The following findings are hereby adopted by The Regents in conjunction with the approval of the Project which is set forth in Section III, below.

Transcription

1 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS IN CONNECTION WITH THE APPROVAL OF THE EAST CAMPUS STUDENT HOUSING PHASE III DEVELOPMENT PROJECT UNIVERSITY OF CALIFORNIA, IRVINE I. ADOPTION OF THE MITIGATED NEGATIVE DECLARATION Pursuant to Title 14, California Code of Regulations, Section 15074, the Board of Regents of the University of California ( The Regents ) hereby certifies that the Mitigated Negative Declaration, including the Final Initial Study, for the East Campus Student Housing Phase III Development project (the Project ) at the University of California, Irvine ( UCI ) has been completed in compliance with the California Environmental Quality Act, Public Resources Code Section et seq. ( CEQA ), that the Mitigated Negative Declaration was presented to The Regents, and that The Regents has reviewed and considered the information contained in the Mitigated Negative Declaration prior to approving the Project. The Regents hereby finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the University, and adopts the Mitigated Negative Declaration. II. FINDINGS The following findings are hereby adopted by The Regents in conjunction with the approval of the Project which is set forth in Section III, below. A. Environmental Review Process An Initial Study and Mitigated Negative Declaration were prepared for the Project in accordance with CEQA and the University of California Procedures for Implementation of CEQA. The purpose of the Initial Study was to evaluate the potential environmental impacts of the Project and to determine what level of environmental review was appropriate. The Initial Study and Mitigated Negative Declaration were submitted to the State Clearinghouse in the Office of Planning and Research and circulated for a 30-day public review period beginning on January 24, 2008 and concluding on February 22, During that time, the documents were reviewed by various federal, state, and local agencies, as well as interested individuals and organizations. Comment letters were received from the California Department of Transportation, the City of Irvine, County of Orange Resources and Development Management Department, Orange County Fire Authority, Irvine Ranch Water District, Southern California Association of Governments, the Transportation Corridor Agencies, and the State of California, Governor s Office of Planning and Research, State Clearinghouse and Planning Unit. None of the comment letters raised any new potentially significant environmental impacts that had not already been adequately addressed in the Initial Study/Mitigated Negative Declaration, and no changes were made to the Initial Study/Mitigated Negative Declaration as a result of public comments. Based on the environmental analysis in the Initial Study and review and consideration of the comments received on the Initial Study, UCI determined that the Project would not result in any potentially significant environmental impacts that could not be reduced to below the threshold of significance with the implementation of mitigation measures. Therefore, UCI prepared a Mitigated Negative Declaration that reflects these conclusions. B. Relation of the Project to the LRDP EIR UCI s current LRDP was adopted by The Regents in November The proposed project would be located in UC Irvine s East Campus sector, consistent with the current LRDP land use

2 Page 2 of 8 designation and accommodate approximately 1,760 student bed spaces in two separate communities with resident parking provided in a new structure to be located centrally to the new housing. Site 1 would accommodate approximately 562 graduate students within 386 one and two bedroom apartment units. Site 2 would accommodate approximately 1,198 undergraduate students within 339 two, three, and four bedroom garden apartments and townhomes. Site 3 would accommodate the new approximately 1,700 space parking structure to serve Project residents as well as the existing needs of the Anteater Recreation Center. The Project also includes an approximately 3,000 square foot maintenance shop to support the student community on Site 2 as well as facilities on Site 3. Additional off-site improvements accommodated by the project include: intersection and lane enhancements on California Avenue; landscape improvements, including streetscape along Campus Drive and California Avenue; off-site utility extensions and storm drainage improvements; and the relocation of the approximately.75 acre community garden currently located on Site 2 one-half mile away to an approximately.75 acre site adjacent Anteater Drive and north of California Avenue. The 2007 LRDP identifies capacity to accommodate an enrollment of 37,000 students. The proposed project would further UCI goals to house a greater proportion of its enrollment on the campus; provide affordable, on-campus housing to attract students of the highest caliber; and make available a complete university experience to students. LRDP planning principles support the development of a strong community-in-residence at UCI to address the demand for affordable University housing and to limit campus impacts on the local housing market and traffic circulation system. To meet its 50 percent oncampus housing goal, the LRDP identifies a significant expansion of UCI s housing program designates that most of the new student housing would be developed on the East Campus. The 2007 LRDP land use designation of Sites 1 and 2 is Student Housing. The proposed parking to be developed on Site 3 is also consistent with the Transportation land use designation that is identified for this site in the 2007 LRDP. Additionally, a community garden is consistent with the permitted uses for the site upon which it will be relocated, Open Space General land use. The proposed Project is therefore consistent with the land use plan for the 2007 LRDP. This IS/MND is an independent CEQA analysis; however, background and setting information applicable to the Project are based upon studies and analyses performed for the 2007 LRDP Environmental Impact Report ( LRDP EIR ) (SCH # ). Technical studies performed for the 2007 LRDP EIR were also relied upon for some of the impact analyses for the Project. The Project implements the LRDP program and mitigation measures consistent with those included in the certified 2007 LRDP EIR have been incorporated where relevant. C. Environmental Impacts of the Project The following summarizes the conclusions of the analysis of the project-specific environmental impacts contained in the Initial Study for each of the environmental topic areas evaluated. All referenced project mitigation measures are included in the Initial Study. Implementation of the mitigation measures identified in the Initial Study and incorporated into the Project would reduce all potentially significant impacts to a less-than-significant level. 1. Aesthetics The project s sites are located within a highly urbanized area of the UCI East Campus, and are not part of any scenic vista. The Project would not be visible from Bonita Canyon Road. There are no

3 Page 3 of 8 structures on the project site and those that surround it do not have characteristics which would qualify them as a resource of historic significance. There are no rock outcroppings or other unique and scenic natural features within or adjacent to the proposed project site. The Project would contribute additional lighting and glare within the project area; however, these impacts would be minimized with the implementation of mitigation measures Aes-2A and 2B. Thus, the Project s aesthetics impacts would be less than significant. 2. Agricultural Resources The Project site is located within an existing developed area and would not convert any land currently used for farmland. The community garden is not considered Farmland and will be replaced in kind as part of this project. 3. Air Quality The Project would not result in any conflict with, or obstruction of, the objectives or implementation of the SCAQMD Air Quality Management Plan. The Project s demolition and construction phases would not generate emissions above the SCAQMD thresholds. Implementation of mitigation measure Air-2B would reduce Reactive Organic Gases impacts during the final phase of the Project to below a level of significance. The proposed project is a student housing project that will locate students in close proximity to their academic destinations thereby reducing vehicle traffic. The Project would reduce the demand for driving which in turn would result in a reduction of carbon dioxide from internal combustion vehicle engines. Therefore, Project emissions would not be cumulatively considerable in terms of greenhouse gas impacts. The proposed project would not expose sensitive receptors to significant air pollution concentrations nor create objectionable odor impacts that would affect a substantial number of people. Thus, the project s potential air quality impacts would be reduced to less than significant. 4. Biological Resources The project sites are within an urbanized area of campus and have been previously disturbed. Mitigation measures Bio-1A, 2A, and 2B will be implemented prior to construction on Site 2 in order to reduce potential impacts to wildlife, federal or state listed, or sensitive designated species. The Project site plan will also adhere to a 50-foot setback from a streambed adjacent Site 2 to avoid impacting sensitive habitat. Although deemed a less than significant impact during preparation of the initial study, UCI will notify regulatory agencies that construction of the proposed project would require the alteration of a drainage swale within Site 2 to determine if permits are needed. Implementation of the proposed project would not conflict with LRDP or local policies protecting biological resources that apply to the project sites nor does the proposed project location contain biological resources that are managed under any conservation plans. Thus, with implementation of the identified mitigation measures, impacts to biological resources would be less than significant. 5. Cultural Resources Implementation of the proposed project would not affect historical resources, including those identified in the LRDP as occurring within the East Campus and no archaeological sites are known to exist within the project site or vicinity. Any potential adverse impacts related to paleontological resources would be reduced to less than significant with implementation of mitigation measures Cul-4A, 4B, and 4C. Thus,

4 Page 4 of 8 impacts to cultural resources would be less than significant. 6. Geology and Soils None of the Project sites are located within 50 feet of the UCI Campus Fault. The proposed project would be designed and constructed in accordance with the current CBC seismic safety requirements and subject to UCI requirements related to seismic safety. Due to the relatively flat terrain of the project sites, the probability of seismically induced landslides occurring on the project site is considered remote. Implementation of erosion control measures identified in the project SWPPP would reduce impacts related to soil erosion or the loss of topsoil to less than significant. Additionally, implementation of recommendations in the site-specific geotechnical investigation would reduce hazards associated with unstable and expansive soils to below a level of significance. 7. Hazards and Hazardous Materials The Project is not expected to generate or experience significant exposures to any known hazardous materials. Any hazardous materials utilized during building construction will require mandatory compliance with state and federal regulations to reduce any potential impacts involved with handling, storage, or potential spillage to a less than significant level. The Project is not within the airport land use plan boundaries for John Wayne Airport and would not expose people working in the project area to a safety hazard. The Project would not affect University emergency response plans. There are no wildland areas in or near this highly urbanized part of the campus. Hazards and hazardous materials impacts of the Project are anticipated to be less than significant. 8. Hydrology and Water Quality The Project would be designed in accordance with applicable local, state, and federal requirements and would not conflict with any applicable legal requirement regarding water quality or waste discharge. The Project site is not located over nor does it contribute to a ground water recharge aquifer. Domestic and non-potable water service to the university is not provided from a local groundwater basin. All wastewater produced within the proposed project would be discharged into the campus sewer network that serves the UCI campus, the project would have no point sources of wastewater discharge and thus would have no direct effect upon surface or groundwaters. The Project site is neither located in a flood zone or at risk of inundation from seiches, tsunamis, or mudflows. As a result, hydrology and water quality impacts of the Project are anticipated to be less than significant and implementation of mitigation measures Hyd-1A, 2A, and 2-B would further reduce impacts to a less than significant level. 9. Land Use and Planning The Project will not physically divide an established community. The Project is consistent with the type and intensity of development projected in the LRDP. The Project would not be subject to nor will it conflict with any habitat conservation plan or natural community conservation plan. As a result, no impacts to land use and planning would occur with implementation of the Project. 10. Mineral Resources No known mineral resources exist at the Project site.

5 Page 5 of Noise Construction of the proposed project would require various types of construction equipment, such as scrapers, loaders, graders, and backhoes, which would have the potential to create temporary significant noise impacts during construction. Incorporation of mitigation measure Noi-2A will reduce construction noise impacts to a less than significant level and Noi-1A and 1B the Project s operational noise impacts. The Project is not within the airport land use plan boundaries for John Wayne Airport or within the vicinity of a private airstrip and would not expose people working in the project area to excessive noise levels. As a result, noise related impacts of the Project would be less than significant. 12. Population and Housing Students who would occupy the proposed project may include those not currently residing on, or near the campus, or in Orange County; however, the Project is not expected to result in the construction of new housing or infrastructure that is not already planned as part of the region s anticipated growth. The proposed project is consistent with the LRDP goal to house 50 percent of students on campus and comprises a portion of full build-out of the LRDP analyzed in the LRDP EIR, which concluded less than significant impacts in the area of Population and Housing. The Project would not displace housing. As a result, population and housing impacts are anticipated to be less than significant and no mitigation is required. 13. Public Services Implementation of the proposed project would result in an incremental increase in call generation for fire protection due to the Project s increase in campus population. The CEQA analysis prepared for the 2007 LRDP determined that the addition to the existing call volume related to the proposed project would be within the determined Station #4 capacity, the primary responder serving the UCI main campus. Therefore, the station would be able to accommodate the increased demand for fire protection services on the UCI campus, and implementation of the proposed project would not result in significant impacts related to fire protection. The UCI Police Department meets the general goal of acceptable levels of service based on one officer per 1,000 people. The growth in student population associated with the Project could require additional officers; however, the addition of one or two police officers to the campus force would not result in the need for new police facilities that could have a physical impact on the environment. Therefore, impacts related to police protection would be less than significant. The proposed project would not generate a significant increase in school-age children living oncampus. The project will not result in the need to alter the existing or construct new schools of which could result in significant impacts on the physical environment. The Project sites do not contain parks and are not planned for such uses in the LRDP. Student resident recreation needs are served by the UCI Anteater Recreation Center and other on-campus recreation amenities. The demand for additional public park facilities is not expected to rise as a result of the proposed project. No impact would occur. In sum, significant impacts to public services are not anticipated to occur with implementation of the Project.

6 Page 6 of Recreation The recreational needs of the building s occupants would be met by existing campus facilities, including the Anteater Recreation Center and amenities incorporated into the project. Implementation of the proposed project does not include outdoor parks or require the construction of recreational facilities. Therefore, no impact to parks or other recreation facilities would result from the proposed project. 15. Traffic/Transportation The Project will not result in the exceedence of performance criteria for any of the intersections and off-campus roadway links analyzed within the traffic prepared for the initial study. UCI will continue to reduce vehicle trips and monitor campus trip generation and intersection performance through implementation of mitigation measures Tra-1A, C, and D. With continued implementation of the identified mitigation measures, the proposed project would not result in a significant adverse impact; therefore, the proposed project will not either individually or cumulatively exceed LOS standards. No airports are located in the project vicinity and due to the nature and size of the proposed project; it would not have the potential to affect air traffic. Implementation of the proposed project would not result in safety hazards from design features or incompatible uses. Construction of the proposed project would not require road closures. The Project will result in a net increase of 2018 residential spaces and a net decrease of 580 commuter spaces. As described in the 2007 LRDP EIR, UCI parking staff conducts a campus wide Transportation Demand Management program and regularly monitors parking permit sales, space utilization, and other parking demand factors; therefore, with the amount of parking spaces provided by the Project and regular monitoring by UCI parking staff, no parking related impacts would occur. The UC Sustainable Transportation Policy states that the University will incorporate alternative means of transportation to/from and within the campus to improve the quality of life on campus and in the surrounding community. The campuses will continue their strong commitment to provide affordable oncampus housing, in order to reduce the volume of commutes to and from campus. These housing goals are detailed in the campuses Long Range Development Plans. The proposed housing development is consistent with the UC Sustainable Transportation Policy in that it would minimize the volume of commutes to and from campus through the provision of a larger on-campus housing supply. Thus, the proposed project would result in less than significant transportation/traffic impacts. 16. Utilities and Service Systems The Project would not exceed the wastewater treatment requirements of the applicable Santa Ana Regional Water Quality Control Board. Existing and/or future planned water facilities and supplies as well as wastewater facilities are adequate to serve the Project. Existing campus storm drainage facilities would be adequate to accommodate the increased runoff that would result from project implementation. Development of this project and the water demand associated with the completed facilities would be consistent with projected LRDP demands and IRWD projections for meeting LRDP water demand. The Project would not result in a substantial reduction of the lifespan of the primary solid waste facility serving the Project. As a result, all utilities and service system impacts of the Project would be less than significant. Construction and implementation of the project would comply with University of California Green Building policies including the minimization of solid waste. The Project s impacts to Utilities and Service Systems are anticipated to be less than significant.

7 Page 7 of 8 E. Additional Findings 1. These Findings incorporate by reference in their entirety the text of the Final Initial Study prepared for the Project, the Mitigated Negative Declaration, and the LRDP and the LRDP EIR. 2. All project mitigation measures identified in the Final Initial Study and Mitigated Negative Declaration will be monitored through the Mitigation Monitoring Program adopted by The University in connection with its approval of the project in order to ensure compliance during project implementation. 3. Various documents and other materials constitute the record of proceedings upon which The Regents bases the findings and decisions contained herein. Most documents related to the Initial Study and Mitigated Negative Declaration are located in the Campus and Environmental Planning Office, located adjacent to the Irvine Campus at 750 University Tower, Irvine, California. The custodian for the record of the proceedings is the Director, Campus and Environmental Planning, Irvine Campus. F. Negative Declaration Findings 1. The University has considered the Mitigated Negative Declaration together with the comments received during the public review process and the responses thereto. 2. There is no substantial evidence, in light of the record as a whole before the University, that the Project would result in any significant direct, indirect, or cumulative environmental impacts that would not be mitigated to less-than-significant levels by the mitigation measures identified in the Mitigated Negative Declaration and incorporated into the Project, and that are hereby adopted as a condition of approval of the Project. and analysis. 3. The Mitigated Negative Declaration reflects the University's independent judgment F. Summary Based on the foregoing Findings and the information contained in the record, The University hereby makes the following Findings with respect to the Project: 1. Mitigation measures have been incorporated into the Project that mitigate or avoid the significant environmental effects of the Project as identified in the Final Initial Study and Negative Declaration to a level where clearly no significant effects would occur. 2. There is no substantial evidence in the record that the Project, as mitigated, would have any significant effect on the environment. III. APPROVALS The University hereby takes the following actions:

8 Page 8 of 8 A. Having adopted the Mitigated Negative Declaration for the Project as described in Section I, above, The University hereby approves and makes a condition of the Project all Project elements and mitigation measures identified in the Initial Study, and the mitigation monitoring program. B. The University hereby adopts the Findings in their entirety as set forth in Section II, above. C. Having adopted the Mitigated Negative Declaration independently reviewed and analyzed the Mitigated Negative Declaration and Final Initial Study, conditioned the Project as described above, and adopted the Findings, The University hereby approves the design of the East Campus Student Housing Phase III Development project at the University of California, Irvine campus.