RES-10668 Noise Variance Grant To Irvine Ranch Water DistrictRESOLUTION NO. 10668
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE GRANTING A NOISE
VARIANCE TO THE IRVINE RANCH WATER
DISTRICT FOR CONSTRUCTION OF THE OPA
WELL REPLACEMENT PROJECT LOCATED
AT 678 GRAVIER STREET.
WHEREAS, the Irvine Ranch Water District (IRWD) is proposing to destroy and
abandon an existing potable water well (OPA Well 3) located at 678 North Gravier Street,
and drill, construct and operate a new well (OPA Well 1) on the same site (including support
facilities such as a new chlorine disinfection system, a wet well and pump station, enclosures,
an antenna, and other equipment); and
WHEREAS, the proposed OPA Well 1 will serve to provide drinking water to
Orange Park Acres residents; and
WHEREAS, constructing OPA Well 1 will require IRWD to undertake certain
drilling and construction activities continuously (24 hours per day /7 days per week),
intermittently over a six to eight week period; and
WHEREAS, continuous construction activities such as well drilling, well casing and
gravel pack installation, well development, well testing and pump testing are required in
order to prevent the borehole walls from collapsing and compromising the integrity of well
construction; and
WHEREAS, Orange Municipal Code (OMC) Section 8.24 exempts construction
activities from the noise ordinance, provided that construction takes place between the hours of
7:00 a.m. and 8:00 p.m. Monday through Saturday; and
WHEREAS, construction activities undertaken outside of these hours are subject to the
City's Noise Ordinance including exterior and interior quantitative standards as stated in OMC
Sections 8.24.050 and 8.24.060; and
WHEREAS, well construction activities could result in noise levels that exceed City
noise standards; and
WHEREAS, OMC Section 8.24.120 establishes a procedure for granting a Noise
Variance citing the County's Noise Variance Board as the decision - making body, and
establishes a procedure for appeals of the Noise Variance Board's decision to the City
Council; and
WHEREAS, IRWD has submitted a letter dated May 30, 2012 to the City requesting a
Noise Variance for the construction of the OPA Well Replacement Project; and
WHEREAS, since the County's Noise Variance Board no longer exists, the City
Council is the appropriate decision - making body for a Noise Variance; and
WHEREAS, IRWD has prepared a Mitigated Negative Declaration (MND) for the
OPA Well Replacement Project and made it available for public review between April 24,
2012 and May 24, 2012; and
WHEREAS, IRWD adopted the MND and approved the OPA Well Replacement
Project on June 11, 2012.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Orange:
1. As a "responsible agency" under the California Environmental Quality Act (CEQA) has
reviewed, considered and relied upon the MND for the OPA Well Replacement Project
prepared by IRWD for CEQA compliance; and
2. Hereby grants a Noise Variance to IRWD based on the Findings and subject to the
Conditions of Approval, contained herein.
CONSIDERATIONS AND FINDINGS
Pursuant to OMC Section 8.24.120 and 8.24.130, the City of Orange makes the following
findings:
1. Method & Timing for Achieving Maximum Compliance. Constructing OPA Well
1 is expected to span a five month period (between August and December 2012) and
will require certain construction activities to be performed continuously 24 hours per
day /7 days per week. These activities include well drilling, well casing and gravel
pack installation, well development, well testing and pump testing. Once started,
these activities must be performed continuously in order to prevent the borehole walls
from collapsing and compromising the integrity of well construction. These activities
would be undertaken intermittently over a six to eight week period, with the longest
continuous activity (well drilling) estimated to take up to three weeks.
To reduce noise impacts to adjacent residents, IRWD is proposing to erect 24 -foot
sound barriers around the drill rig. In addition, IRWD has included mitigation
measures in its MND for the project to further minimize noise impacts. These
measures include limiting the types of construction equipment used onsite to types
that generate less noise; requiring all work (except for well construction work that
must be performed continuously) to be performed during daytime hours; requiring
IRWD to notify affected residents; and (if noise levels exceed City noise standards)
requiring IRWD to provide affected residents with options for avoiding noise
exposure (such as offering overnight accommodations elsewhere). The mitigation
measures from IRWD's MND have been included as Conditions of Approval (as
augmented by City staff) for the Noise Variance. Therefore, this Noise Variance
PA
along with the information provided in IRWD's letter request and IRWD's MND)
outlines the methods and timing whereby the Applicant must reduce construction
noise impacts to the maximum extent practicable.
2. Magnitude of Noise. IRWD's MND estimates that even with the proposed 24 -foot
sound barriers around the drill rig, drilling noise could reach between 58 dBA and 69
dBA at 100 to 160 feet from the drill site. The closest residential property line is
approximately 20 feet from the drill site. Therefore, drilling noise will likely be
audible to surrounding residents. Though such construction noise is exempt from City
noise standards during the normal construction hours of 7:00 a.m. through 8:00 p.m.
Monday through Saturday, construction of OPA Well I will require certain
construction activities to be performed continuously 24 hours per day /7 days per
week, intermittently for a six to eight week period. During that period, drilling,
testing and pumping the well may exceed City noise standards at surrounding
residential property lines. Considering the magnitude of the drilling noise and the 24
hours per day /7 days per week drill timing and duration, Conditions of Approval have
been required. These Conditions reflect the construction noise mitigation measures
included in IRWD's MND for the project (as augmented by City staff) and require
IRWD to erect sound barriers around the drill rig during drilling (which will
minimize noise generation at the source). The Conditions also require IRWD to
provide affected residents with a means of avoiding unacceptable noise exposure
should noise levels exceed City noise standards at the noise receptor).
3. Surrounding Uses. The project site is located in a single family residential
neighborhood, with residential uses to the immediate north and south and across
Gravier Street to the east. Multifamily uses are located across Prospect Street to the
west of the project site. The closest residential property line is approximately 20 feet
from the drill site. Considering the single family residential nature of the surrounding
land uses along with the magnitude, duration and nighttime work hours associated
with drilling, Conditions of Approval have been required.
4. Time and Economic Factors. In order to feasibly construct a well, well drilling,
testing and pumping must be performed continuously (24 hours per day, 7 days per
week), intermittently for a six to eight week period to prevent well collapse. During
this period, construction will involve nighttime work and could exceed City noise
standards. Therefore, Conditions of Approval have been required to minimize noise
during drilling, testing and pumping. These Conditions reflect the construction noise
mitigation measures included in IRWD's MND for the project (as augmented by City
staff).
5. General Public Interest and Welfare. The purpose of the proposed project is to
replace an existing degraded groundwater well with a new well that will provide
drinking water to Orange Park Acres residents. Although construction of the well will
cause short-term construction noise impacts to adjacent residents, the long -term
benefit of providing adequate infrastructure to serve drinking water to City of Orange
residents is in the best interest of the general public. Further, construction impacts to
adjacent residents will be minimized to the extent feasible through implementation of
the Conditions of Approval contained herein.
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CONDITIONS OF APPROVAL
1. During well drilling, testing, construction and well development for OPA Well 1, IRWD
shall erect a temporary noise - attenuating barrier at least 24 feet tall (e.g. sound absorbing
walls, panels, blankets, curtains or a combination thereof) around the project site to
comply with the City's Noise Ordinance and reduce construction noise impacts to
surrounding residents to the greatest extent practicable. The noise attenuating barrier shall
fully enclose the drill rig and any access openings shall be oriented away from residential
uses as feasible.
IRWD shall periodically monitor noise levels during well drilling, testing, construction
and well development and provide those results to the City of Orange upon request. If it
is physically infeasible for noise barriers to reduce noise levels at surrounding residential
property lines to below City noise standards between the hours of 8:00 p.m. and 7:00
a.m., IRWD shall offer and provide affected residents options to reduce or avoid elevated
noise levels. Options may include but are not limited to temporarily relocating affected
residents to quality reasonably priced local hotels during periods of nighttime work.
2. All other construction activities (including destruction of OPA Well 3, construction of
onsite structures, maintenance activities and all spoils and materials transport) shall be
performed during normal construction hours as specified in OMC 8.24.070 (7:00 a.m. to
8:00 p.m. Monday through Saturday). IRWD may impose more restrictive normal
construction hours, but in no event shall work hours extend beyond what is specified in
OMC 8.24.070 (7:00 a.m. to 8:00 p.m. Monday through Saturday).
3. Electrically powered equipment instead of pneumatic or internal combustion powered
equipment will be used, where feasible.
4. Worker vehicles, materials stockpiles and mobile equipment staging, parking and
maintenance areas shall be located onsite and as far as practicable from residential
properties.
5. The use of noise producing signals, including horns, whistles, alarms and bells will be for
safety warning purposes only.
6. No public address or music systems will be used outside of normal construction hours as
specified in OMC 8.24.070 (7:00 a.m. to 8:00 p.m.).
7. The drilling rig shall be equipped with a muffler system that minimizes noise generation.
8. IRWD shall post construction signs at the project site identifying a contact name and
phone number to register noise complaints.
9. At least 10 days prior to commencing construction activities, IRWD shall notify in
writing the City of Orange Community Development Director and all properties within
300 feet of the project site of the start of work. Notice to surrounding properties shall be
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distributed in person to each residence and business as practicable. The Notice shall
describe the project, the construction schedule, the start and end dates for any nighttime
work, nighttime work hours and duration, and a contact name and phone number for
complaints.
10. The onsite construction supervisor will have the responsibility and authority to receive
and resolve noise complaints on behalf of IRWD. Prior to construction commencement, a
clear process will be established that will allow for resolution of any noise issues by
IRWD that cannot be immediately solved by the site supervisor.
11. IRWD shall keep a copy of the Noise Variance onsite at all times. IRWD shall
immediately correct any deficiencies related to compliance with this Noise Variance and
the City's Noise Ordinance, as directed by.the City of Orange Community Development
Director or designee.
ADOPTED this 26 day of June, 2012
ATTEST:
Mary E. y, City Clerk, Orange
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council oftheCityofOrangeataregularmeetingthereofheldonthe26' day of June, 2012, by the
following vote:
AYES: COUNCILMEMBERS: Whitaker, Smith, Cavecche, Bilodeau, Dumitru
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Ma hy, City f Orange