6.0 COMMENT LETTERS AND RESPONSES TO COMMENTS

Transcription

1 City of Orange Tustin Street/Katella Avenue Intersection Right Turn Lane and Bus Turnout Project 6.0 COMMENT LETTERS AND RESPONSES TO COMMENTS The 20-day public review period for the Mitigated Negative Declaration (MND) began on January 11, 2017 and ended on January 30, During the public review period, two written comments were received on the Draft MND: 1. Letter dated January 30, 2017 from Dan Phu, Orange County Transportation Authority Firm 2. Letter dated January 30, 2017 from Laree Alonso, Orange County Public Works 3. dated January 30, 2017 from Sam Afandi, El Pollo Loco 4. Letter dated January 30, 2017 from Sam Afandi, El Pollo Loco 5. Letter dated January 30, 2017 from Kevin Anderson, Tuskatella LLC Initial Study/Mitigated Negative Declaration 101

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5 City of Orange Tustin Street/Katella Avenue Intersection Right Turn Lane and Bus Turnout Project 1. RESPONSES TO COMMENTS FROM DAN PHU, ORANGE COUNTY TRANSPORTATION AUTHORITY The City has reviewed OCTA s suggestions for consideration as part of the proposed project. During the final design, the City will revise the plan to either relocate or remove the tree well cited in OCTA s letter. The remaining two suggested items cannot be incorporated into the proposed project, as the City developed a conceptual plan that minimizes impacts to adjacent private property owners. While OCTA s suggestions would improve the project s design, they are not required design components and would cause greater impacts to adjacent property owners. As such, the City has opted for a design that minimizes property impacts to the greatest extent possible. The City will continue to coordinate with OCTA throughout construction. Initial Study/Mitigated Negative Declaration 105

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7 City of Orange Tustin Street/Katella Avenue Intersection Right Turn Lane and Bus Turnout Project 2. RESPONSES TO COMMENTS FROM LAREE ALONSO, ORANGE COUNTY PUBLIC WORKS The Orange County Public Works had no comments on the Mitigated Negative Declaration; thus, no further response is necessary. Initial Study/Mitigated Negative Declaration 107

8 Collette Morse From: Sent: To: Cc: Subject: Dave Anderson Monday, January 30, :00 PM Jennifer Le Kevin; Collette Morse RE: EL POLLO LOCO OBJECTION / NOTICE OF INTENT TO ADOPT MITIGATED NEGATIVE DECLARATION NO. ENV Hi Jennifer and Collette, Please see below for El Pollo Loco s objection to the proposed Notice of Intent to Adopt Mitigated Negative Declaration No. ENV and the proposed Bus Turnout in front of their store. Thank you Dave Anderson Tuskatella LLC (714) Office (714) Fax dave@liljenquistproperties.com From: Afandi, Sam Sent: Saturday, January 28, :33 PM To: 'dave@lilijenquistproperties.com' <dave@lilijenquistproperties.com> Subject: El Pollo Loco Objection to City's intent E. Katella Ave. Orange, CA Dear Mr. Anderson, I am in receipt of the attached declaration. Please be advised that El Pollo Loco objects to the attached notice of intent to adopt mitigated negative declaration No. ENV In addition, as discussed yesterday, El Pollo Loco did not receive any type of notifications from the city of Orange and only became aware of the attached intent yesterday. Please let me know should you have any questions and how we can be of an assistance to you objecting to the attached notice. Thanks, Sam Sam Afandi Director, Assets 3535 Harbor Blvd., Suite 100 Costa Mesa, CA TEL:

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10 City of Orange Tustin Street/Katella Avenue Intersection Right Turn Lane and Bus Turnout Project 3. RESPONSES TO COMMENTS FROM SAM AFANDI, EL POLLO LOCO The commenter states El Pollo Loco s opposition to the proposed project in the correspondence. With respect to receiving a notice about the project, a Notice of Intent was mailed to the owner and tenant of the property as shown on the latest tax assessor rolls. The Tenant Notice was mailed to 1611 N. Tustin Street, Orange, California, which is the physical location of the El Pollo Restaurant. The restaurant was identified as one of four affected private properties of the proposed project. Initial Study/Mitigated Negative Declaration 110

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14 City of Orange Tustin Street/Katella Avenue Intersection Right Turn Lane and Bus Turnout Project 4. RESPONSES TO COMMENTS FROM SAM AFANDI, EL POLLO LOCO The letter raises concerns regarding impacts to the restaurant related to setback requirements, access and drivethru operations, and landscaping and monument improvements. Setback Requirements. On shown on MND Figure 2, the El Pollo Loco restaurant s setback is 58.5 feet from the public right of way. The proposed project would require the acquisition of approximately 4 feet of property in front of the restaurant, reducing the setback to 54 feet. The minimum building setback for uses within the C-TR (Limited Business Tustin Redevelopment Project Area) District is 10 feet. Thus, the proposed project does not result in a non-conforming circumstance for the restaurant. The City cannot speak to internal requirements established by El Pollo Loco, but the City would not impose new requirements on the restaurant as a result of the proposed project. Access and Drive-Thru Operations. The proposed improvements for the Tustin Street/Katella Avenue intersection are intended to improve traffic circulation, while maintaining access to the commercial properties immediately adjacent to and taking ingress and egress from both streets. The bus turnout would allow busses to stop in a designated area outside of the travel lanes, and would allow vehicles traveling west on Katella Avenue to more easily access the driveways for the Tuskatella Center. With respect to the driveway closest to the El Pollo Loco restaurant, the bus turnout lane tapers down from a maximum of 3 feet at the sidewalk within the shopping center leading to the restaurant to 0 feet at the approximate midpoint of the driveway. Present conditions within the Tuskatella Center allow stacking for one vehicle to make a right turn into the drive-thru aisle; the stacking for vehicles making a left into the drive-thru aisle is equivalent to the length of parking aisle immediately west of the restaurant. With the proposed project, the stacking distance would be reduced a maximum of 3 feet, but would maintain an acceptable stacking distance for one vehicle to make a right turn into the drive-thru aisle. The proposed project does not affect the distance for vehicles making a left turn into the drive-thru aisle. Also, the sidewalk located immediately east of the drive way and the shopping center drive aisle presently extends 30.5 feet from the public right of way to the curb return for the El Pollo Loco drive-thru aisle. With the proposed project the sidewalk would be reduced to 26 feet, thus adequate ADA and pedestrian access would be maintained. On-site accessibility to the drive-thru operations and general circulation around the restaurant would be further discussed with the City, El Pollo Loco, and the Tuskatella Center representatives/owners to ensure that the restaurant and shopping center operations continue both during construction and following project implementation, and that vehicles are not blocking public streets or sidewalks. Landscaping and Monument Improvements. As discussed above, the restaurant s current setback is 58.5 feet from the public right of way, and the proposed project would require the acquisition of approximately 4 feet of property in front of the restaurant, reducing the setback to 54 feet. This area is presently landscaped with grass, a palm tree, and the restaurant s sign. The City would be responsible for replacing affected landscaping and signage as a part of the proposed project. With respect to visibility of the sign, the City intends to and the conceptual plans show protecting the El Pollo Loco sign in place. If field conditions warrant relocation of the sign, the City would coordinate with the restaurant on the exact location of the replaced sign while complying with zoning and safety-related Code requirements. Initial Study/Mitigated Negative Declaration 114

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23 City of Orange Tustin Street/Katella Avenue Intersection Right Turn Lane and Bus Turnout Project 5. RESPONSES TO COMMENTS FROM KEVIN ANDERSON, TUSKATELLA LLC The commenter states Tuskatella LLC s opposition to the proposed project in the letter. Responses to topical areas are provided below. Air Quality. The commenter states that the proposed project would eliminate the use of patio space on the south side of The Vitamin Shoppe and at El Pollo Loco due to increased air quality pollution. The outdoor dining space for El Pollo Loco is on the south side of the restaurant with the drive-thru aisle immediately south of this space. South of the drive-thru aisle is landscaping and then the public right of way (sidewalk, street, etc.). The proposed project would reduce the landscaped area by 5 feet, thus the public sidewalk would be 5 feet closer to the outdoor dining space. The distance of the travel lanes from the restaurant remains unchanged. A minimum sidewalk width of 8 feet would be maintained in the area adjacent to the bus turnout and would be tapered to meet the existing sidewalk with a width of approximately 7 feet 8 inches on the west and 13 feet on the east end of the bus turnout. Presently, the patio space on the south side of The Vitamin Shoppe is not being used for outdoor dining space nor any kind of outdoor seating. The distance of the travel lanes from The Vitamin Shoppe remains unchanged with the exception of reduction at the corner, which would be reduced by a maximum of 9 feet to accommodate the right turn lane transition onto Katella Avenue. It is too speculative to comment regarding future use of The Vitamin Shoppe building for restaurant use and outdoor dining space. Lastly, the MND noted that the proposed project would not generate any new vehicular trips, and thus no new mobile source emissions, as the proposed project relieves traffic congestion, increases mobility, and accommodates existing traffic conditions in the area. Hydrology/Flooding. Adequate stormwater conveyance infrastructure (i.e., curb, gutter, storm drain inlets, and storm drains) is already in place at the project site and would be relocated to accommodate stormwater flows. The proposed project does not involve raising the streets, but would relocate the curb and gutter to the new roadway limits and thus, accommodate the same volume of street flow as existing conditions. The proposed curb height of 8-inch curb face is the same as the existing condition. The replaced stormwater infrastructure would be consistent with the County of Orange Local Drainage Manual (1996). For an arterial highway, the system would provide protection for a 10-year flood level within the area between the curb face and the beginning of the travel lane. The infrastructure would also be designed for the 100-year flood level, which allows for flooding up to 1-foot below the finished floor of buildings outside the public right of way. Noise. The MND acknowledged that the noises levels for the businesses along Tustin Street and Katella Avenue could increase between from 0.1 to 1.5 db. However, the commercial businesses are not sensitive noise receptors whose function depends on a quiet noise environment, and the change in noise level is less than 3.0 db, which is not perceptible to the human ear in outdoor urban environments. Impacts are less than significant. Building Setbacks for AT&T Building. As shown on MND page 71, the AT&T building has a 9.38-foot setback from the public right of way, and as such, currently does not meet the minimum 10-foot setback. The proposed building setback would range from 1.5 feet at the building s southeast corner to 9.38 feet at the northeast building corner (existing condition), due to the tapering of the right turn pocket which begins at the building s midpoint. The MND identifies that the proposed project would create or exacerbate an existing nonconforming condition for this parcel. However, OMC Section , Nonconformities Connected With Public Acquisition, allows for the creation of nonconforming conditions due to property acquisition for Initial Study/Mitigated Negative Declaration 123

24 City of Orange Tustin Street/Katella Avenue Intersection Right Turn Lane and Bus Turnout Project a public use. Under this OMC section, if a lot does not comply with a development standard due to acquisition of a portion of the property for a public use, the remainder of the lot is considered a conforming lot. AT&T Building Secondary Access/Exit. The AT&T building s existing secondary access/exit would be maintained or re-established with the proposed project. ADA Compliance. With respect to existing ADA access to The Vitamin Shoppe, the building currently provides two ADA access locations. Final design plans will clarify that two ADA access locations will be reestablished with the project. Elimination of Parking Spaces. The MND has assumed a worst-case scenario with the potential loss of two parking spaces adjacent to the AT&T building, which could result in fewer parking spaces than specified in OMC standards. The potential loss has been identified relative to the future relocation of the AT&T sign. However, OMC Section allows for the creation of nonconforming conditions due to property acquisition for a public use and recognizes them as conforming. Therefore, the loss of parking spaces does not create a nonconforming zoning issue. Signage Replacement. The proposed project would necessitate the replacement of signage for AT&T. For El Pollo Loco, the City intends to and conceptual plans show the sign will be protected in place. If field conditions warrant sign relocation, the City would coordinate with El Pollo Loco for sign placement. The City would be responsible for replacing all affected signage as a part of the proposed project and would work with both businesses on the exact location for the replacement signs, while complying with zoning and safety-related Code requirements. Destruction of Decorative Landscaping. The proposed project would necessitate the replacement of landscaping on the affected properties. The City would be responsible for replacing affected landscaping as a part of the proposed project. Utilities. The commenter notes that as part of the approval and construction of The Vitamin Shoppe, a fire sprinkler water line was installed and stubbed to the Tustin Street right of way and a natural gas service line was installed and stubbed to the Katella Avenue right of way. Should any of these infrastructure improvements be impacted by the proposed project, it is the City s responsibility to repair or replace these existing improvements. On-Site Circulation/Stacking Lane for Drive-Thru Restaurants. The proposed improvements for the Tustin Street/Katella Avenue intersection are intended to improve traffic circulation, while maintaining access to the commercial properties immediately adjacent to and taking ingress and egress from both streets. The bus turnout would allow busses to stop in a designated area outside of the travel lanes, and would allow vehicles traveling west on Katella Avenue to more easily access the driveways for the Tuskatella Center. With respect to the driveway closest to the El Pollo Loco restaurant, the bus turnout lane tapers down from a maximum of 3 feet at the sidewalk within the shopping center leading to the restaurant to 0 feet at the approximate midpoint of the driveway. Present conditions within the Tuskatella Center allow stacking for one vehicle to make a right turn into the drive-thru aisle; the stacking for vehicles making a left into the drive-thru aisle is equivalent to the length of the parking aisle immediately west of the restaurant. With the proposed project, the stacking distance would be reduced a maximum of 3 feet, but would maintain an acceptable stacking distance for one vehicle to make a right turn into the drive-thru aisle. The proposed project does not affect the distance for vehicles making a left turn into the drive-thru aisle. Initial Study/Mitigated Negative Declaration 124

25 City of Orange Tustin Street/Katella Avenue Intersection Right Turn Lane and Bus Turnout Project Also, the sidewalk located immediately east of the drive way and the shopping center drive aisle presently extends 30.5 feet from the public right of way to the curb return for the El Pollo Loco drive-thru aisle. With the proposed project the sidewalk would be reduced to 26 feet, thus adequate ADA and pedestrian access would be maintained. On-site accessibility to the drive-thru operations and general circulation around the restaurant would be further discussed with the City, El Pollo Loco, and the Tuskatella Center representatives/owners to ensure that the restaurant and shopping center operations continue both during construction and following project implementation, and that vehicles are not blocking public streets or sidewalks. Economic Impacts to Property Owner and Businesses. The MND does not discuss economic impacts of the proposed project, as that type of analysis is not required by the California Environmental Quality Act (CEQA). The purpose of CEQA is to evaluate the environmental impacts associated with a project. The MND has disclosed the environmental impacts of the proposed project. As project plans are finalized, the City of Orange Real Estate Property Section will contact all affected private property owners regarding impacts to businesses during construction and acquisition of property. At that time, business owners will have the opportunity to fully discuss the economic impacts of the proposed project on their individual businesses as part of property negotiations. Access During Construction. As noted in the MND Project Description (page 7) temporary lane closures would occur on Tustin Street and Katella Avenue to allow construction activities within the road ROW. The City would maintain a minimum of two traffic lanes in each direction on Tustin Street and Katella Avenue, within the construction area, so that reasonable two-way traffic flow through the intersection is maintained at all times. In addition, the City s construction contractor would implement traffic control measures to ensure traffic safety during construction. Traffic control measures would be identified in a Traffic Control Plan prepared by a California-licensed Traffic Engineer (retained by the City s construction contractor) and approved by the City Engineer or designee in consultation with the City s Traffic Engineer prior to the start of construction. Traffic control may involve signage, use of delineators, flashing arrow signs, and/or temporary lane lines at the discretion of the City Engineer. All traffic control would conform to the provisions of the Work Area Traffic Control Handbook. During construction, driveways and access to the adjacent commercial properties on Tustin Street and Katella Avenue would be affected. The City would ensure through project scheduling and other means that access to private properties within the construction area is maintained at all times. In addition, the City will coordinate work schedule with the property owner to minimize disruption to onsite operations to the greatest extent feasible. Also, the City would require the construction contractor to provide notification to all businesses and property owners adjacent to the construction area at least seven calendar days prior to beginning construction work. The City would also provide signage indicating that businesses in the area are open during construction. These measures are included in standard City contract specifications Sections 7-10, , and These standard practices reduce potential impacts to a less than significant level. Accidents. The proposed project has been designed to comply with zoning and safety-related Code requirements. The building setback for The Vitamin Shoppe, which is the building on the northwest corner of the intersection, would be reduced from 22.5 feet to 10.5 feet with the proposed project. Although the setback is reduced, the proposed setback exceeds the minimum building standard of 10 feet, and therefore provides an adequate buffer and complies with Code. Initial Study/Mitigated Negative Declaration 125

26 City of Orange Tustin Street/Katella Avenue Intersection Right Turn Lane and Bus Turnout Project Traffic Pole Interference with Aesthetics. The installation of poles for traffic signals, pedestrian crossings, etc. at the intersection is necessary for public safety and are a typical visual component in an urban environment. While the newly installed fixtures may be closer to the buildings within the Tuskatella Center than current conditions, they would be visually similar to what presently exists and would consistent with applicable City, State, or Federal standards. Thus, the aesthetics of the intersection under the proposed project would be similar to existing conditions. Potential for Window/Property Damage. Though the City believes it is unlikely based on the physical configuration of the roadway in relation to the adjacent property, the City acknowledges the concern regarding traffic flipping rocks onto buildings within the Tuskatella Center. This is not an environmental impact associated with the proposed project, but could be the subject of future claims with the City. Such claims if submitted would be evaluated at that time. Tagging. The City acknowledges the comment regarding graffiti or tagging, however, this is not an environmental impact associated with the proposed project. The City removes graffiti and tagging from public property (i.e., parks, bus shelters, street signs, sidewalks, etc.), and strives to deal with vandalism within 48 hours after being notified. Graffiti removal on private property remains the responsibility of private property owners, as it is today. Trash at Bus Shelter. The City acknowledges the comment regarding trash from the bus stop and will share the comment with the Orange County Transportation Authority, who is responsible for maintenance of these areas. This is not an environmental impact associated with the proposed project. Elimination of Bus Shelter. There is an existing shelter in place at the bus stop. The project intends to maintain that existing condition. Initial Study/Mitigated Negative Declaration 126