNSF railroad right-of-way, and to the north by the BNSF railroad corridor and Esperanza Road in the City of Yorba Linda and unincorporated Orange County. In summary, the project involves the proposed project involves the construction of a soundwall, approximately 3,930 meters (12,900 feet) in length, along the southern border of the railroad right- of-way, extending from Imperial Highway (SR-90) to Yorba Linda Boulevard/Weir Canyon Road. The preposed soundwall will be completelyconstructed within the railroad right-of-way along the south side of the corridor adjacent to existing single-family and multi-family residence.sin the City of Anaheim. In accordance with Section 15126.6 of the CEQA Guidelines, Section 5 of the Final EIR includes an alternatives discussion that analyzes a reasonable range of altematives that could feasibly attain the basic objectives of the project and evaluates the comparative merits of the alternatives. The following alternatives to the proposed project are evaluated in this Final EIR: · No Project/No Action · Masonry Block Soundwall · Alternative Design Components Section 15126.6(c) of the State CEQA Guidelines specifies that an EIR should also identify any alternatives that were considered by the lead agency but were rejected as infeasible and briefly explain the reasons underlying the lead agencyOs determination. The altematives which have been considered and eliminated in the Final EIR include: an alternative site for implementation of the project, lowering the railroad tracks, and sound attenuation of the homes to the south of the BNSF railroad corridor. III. FINDINGS CONCERNING POTENTIALLY SIGNIFICANT IMPACTS THAT WOULD BF REDUCED TO A LEVEL CONSIDERED LESS THAN SIGNIFICANT C:\TEM~FINDIN(~S DOC Proposed Findings and 2 Facts in Support of Findings Burlington No,them Santa Fe Railroad Corridor $oundwafl Project The following discussion identifies the impacts in the F~nal EIR that have been identified as being potentially significant but reduced to a level considered less than significant with the implementation of PDFs, SCs, and/or mitigation measures. This section focuses only on those topical issues where significant impacts were identified in the EIR. The potentially significant impacts are numbered in accordance with the identification of impacts in the Final EIR. A. IMPACTS RELATED TO NOISE Section 4.1 of Final EIR addresses the project's potential impacts related to noise. The following impacts were identified: Impact 4.1-1 - Although construction noise will be temporary and is not considered a significant impact by the City of Anaheim Noise Ordinance, it can be perceived as an annoyance by nearby residents. Findings Although not considered a significant environmental impact, the annoyance of construction noise can be limited with the implementation of noise control measures. Alterations have been required in, or incorporated into, the project which mitigate or avoid negative effects on nearby residents. Facts in Support of Findings Impact 1.1 would be reduced to a level considered less than significant with the application of the following mitigation program. Additional facts in support of these findings are included in the Final EIR, incorporated herein by reference. Mitil:lation Measures MM 1-1 Construction activities shall not take place between the hours of 7:00 p.m. and 7:00 a.m. on weekdays, including Saturday or at any time on Sunday or a Federal Holiday. MM 1-2 The construction contractors shall place maintenance and support operations in the least-disruptive area, to be approved by the City Engineer. MM 1-3 The City of Anaheim shall maintain ongoing communications with the adjacent Anaheim and Yorba Linda communities with notifications of the proposed work, time-frame, and control measures. MM 1-4 When there is an option available, the construction contractor shall opt for quieter equipment. B. IMPACTS RELATED TO AESTHETICS Section 4.2 of the Final EIR addresses the project's potential impacts related to aesthetics. The following potentially significant impacts were identified: Impact 4.2-2 - The soundwall could attract graffiti vandals to the site. C:\TEMP\FINDINGS.DOC Proposed Findings and 3 Facts in Support of Findings Budin~lton Northern Santa Fe Railroad Corridor Soundwall Project Finding The proposed project could potentially attract graffiti vandals which could negatively affect the appearance of the completed soundwall. Changes or alterations have been required in, or incorporated into, the project which reduce the significant effects on the environment. Facts in Support of FindinRs Impact 4.2-2 would be reduced by the implementation of the following mitigation program identified below. Additional facts in support of these findings are included in the Final EIR, and incorporated herein by reference. Miti9ation Measures MM 2-1 The City of Anaheim will provide for graffiti clean-up and repair and service required for the maintenance of the soundwall. C. IMPACTS RELATED TO HYDROLOGY AND WATER QUALITY Section 4.3 of the Final EIR addresses the project's potential impacts related to hydrology and water quality. The following potentially significant impacts were identified: Impact 4.3-1 - During construction, the proposed project has the potential to significantly impact water quality by causing soil erosion at an accelerated rate during storm events. FindinR Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of FindinRs Impact 4.3-1 would be reduced to a level considered less than significant with the application of the mitigation program identified below. Additional facts in support of these findings are included in the Final EIR incorporated herein by reference. Mitigation Measures MM 3-1 The City of Anaheim Public Works Department shall be responsible for filing a Notice of Intent and filing the appropriate fees pursuant to the National Pollutant Discharge Elimination System (NPDES) program. The City shall incorporate storm water pollutant control measures into a Storm Water Pollution Prevention Plan. Best Management Practices (BMPs) shall be implemented to the maximum extent practicable. Proper clearances will be obtained through the Regional Water Quality Control Board (RWQCB), shall be obtained and verified by the City Engineer pdor to the start of any grading or other construction related activities on site. D. IMPACTS RELATED TO AIR QUALITY Section 4.3 of the Final EIR addresses the project's potential impacts related to air quality. The following potentially significant impacts were identified: C:\TEMP~INDINGS.DOC Proposed Findings and 4 Facts in Support of Findings Burlington No,them Santa Fe Railroad Corddor Soundwall Project Impact 4.5-t Emissions of PM~o are sensitive on the peak day and could adversely impact sensitive receptors in the area. No emissions are considered significant in the peak quarter. Findinf:l Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Findin.qs Impact 4.5-1 would be reduced to a level considered less than significant with the application of the mitigation program identified below. Additional facts in support of these findings ara included in the Final EIR incorporated herein by reference. Miti.clation Measures MM 5-1 The contractor will: (1) Moisten soil not more than 15 minutes prior to moving and three times a day or four times a day under windy conditions in order to maintain soil moisture of 12 percent. (2) On the last day of active operations prior to a weekend, holiday, or any other period when active operations will not occur for four or more days, apply water with a chemical stabilizer diluted to not less than 1/20 of the concentration required to maintain a stabilized surface for a period of six months. (3) Water excavated soil piles hourly or cover with temporary coverings. (4) Water exposed surfaces that are not being actively graded at least twice a day under calm conditions. Water as often as needed on windy days when winds are less than 40 kilometers (25 miles) per day or during very dry weather in order to maintain a surface crust and prevent the release of visible emissions from the construction site. (5) Wash mud-covered tires and under-carriages of trucks leaving construction sites. (6) Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or mud which would otherwise be carried off by trucks departing project sites. (7) Cease grading during periods when winds exceed 40 kilometers (25 miles) per hour. (8) Cover loads of dirt on all trucks leaving the site securely with a tight tiffing tarp and provide adequate freeboard space to prevent spillage. E. IMPACTS RELATED TO CULTURAL RESOURCES C:ITEMFSFINDINGS.DOC Proposed Findings and 5 Facts in Support of Findings Budington Northern Santa Fe Railroad Corridor Soundwall Project Section 4.7 of the Final EIR addresses the project[;s potential impacts related to cultural resources. The following potentially significant impacts were identified: Impact 4. 7-1 Earthmoving and excavation activities could impact unknown prehistorical resources which would be considered significant. This impact would be mitigated to a level considered less than significant with implementation of Mitigation Measures 7-1 through 7-4. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Findin.qs Impact 4.7-1 would be reduced to a level considered less than significant with the application of the mitigation program identified below. Additional facts in support of these findings are included in the Final EIR incorporated herein by reference. Mitigation Measures MM 7-1 An Orange County-certified archaeologist and paleontologist shall be retained to attend pre-grade meetings and to monitor earthmoving activities, including clearing, grubbing, and trenching at the site. The monitors would carefully inspect this area to assess the potential for significant prehistoric, historic, or paleontological resources. If a site is uncovered, then a subsurface evaluation may be needed to assess the resource. Further subsurface investigation may be needed if the site is determined unique/important for its prehistoric information. MM 7-2 During construction activities, the archaeologist shall have the authority to temporarily divert or direct earthmoving to allow time to evaluate any exposed prehistoric or historic material. In accordance with Public Resources Code 5097.94, if human remains are found, the Orange County coroner must be notified within 24 hours of the discovery. If the coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission in Sacramento to determine the most likely descendent for the area. The designated Native Amedcan representative then determines in consultation with the property owner the disposition of the human remains. MM 7-3 A final survey and monitodn9 report, including an itemized inventory and pertinent field data, if any resources are found, shall be sent to the property owner and filed with the South Central Coastal Information Center at the University of California State University, Fulledon. MM 7-4 Any recovered prehistoric and historic artifacts shall be offered, on a first right-of-refusal basis, to a repository with a retrievable collection system and an educational and research interest in the materials such as the Fowler Museum of Cultural History (UCLA) and California State University, Fullerton. IV. FINDINGS ON UNAVOIDABLE SIGNIFICANT IMPACTS C:\TEMP~-INDINGS,DOC Proposed Findings and 6 Facts in Support of Findings Burlington Northern Santa Fe Railroad Corridor Soundwafl Project The purpose of this section is to present the findings and facts in the support of findings relative to those project impacts that cannot be reduced to a level considered less than significant with the implementation of PDFs, SCs and/or mitigation measures. A. IMPACTS RELATED TO AESTHETICS The potential aesthetic impacts resulting from implementation of the proposed project are addressed in Section 4.2 of the Final EIR. The following potentially significant impacts were identified: Impact 4.2-1 - The construction of the soundwa/I will create a significant visual change to the residents north of Esperanza Road with views of the Burlington Northem/Santa Fe Railroad confdor. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or alternatives identified in the final environmental impact report. The City of Anaheim is adopting a Statement of Overriding Considerations to address this impact of the project. Facts in Support of Findinl:lS Impact 4.2-1 would be reduced with the application of the project design features and mitigation measures identified below; however, this impact would remain significant. Proiect DesiRn Features PDF 2-1 The proposed project design shall feature wall treatments including fiat, neutral colors for soundwall columns, caps, and panels. Miti.qation Measures MM 2-2 The City of Anaheim shall work cooperatively with the City of Yorba Linda in an effort to identify and secure funding to provide for visual screening in order to reduce the visual impact of the soundwall. In order for the project to meet the project objectives of noise reduction to bring the project study area into compliance with Anaheim General Plan standards, the wall must be of sufficient height to block noise from the train engines. The wall would be constructed to a height of approximately six feet above the top of the train engine, running parallel to the tracks. This will result in a wall height up to as much as 28 feet above the elevation of the existing railroad track. As a result, the wall would be very visible to surrounding residents. The project design features and mitigation measure identified above would reduce the level of aesthetic impactsresulting from project construction and introduction of a soundwall into the viewshed from areas to the north and west of the project; however, this impact would not be eliminated. Only the "No ProjectJNo Action Alternative" of the alternatives analyzed inSection 5 of the Final EIR would avoid this impact. Because this alternative fails to meet the project objectives as identified in Section 3.4 of the Final EIR, this alternative has been rejected, and the aesthetic impact resulting from development of the project is balanced bythe benefits of the proposed project, Proposed Findings and Facts in Suppor~ of Findings Budin~lton Northern Santa Fe Railroad Corddor Soundwall Project as described in the Statement of Overriding Considerations. Additional facts in suppod of these findings are included in the EIR, incorporated herein by reference. V. FINDINGS REGARDING ALTERNATIVES TO THE PROPOSED PROJECT The alternatives analysis provided in Section 5 of the Final EIR evaluates alternatives to the proposed project. The analysis identifies alternatives that were previously considered and eliminated as follows: Alternative Site - This alternative would involve the development of the proposed project on an alternative site. The State CEQA Guidelines require an analysis of an alternative location(s) to the proposed project site and notes that [;only locations that would avoid or substantially lessen any of the significant effects of the project need to be considered for inclusion in the EIR[~ (Section 15126.6(0(2)). CEQA further states that [;an EIR need not consider an alternative whose effect cannot be reasonably ascertained and whose implementation is remote and speculativeQ (Section 15126.6(f)(3)). The Proposed Project is to build a soundwall to mitigate a noise problem for the uses south of the BNSF railroad corridor. Although an alternative site or location for the soundwall could potentially alleviate the visual impact to Yorba Linda residents, it would not meet the project objectives of mitigating the rail noise to residents south of the rail line. Therefore this alternative has been rejected for failure to meet the project objectives. Lowering the Railroad Tracks Alternative - Neighboring cities and residents have inquired about the possibility of having the BNSF railroad tracks lowered rather than constructing the proposed soundwall. This alternative would eliminate the visual impact of the soundwall to the residents north of Esperanza Road; however, a wall or fence would be required to be constructed for safety measures to prevent people, animals, and objects from falling onto the tracks. In addition, this altemative would not lower the sound level to the residents to the south to the same degree as the soundwall. Railroad tracks are usually lowered to solve traffic conflict or congestion resulting from at-grade rail crossings. The trench for a railroad track that is lowered acts as a funnel for the noise which is emitted from the top of the tunnel. Although the sound would be lowered, it would not be reduced to the degree necessary to meet the objective of lowering the noise levels to within the City of Anaheim Noise Standards. The cost of lowering the tracks is many times higher than the cost of building a soundwall. The funding for the Proposed Project allocated through federal legislation has been specifically earmarked for soundwall construction. There is no funding available for Iowedng the tracks thereby making this alternative infeasible. This alternative was addressed in previous rail studies for expansion in the area and was dismissed due to cost. Therefore this alternative has been rejected for failure to meet the project objectives and infeasibility. Sound Attenuation of the Homes Alternative - A public workshop was held by the City of Anaheim for the Proposed Project on Thursday, June 29, 2000. At that workshop a suggestion was made to look at the possibility of sound attenuating the homes south of the BNSF railroad corridor rather than constructing the soundwall. A study was undertaken to address this approach, which can be found in Volume 2, Appendix 10, Home Sound Insulation Noise Analysis Technical Report. This alternative would eliminate the visual impact of the soundwall to the residents north of Esperanza Road. This alternative only addresses the interior noise problem and does not reduce the noise level in the yards of the residents south of the railroad corridor. This would not be consistent with the City of Anaheim Noise Standards, which makes this alternative inconsistent with the Proposed C:\TEMF~FINDINGS+DOC Proposed Findings and 8 Facts in Support of Findings Burlington Northern Santa Fe Railroad Corridor Soundwall Project Project objectives. In addition, the noise attenuation would only be successful if the house was completely closed with no open windows and doora. This altemative would require that all of the homes have central air conditioning, which would induce an added impact of increased energy use. The cost of attenuating the homes would be significantly higher than building a soundwall, at a cost of approximately $15.5 million. The funding for the Proposed Project allocated through federal legislation has been specifically earmarked for soundwall construction. There is no funding available for sound attenuation of the homes which makes this alternative infeasible. Therefore this alternative has been rejected for failure to meet the project objectives and infeasibility. The following alternatives to the proposed project were evaluated in the Final EIR: No Project/No Action - When the NOP was distributed, the existing development within the BNSF railroad corddor between Impedal Highway and the Weir Canyon Road/Yo~'ba Linda Boulevard, south of Esperanza Road included two sets of railroad tracks, signal bddges over the tracks, a bridge at Fairmont, three signal houses, and drainage improvements. The No Project/No Action alternative assumes that the proposed project would not be implemented and the railroad development would remain onsite in its present condition. Masonry Block SoundwallAIternative - This alternative would involve the construction of block soundwall with heights necessary to reduce noise exposure to less than the CNEL 65 dBA exterior and 45 dBA interior for habitable structures in the City of Anaheim study area. This alternative assumes that the soundwall surface facing the train would not be sound absorbing. Alternative Design Components - This alternative would involve the construction of the proposed project with incorporation of design components considered in response to public comments made on the Notice of Preparation and comments made by City of Yorba Linda staff. Design components considered by the analysis include construction of a physical barrier located along the southerly boundary of the BNSF railroad corridor, construction of a physical barrier located along the northern boundary of the BNSF railroad corridor, and construction of a retaining wall in the western area of the Proposed Project within a depressed area adjacent to the rail tracks to allow for filling this existing []holeC and building the soundwall on top of the retaining wall. The analysis for each of the design components considered in Section 5 of the Final EIR includes a description of the component, the feasibility, and potential advantages or disadvantages of each respective measure. Detailed technical reports for each of these measures are included in Volume 2 of the EIR. CEQA REQUIREMENTS Under CEQA Guidelines Section 15126.6, EI Rs are required to consider and discuss alternatives to the proposed project. A critical element of any EIR is the selection of alternatives that warrant detailed review in the document. CEQA Guidelines Section 15126.6 (a) states that: D...an EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives...[] C:\TEMP~FINDINGS.DOC Proposed Findings and Facts in Support of Findings Burlington Northern Santa Fe Railroad Corddor Soundwall Project For each alternative, the Final EIR analysis included a description of the alternative, an overview of the environmental impacts associated with implementation of the project, and a discussion of comparative merits. 10 Proposed Findings and Facts in Suppo~f of Findings BurlinEton Northern Santa Fe Railroad Corridor Soundwall Project PROJECT OBJECTIVES In determining the scope of the altematives analysis, and the reasonable range of the alternatives to be analyzed, the altematives in the Final EIR were framed by considering the project objectives, as well as the significant impacts of the project. The project objectives which were set fodh in the legislation funding the project and the objectives of the City of Anaheim in implementing the project, as identified in the Final EIR, are as follows: Project Legislation Objectives Construct a sound wall at Esperanza Road in Yorba Linda on the south side of the BNSF Railroad corridor. · Invest in research and its application to maximize the performance of the transportation system. · Improve the environment and focus on a strong planning process as the foundation of good transportation decisions. City of Anaheim Project Objectives · Create a project that is consistent with the policies and objectives of the City of Anaheim. · Ensure that the soundwall will mitigate anticipated future rail noise to City of Anaheim residents to a level that is within the City of Anaheim Noise Standards. · Ensure that the soundwall will not discemibly increase the noise level (reflective noise) within the City of Yorba Linde. The findings of the Final EIR alternatives analysis are summarized below. NO PROJECT/NO ACTION ALTERNATIVE Environmental Effects and Feasibility The significant project impacts identified in Sections III and IV of these findings would not result from implementation of this alternative, which would generally leave the site in its current condition. Significant unavoidable aesthetics impacts of the proposed project would be avoided. Comparative Merits The No ProjectJNo Action Alternative would not meet any of the project objectives set forth for the project, as identified above. Under this alternative the residents living south of the railroad corddor would continue to be subjected to noise levels beyond the City of Anaheim Noise Standards. C:\TEMP~FIND[NGS DOC 11 Proposed Findings and Facts in Support of Findings Burlington Northern Santa Fe Raj~road Corridor $oundwall Project Finding While the No ProjectJNo Action alternative would be not result in the negative aesthetics impacts associated with the proposed project, this alternative would not accomplish the project objectives, including consistency with the CityE]s Noise Ordinance. The City finds that the proposed project is preferred over this alternative. MASONRY BLOCK SOUNDWALL ALTERNATIVE Environmental Effects and Feasibility This altemative would alleviate noise levels to an acceptable level at all points south of the cerfidor. Therefore, this alternative is consistent with the primary objectiveof the project to alleviate noise impacts south of the railroad corridor. Resulting noise levels after wall installation would vary from one to four decibels higher than with the proposed soundwall configuration. This alternative would have sound reflecting surfaces which could reflect noise back over the train and into the Yorba Linda community. This reflected noise energy could result in a 2 to 3 dB increase in noise exposure. Therefore, this alternative is inconsistent with the project objective that the project not result in a discernible increase in noise levels within the City of Yorba Linda. Aesthetics [] This alternative would result in significant aesthetic impacts from soundwall construction, which would be higher than the proposed project in all but two of the locations noted on Table 5-1 in the Draft EIR. The wall height would range from 4.3 to 16 meters (14 to 52 feet) in height, an average increase from that of the proposed project. Because the soundwall would be significantly higher in all but two of the locations the visual impact from wall construction would be much more severe than that of the proposed project. Hydrology and Water Quality [] Under this alternative, the anticipated impacts and the proposed mitigation measures to prevent the short-term construction impacts to water quality would be identical to those required for the proposed project as the placement of the soundwall would be in the same location. Biological Resources [;Under this alternative, the anticipated impacts to biological resources would be identical to those required for the proposed project as the placement of the soundwall wall would be in the same location. No significant impacts to biological resources are anticipated with implementation of this alternative or that of the proposed project. Air Quality [3Under this alternative, the anticipated impacts from construction and the proposed mitigation measures to lower PM10 emissions would be nearly identical to those required for the proposed project. No significant impacts to air quality are anticipated with implementation of this alternative or that of the proposed project after application of the recommended mitigation measure. Hazardous Materials [~Under this alternative, the potential impacts during construction and the compliance measures that are in place would be the same as with the proposed project. No significant impacts from hazardous materials are anticipated with implementation of this alternative or that of the proposed project. Cultural Resources SUnder this alternative, the potential impacts from construction and the proposed mitigation measures would be identical to those required for the proposed project. No significant impacts to cultural resources are anticipated with implementation of this alternative or that of the proposed project after application of the recommended mitigation measures. Comparative Merits C:\TEM~FINDINGS.DOC 12 Proposed Findings and Facts in Support of Findings Burlington Northern Santa Fe Railroad Corddor Soundwafl Project The Masonry Block Soundwall Alternative would meet the project objective set forth in Section 3.4 of the EIR which dictates that the future noise level at the first row of residences south of the railroad corridor right-of-way would meet the City of Anaheim Noise Standards. However, this alternative would also conflict with the project objective set brth in Section 3.4 of the EIR which dictates that the project should not discernibly increase the noise level (reflective noise) within the City of Yorba Linda. Under this alternative, the proposed project would result in a discernible increase innoise levels for residents in the City of Yorba Linda ALTERNATIVE DESIGN COMPONENTS Environmental Effects and Feasibility This alternative would involve construction of the proposed project with incorporation of alternative design components designed primarily to reduce aesthetic impacts on residents to the north of Esperanza Road. However, because the proposed project was created through specific fund designation in federal legislation with the express purpose of mitigating the increase in noise created by the BNSF Railroad expansion and projected rail trip increases, funding did not take into consideration the additional costs of installation of alternative design components. Therefore, this alternative is considered infeasible due to lack of funding. Comparative Merits The Alternative Design Component Altemative would meet the project objectives set forth in Section 3.4 of the EIR. This alternative would have identical impacts to the proposed project with the exception of aesthetic impacts to residents of Yorba Linda which could potentially be reduced to a less than significant level. C:\TE M f:~FI N DINGS.DO C Proposed Findings and 13 Facts in Support of Findings Burlington Northern Santa Fe Railroad Corridor Soundwall Project Final EIR BURLINGTON NORTHERN SANTA FE RAILROAD CORRIDOR SOUNDWALL PROJECT MITIGATION MONITORING PROGRAM Introduction The City of Anaheim prepared an EIR for the Burlington Northern Santa Fe Railroad Corridor Soundwall project pursuant to the California Environmental Quality Act (CEQA), as amended (Public Resources Code §21000 et seq.), and in accordance with the State CEQAGuidelines (California Code of Regulations, Title 14, §15000 et seq.). Pursuant to Public Resources Code Section 21002.1 an Environmental Impact Report (EIR) was prepared. The document was circulated for a 45-day public review period from February 13 to March 29, 2001. Comments were received from members of the public and agencies. As required by CEQA, written responses to the comments were prepared. In conformance with Section 21081.6 of the Public Resources Code a Mitigation Monitoring Program (MMP) has been developed to provide for the tracking of mitigation measures. The mitigation measures contained in this MMP reflect the modifications that have been incorporated through the responses to comments and through coordination efforts withmembers of the community. Mitigation MonitorinR Responsibilities The City of Anaheim is the designated lead agency for the MMP. The Public Works Department is responsible for review of all monitoring reports, enforcement actions, and document disposition, unless otherwise noted in the Mitigation Monitoring Matdx. As the project proponent, the City is also responsible for implementation of the mitigation measures Mitigation Monitoring ProRram Format The MMP is provided in matdx format to facilitate effective tracking and documentation of the status of mitigation measures. The matrix provides for the following categories: · Mitigation Measure -- This column provides a verbatim listing of the mitigation measure from the Mitigated Negative Declaration. · Method of Verification -- The documentation requirements necessary for demonstrating compliance with the mitigation measures are outlined. · Timing of Verification --This column of the matrix has been provided to highlight the timing when verification of implementation should occur. Approving or Verifying Authority -- While it is ultimately the responsibility of the City of Orange to ensure that the mitigation measures are implemented, this column identifies the agency that is responsible for approving or ved~ng that the measure has been implemented satisfactorily. Matrix Acronyms The following are acronyms used in the Mitigation Monitoring Matrix: MOU NOI NPDES Memorandum of Understanding Notice of Intent National Pollutant Discharge Elimination System R:/ProjectsJKFM/J002 MMPq)60501 ,doc Mitigation Monitoring Program attacnmen% NO. 2 Burlington Northern Santa Fe Railroad Corridor Soundwall Project Final EIR RWQCB SWPPP Regional Water Quality Control Board Storm Water Pollution Prevention Plan Mitigation Monitoring Program Burlington Northern Santa Fe Railroad Corridor Soundwall Project Final EIR MITIGATION MONITORING PROGRAM BSNF SOUNDWALL PROJECT NOISE 1-1 Construction activities shall not take place between the hours of 7:00 p.m. Verify inclusion in During construction City of Anaheim and 7:00 a.m. on weekdays, including Saturdays, or at any time on Sunday )lans and activities Director of Public or a Federal holiday, specifications; Works )edodic site 1-2 The construction contractors shall place maintenance and support operations ~nspections in the least-disruptive area, to be approved by the City Engineer. 1-3 The City of Anaheim shall maintain ongoing communications with the adjacent Anaheim and Yorba Linda communities with notifications of the proposed work, time-frame, and control measures. 1-4 When there is an option available, the construction contractor shall opt for quieter equipment. AESTHETICS 2-1 The City of Anaheim will provide maintenance of the soundwall for graffiti Respond to Ongoing. City of Anaheim clean-up, repair, and service required for the maintenance of the soundwall, reports of graffiti. Director of Public Works 2-2 The City of Anaheim shall work cooperatively with the City of Yorba Linda and Develop a MOU Prior to project City of Anaheim the County of Orange in an effort to identify and secure funding to provide for with the City of construction Director of Public visual screening in order to reduce the visual impact of the soundwalL Yorba Linda. Works R/Project~KFM/J002 MMPi60501 .~3c 3 Mitigation Monitoring Program Burlington Northern Santa Fe Railroad Corridor Soundwall Project Final EIR HYDROLOGY AND WATER QUALITY 3-1 The City of Anaheim Public Works Department shall be responsible for filing Copy of NOI and During project design City of Anaheim a Notice of Intent and appropriate fees pursuant to the NPDES program. The inclusion of review prior to Director of Public City shall incorporate stonm water pollutant control measures into a SWPPP. SWPPP issuance of grading Works Best Management Practices shall be implemented to the maximum extent requirements in 3ermits practicable. Proper clearance will be obtained through the RWQCB shail be the contract obtained and verified by the City Engineer prior to start of any grading or specifications and other construction related activities on site. periodic site inspections Burlington No,.thern Santa Fe Railroad Corridor Soundwall Project Final EIR AIR QUALITY 5-1 The contractor will: (1) Moisten soil not more than 15 minutes prior to moving and three times Verify inclusion in During contract City of Anaheim a day or four times a day under windy conditions in order to maintain soil plans and specification Director of Public moisture of 12 percent, specifications; development. Works periodic site (2) On the last day of active operations prior to a weekend, holiday, or any inspections other period when active operations will not occur for four or mom days, apply water with a chemical stabilizer diluted to not less than 1/20 of the concentration required to maintain a stabilized surfaco for a period of six months. (3) Water excavated soil piles hourly or cover with temporary coverings. (4) Water exposed sun'aces that are not being actively graded at least twico a day under calm conditions. Water as often as needed on windy days when winds are less than 25 miles per day or during very dry weather in order to maintain a surface crust and prevent the release of visible emissions from the construction site. (5) Wash mud-covered tires and under-carriages of trucks leaving construction sites. (6) Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or mud which would otherwise be carded off by trucks departing project sites· (7) Cease grading during periods when winds exceed 25 miles per hour. (8) Cover loads of dirt on all trucks leaving the site securely with a tight fitting tarp and provide adequate freeboard space to prevent spillage. R:/Pro~:[S/YJ:M/J002 MMP~0501 d~c 5 Mitigation Monitoring Program Burlington Northern Santa Fe Railroad Corddor Soundwall Project Final EIR CULTURAL RESOURCES 7-1 An Orange County-certified archaeologist and paleontologist shall be 1. Inclusion of Pre-grading City of Anaheim retained to attend pre-grade meetings and to monitor earthmoving activities, requirement conference and Director of Public including clearing, grubbing, and trenching at the site. The monitors would for grading/excavation Works carefully inspect this area to assess the potential for significant prehistoric, amhaeologist historic, or paleontological resoumes. If a site is uncovered, then a in the subsurface evaluation may be needed to assess the resoume. Further contract subsurface investigation may be needed if the site is determined specification. unique/important for its prehist0dc information. 2. Having 7-2 During construction activities, the archaeologist shall have the authority to monitor on temporarily divert or direct earfhmoving to allow time to evaluate any exposed site during prehistoric or historic material. In accordance with Public Resources Code grading 5097.94, if human rereains are found, the Orange County coroner must be operations notified within 24 hours of the discovery. If the coroner determines that the and approval remains are not recent, the coroner will notify the Native Amedcen Hedtage of final Commission in Sacramento to determine the most likely descendent for the construction area. The designated Native American representative then determines in report by the consultation with the property owner the disposition of the human remains, archaeologist 7-3 A final survey and monitoring report, including an itemized inventory and pertinent field data, if any resources are found, shall be sent to the property owner and filed with the South Central Coastal Information Center at the University of California State University, Fulterton. 74 Any recovered prehistoric and historic artifacts shall be offered, on a first right-of-refusal basis, to a repository with a retrievable collection system and an educational and research interest in the materials such as the Fowler Museum of Cultural History (UCLA) and California State University, Fullerton. R:/Project s,,Y,F M/JC02 MMPq360501 doc 6 Mitigation Monitoring Program Burlington Northern/Santa Fe Railroad Corridor Soundwall Project STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE BURLINGTON NORTHERN/SANTA FE RAILROAD CORRIDOR SOUNDWALL PROJECT I. INTRODUCTION The City of Anaheim ("City") is the Lead Agency under the California Environmental Quality Act CCEQA") for preparation, review and certification of the Burlington Northern/Santa Fe (BNSF) Railroad Corridor Soundwall Environmental Impact Report, State Clearinghouse Number 2000041105 ("EIR'). As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed project and which of those impacts are significant. CEQA then requires the Lead Agency to balance the benefits of a proposed project against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed project. CEQA Section 21081 requires that no public agency approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the agency makes specific findings with respect to those significant environmental effects. Where a public agency finds that economic, legal, social, technological, or other considerations make infeasible the mitigation measures or alternatives identified in the environmental impact report, and thereby leave significant unavoidable effects, the public agency must also find that "specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment." In making this determination, the Lead Agency is guided by CEQA Guidelines Section 15093 which provides as follows: (a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental dsks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable". (b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If any 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. The statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. The Final EIR for the BNSF Soundwall Project identified a number of mitigation measures that reduced many of the significant effects to levels of less than significant. The Final EIR also identified five alternatives to the proposed project to determine if those alternatives could reduce some, if not all, of the significant effects of the proposed project to less than significant. However, for the reasons detailed in the Statement of Findings and Facts in Support of the BNSF Soundwall Project EIR, all of these alternatives were found to be either infeasible or less able to achievethe project objectives than the proposed project. C:\TEMP~OVERRIDING CONS.DOC 1 Attachment No. 3 Statement of Overriding Considerations Burlington Northern~Santa Fe Railroad Corridor Soundwall Projent The City Council of the City of Anaheim, acting as Lead Agency and having reviewed the Final EIR for the BNSF Soundwall Project and the public record, adopts this Statement of Overriding Considerations which balances the benefits of the project against its significant unavoidable adverse environmental impacts in reaching a decision to approve the project. II. SIGNIFICANT UNAVOIDABLE ADVERSE ENVIRONMENTAL IMPACTS Although most potential environmental impacts identified in the Final EIR for the BNSF Soundwall Project have been substantially avoided or mitigated through the identification and adoption of Project Design Features, Standard Conditions, and Mitigation Measures, as described in the Findings, there remains one project impact for which complete mitigation is not feasible, and is considered significant and unavoidable if the project were approved. This impact is identified below and was addressed in the Findings. Impact 4.2-1: The construction of the soundwall will create a significant visual change to the residents north of Esperanza Road with views of the Burlington Northern/Santa Fe Railroad corridor. III. OVERRIDING CONSIDERATIONS The City Council has identified the following overriding considerations in making the determination to approve the BNSF Soundwall Project despite the significant unavoidable adverse environmental impact analyzed in the Final EIR, and identified in Section II above. The benefits of the project, which are described below, outweigh the significant unavoidable adverse environmental impacts. The proposed project would reduce existing noise levels currently in excess of City of Anaheim noise cdteda of 65 dB extedor and 45 dB interior to a level in compliance with City of Anaheim noise cdteda for residences and the Woodsboro Elementary School to the south of the railroad corridor. The proposed project would reduce projected noise levels expected to exceed City of Anaheim noise cdteda of 65 dB exterior and 45 dB intedor to a level in compliance with City of Anaheim noise criteria for residences and the Woodsboro Elementary School to the south of the railroad corridor. The proposed project would reduce the health risk associated with existing and projected severe noise levels thereby resulting in liveable neighborhoods to the south of the railroad corridor. The proposed project would potentially result in increased property values for residences to the south of the railroad corridor. C:\TEMP~OVERRIDING CONS.DOC 2 Statement of Overriding Considerations STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001R-160 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 19th day of June, 2001, by the following vote of the members thereof: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly None None ~ ~31"1~' CLERK b'~ THE CITY 6F ANAHEIM (SEAL)