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HomeMy WebLinkAbout06 ACQUISITION PROP. 07-17-00 NO. 6 07-17-00 AGENDA ,nter-Com ~~ TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMEI~TIENGINEERING DIVISION SUBJECT: ADOPTION OF RESOLUTION NO. 00-51 CERTIFYING THE NEGATIVE DECLARATION AND APPROVAL OF ACQUISITION AGREEMENT FOR REAL PROPERTY AT 170 PASADENA AVENUE FOR PASADENA WATER WELL (CIP NO. 6130) SUMMARY This action will authorize the purchase of real property at 170 Pasadena Avenue for the construction of a domestic water well to enhance the City's domestic water supply. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 00-51, approving the environmental determination for the project and the Agreement for purchase of real property at 170 Pasadena Avenue for the project. FISCAL IMPACT The purchase price for the vacant parcel at 170 Pasadena Avenue is $50,000.00 aS determined by an appraisal by the State Department of Transportation. Funds are currently budgeted in the Water Capital Improvement Program for this purchase. BACKGROUND The widening of the SR-55 Freeway and the reconstruction of the First Street bridge over the SR- 55 Freeway by Caltrans in the early 1990's resulted in impacts to a number of land parcels adjacent to the freeway. As part of the freeway project the subject parcel of land was determined to be unbuildable by Caltrans and became available for purchase. This property was determined by the City's Water Services Division to be acceptable as a water well site since it is located outside of the existing underground nitrate plume located generally within the City. The property has been determined by Caltrans to be free from any hazardous materials and contamination at this time. DISCUSSION This domestic water well facility is contained within the City of Tustin's Water Master Plan and is identified as Capital Improvement Project No. 6130. The project will include a new high capacity water well facility located on the west side of Pasadena Avenue near Second Street. These facilities will include the installation equipment, system and storm drain piping, electrical and chlorination equipment, a standby generator, control monitoring equipment, and a pumphouse building. Adoption of Resolution No. 00-51 Certifying the Negative Declaration and Approval of Acquisition Agreement for Real Property at 170 Pasadena Avenue for Pasadena Water Well July 17, 2000 Page 2 It is anticipated that water from this well will not require substantial treatment since it is located outside of the underground nitrate plume. Once the water well is operational the City will be able to reduce water production costs substantially. It is anticipated that Tustin will save approximately $200,000.00 per year in water production cost. Construction is scheduled to begin this fiscal year and be completed by June 2002. An Initial Study/Negative Declaration was prepared and circulated for public comment from June 1, 2000 to July 1, 2000 in accordance with the provisions of the California Environmental Quality Act (CEQA) for the proposed project (see Exhibit A of Resolution No. 00-51). The Initial Study/Negative Declaration discusses potential impact categories and includes appropriate mitigation measures to be implemented during the project. Three comment letters have been received during the public comment period. The letters and corresponding responses to the comments in the letters are provided in Attachment B of the Final Negative Declaration. An Agreement for purchase of the subject parcel from Caltrans is attached (Exhibit B) and is currently being reviewed by the City Attorney. Tim D. Serlet ~.- Director of Public Works/City Engineer TDS:DA:ccg:Pasadena Well Site DouglaS' R. Anderson Senior Project Manager-Transportation Attachments Z Z I ~_5 20 2! 2.3 26 27 28 RESOLUTION NO. 00-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, 1) CERTIFYING THE FINAL NEGATIVE DECLARATION AS COMPLETE AND ADEQUATE AND THAT ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND 2) APPROVING AN AGREEMENT FOR THE ACQUISITION OF A VACANT PARCEL AT 170 PASADENA AVENUE FOR THE PURPOSE OF CONSTRUCTING A NEW DOMESTIC'WATER WELL The City Council of the City of Tustin does hereby resolve as follows' I. The City Council finds and determines as follows: A. That this project was considered by the City Council on July 17, 2000; and B. That the project will provide for the overall enhancement of the City's domestic water supply; C. An Initial Study/Negative Declaration has been prepared for this project and has been distributed for public review. II. The City Council finds and determines that acquisition of the subject property for the purpose of constructing a water well facility is considered a "project" pursuant to the terms of the California Environmental Quality Act. A draft Initial Study/Negative Declaration was prepared and made available for public review from June 1, 2000 to' July 1, 2000. A Final Negative Declaration, attached hereto as Exhibit A, has been completed in compliance with CEQA and State guidelines. 'The City Council has received and considered the information contained in the Initial Study/Negative Declaration prior to approval of the proposed project and finds that it adequately discusses the environmental effects of the proposed project. On the basis of the Initial Study/Negative Declaration and comments received during the public comment period, the City Council finds that although the proposed project could have impacts, there will not be any significant effects because mitigation measures included in the Final Negative Declaration reduce any potential significant effects to a point where clearly no significant effects would occur. In addition, the City Council finds that the project involves no potential for any adverse effects, either individually or cumulatively, on wildlife resources as defined in Section 711.2 of the Fish and Game Code. '1 III. The City desires to acquire a vacant parcel located at 170 Pasadena Avenue, Tustin, California; and The purpose of subject acquisition is to construct a new domestic water well facility; and The State Department of Transportation, owner of subject parcel, has agreed to sell to City subject parcel upon terms and conditions stated in an Agreement (Exhibit B) IV. The City Council hereby adopts Resolution No. 00-51certifying the Final Negative Declaration as complete and adequate and approving an agreement for the acquisition for a vacant parcel at 170 Pasadena Avenue for the purpose of constructing a domestic water well. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 17th of July 2000. ATTEST: Jeffery M. Thomas, Mayor City Clerk Final Negative Declaration Pasadena Avenue Well Facility 170 S. Pasadena Avenue July 3, 2000 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 INITIAL STUDY A. BACKGROUND Project Title: Pasadena AvenUe Well Site Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Minoo Ashabi Phone: 714/573-3126 Project Location: 170 Pasadena Avenue Project Sponsor's Name and Address: City of Tustin/Water Services 300 Centennial Way Tustin, CA 92780 General Plan Desi_o-nation: Public/Institutional Zoning Designation: Public and Institutional Project Description: Acquisition of land and c0nstmction of a water well facility housed in an approximately 1,500 square feet structure with residential appearance Surrounding Uses: North: Public and Institutional South: Residential East: Residential West: Newport Freeway (SR-55) Other public agencies whose approval is required: [-~ Orange County Fire Authority [-"] City of Irvine [--] Orange County Health Care Agency [-"] City of Santa Aha [--I South Coast Air Quality Management [---[ Orange County District EMA Other - State Department of Health Services The environmental factors chec' impact that is a "Potentially Sig.. [--]Land Use and Planning [--]Population and Housing ['-]Geological Problems [--]Water [--]Air Quality [--]Transportation & Circulation [--}Biological Resources [--]Energy and Mineral Resources C. DETERMINATION: ,elow would be potentially affecv this project, involving at least one' .ant Impact" as indicated by the ch,..,~st in Section D below. ['--]Hazards [--]Noise [---]Public Services ['-]Utilities and Service Systems [--]Aesthe.tics ['-]Cultural Resources [--]Recreation [--]Mandatory Findings of Significance On the basis of this initial evaluation: 71 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attache5 si~.~e.'. have been added to the project. A NEGATIVE DECLARATION will be prtparsd. ~-~ I find that the proposed project MAY have a significant effect on the enviror, n~ent, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. " o. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could have a significant effect on the environment, there ~qLL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparer: Minoo Ashabi Title Elizabeth A. Binsack, Community Development Director Associate Planner Date June 1'.2000 1) 2) 3) 4) 5) 6) 7) 8) D. EVALUATION OF ENVIR; 9) Directions ENTAL IMPACTS A brief explanation is required for all answers except "No Impact" answers that are adequately supported by th: information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to proje:ts like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact"answer should be explained where it is based on project-specific factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a proj~:ct-specific screening analysis). All answers must take into account the whole action involved, including off-site, on-site, cumulative project level. indirect, direct, construction, and operational impacts. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers rn;us: indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. !f there are one or more "Potentially Significant Impact" entries when the determination is made. and EIR is required. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effe:~. to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced). Earlier analvses ma3' be used where, pursuant to the tiering, program EIR. or other CEQA process, an effe:: been adequately' analyzed in an earlier EIR or negative declaration. Section 15062 (:) (3)(D). in this case, a brief discussion should identify, the following: a) Earlier Analysis Used. IdentiN.' and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (eo.~., ~-~eneral plans, zbnin~., ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting fnformation Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. EVALUATION OF ENVIRONMENTAl, IMPACTS 1. AESTHETICS- Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? ' c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects,, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act corm'act? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribme substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact "T/'lal? With Mitigation Incorporation Less Than Significant Inlpact No Impact IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, v. ernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict wkh any local policies or ordinances protec:ing biological resources, such as a ~ee preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan. Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: - WOuld the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Potentialiy Signfcant Impact With Mitigation Incorporation Significant Impact i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ' iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil2 c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse2 d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or propeR'? e) Have soils incapable of adequately supporting the use of septic tanks or alte,--native waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS .MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 6.5962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f') For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Potentially Sign~can! Impact 3~gnq~cant With ation It .... poration LeSS T]16117 Significant Impact A'o Impart g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?. f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? Potentially Sign~cant hnpact ~, Than l ~j~l c a l'~ ! Mitigation Incorporation Less Than Sign~can! hnpact No Impact [5] b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or' natural community, conservation plan? X. MINERAL' RESOURCES - Would the project: a) Result in the loss ofavailabiliD' of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availabiliv of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the prpject viciniD' above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII.POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbe~ of existing housing, necessitating the construction of replacement housing elsewhere? Potentially Sign~cant Impact With Mitigation Incorporation Less Than Significant Impact A'o In:pact c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact ',.," gn~cant With Mitigation Incorporation Less Than Sign~cam Impact No lmpuct XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental .facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility, would occur or be accelerated? b) Does the project include recreational facilities or require ',.he construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs ~ e° supportinv, alternative transportation ( .=., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water dr.ainage facilities or'expansion of existing facilities, the construction of which could cause sic, nificant environmental effezts? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or e::~anded entitlements needed? e'~ Result in a determination bv the wastewater treatment provider xvhich serves or ma3' se,we the project that it has adequate capaci~' to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permit-ted capacity. to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality. of the environment,, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community., reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history, or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentiallv Significant Impact ith 61ttigation Incorporation Lcss Than Signiflcan! Impact ,'Vo ]m,nc,2l ATTACHMENT a EVALUATION OF ENVIRONMENTAL IMPACTS WATER WELL SITE AT 170 PASADENA AVENUE PROJECT DESCRIPTION The proposed project includes acquisition of a vacant parcel at 170 Fasadena Avenue (AP. No. 401-543-01) for the purpose of constructing a new high capacity water well to improve water services throughout the City (Exhibit 1 - Conceptual Site Plan/Floor Plan). A conceptual site plan and preliminary operational information provided by the City of Tustin Public Works Department was used for preparation of this document. A separate Initial Study may be prepared for construction and operation of the proposed facility when detailed construction drawings are available. The project site is bounded by residential properties to the south, a vacant parcel to the north, Pasadena Avenue to the east, and the Newport Freeway (SR-55) to the west. The property is zoned Public and Institutional. (P&I). Operation of the well site would be within an enclosed facility designed to complement the residential charscter of the neighborhood. Based on preliminary information provided by the City of Tustin Public Works Department, the following features would be incorporated into the final working plans: The structure would msintain a twenty (20) foot front yard setbE, ck consistent the adjacent residential propeAies. A setting basin and an electrical transformer would be located t3 the resr of the building on the west side. Pumping equipment, electrical and chiori?,ation equipment, a standby generator, control monitoring equipment and a scrubber.system would be located within the building. There are three existing mature trees on the site, one of which would be preserved on the south side of the building. Additional landscaping including trees, bushes snd ground .cover would be installed to enhance the appearance of the building to complement the residential area. · A block wall at least six (6) feet in height would enclose the site on the west, north and south. The wall would be designed compatible with architecture of the building. AESTHETICS Item a though d- "Less Than Significant Impact with Mitigation Incorporated": The project includes acquisition of a vacant parcel for the purpose of constructing a small facility to enclose a well site. The structure enclosing the facility would be a one story building approximately 1,500 square feet in area. The building would be constructed and designed to complement existing houses within the neighborhood. The project site is located in the City of Tustin Cultural Resources Overlay District. Attachment A - Evaluation of Environmental Impacts Pasadena Well Site Page 2 The City has adopted Residential Design Guidelines for new Construction as well as alterations or additions to existing structures within the District. These guidelines would be used in design of the structure. The relative size, mass, material s. nd finishes would be chosen to minimize impacts to the existing historic resources within the neighborhood. Lighting during construction would need to meet the minimum requirements of Occupational Safety and Health Act (OSHA), however lighting would be shielded from.residential properties. Permanent lighting for the facility would be designed to appear residential in character. Sources: Tustin City Code Residential Design Guidelines Tustin Historical Survey Conceptual Plan and Elevation Mitigation/Monitoring Required: All discretionary approval for construction of the well site and structures enclosing the equipment shall be obtained prior to issuance cf bu:,iding permits; Parking for maintenance vehicles shall be located st the rear of the property with proper screening (i.e., landscaping, blo.~k wail) from the neighboring properties; Design, style and construction of the facility shall complement the ex!sting structures within the neighborhood in mass, color and finish; Exterior doors and windows shall be designed with residential features. Windows shall have interior window treatment; The building shall maintain a twenty (20) foot front yard setback consistent with the adjacent Single Family (R-l) residential properties; The facility shall be enhanced by sufficient and a variety of landscaping including, trees, bushes and groundcover to complement the residential character of the neighborhood; and, Permanent lighting shall be designed to prevent spill and glare and be directed away from neighboring properties. The design and placement of .the fixtures shall appear residential in character and complement the architectural style of the structure. 2. AGRICULTURAL RESOURCES Items a through c- "No Impact": The project 'site is located on a vacant parcel within a developed urban area. The proposed acquisition of a vacant parcel for the purpose of constructing a well facility will have no impacts on any farm land, nor will the construction conflict with existing zoning for agricultu.ral use or a Willamson Act Attachment A - Evaluation of Environmental Impacts Pasadena Well Site Page 3 contract. The project will not involve any changes in the existing environment ~nd could not result in conversion of farmland to non-agricultural use. Sources: Tustin City Co~e Public Works Department Mitigation/Monitoring Required: None Required 3. AIR QUALITY Items a through e- "No Impact": The project involves acquisition of a vacant parcel for the purpose of constructing a water well facility with a gas chlorination system. The project does not have the capacity to conflict with or obstruct implementation of any applicable air plan, violate any air quality standard, result in a cumulatively considerable increase of any criteria pollutant as applicable by federal or ambi.snt .~ir quality standard, nor will it expose sensitive receptors to substantial p:,ilutsnt concentrations, or'create objectionable odor affecting a substantial number cf people. The chlorination system would be connected to a small generator powered by 5iesal fuel to provide standby power. The generator will only operate during eme:~=-.ncy situations. The chlorination room will be isolated with no open access and will be designed to contain any potential leaks. A chlorine scrubber will be constructed adjacent to the storage room to neutralize and contain gas in the unlikely event of a leak. The proposed chlorine facilities will not result in creation of any health hazards or expose people to hazardous materials. Risks from a chlorine leak contained in the air tight building with a scrubber are very minimal. Any potential leakage would be contained within the confines of the project site. Grading activities for construction of the project will be conducted in compliance with the City of Tustin Grading Manual and the SCAQMD. Any potential impacts related to air quality will be reduced to a level of insignificance. Sources: South Coast Air Quality Management District Rules & Regulations City of Tustin Grading Manual Tustin City Code Public Works Department Mitigation/Monitoring Required: o Construction documents shall require contractor to ensure that the Attachment A - Evaluation of Em Pasadena Well Site Page 4 ~ental Impacts emergency generator and the scrubber system meet ~.11 SCAQMD requirements. The City shall incorporate regular watering as required by SCAQMD Rule 403 into. construction requirements. Prior to installation of the chlorination facility, the Public Works Department shall obtain approval from the County of Orange Environmental Health Division and the Orange County Fire Authority (OCFA). As part of the OCFA approval, a hazardous material and inventory disclosure form will be prepared including an emergency response/evacuation plan for the facility. The facility will be designed for detection and containment of any potential leakage. 4. BIOLOGICAL RESOURCES Items a through f- "No Impact": The proposed project includes acquisitior-, of 8 vacant parcel for the purpose of constructing a water well facility. 'Fha projec'~ site is located in an urban area with no unique, rare, or endangered species of plant or animal life identified in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife S-:~¥ice. Sources: Tustin City Code Public Works Department Field Observations Mitigation/Monitoring Required: None Required 5. CULTURAL RESOURCES Items a through c- "No Impact": The project includes acquisition of a vacant parcel for the purpose of constructing a water well facility site. The site is located in an urbanized area with no identified historical or archeological resources. Sources: Tustin City Code Public Works Department Field Observations Item b and d -"Less Than Significant Impact with Mitigation Incorporated": Construction of the water well would include excavation of a ten (10) inch test hole to a depth of approximately 1400 feet. After geological logging and water quality sampling, the test hole will be filled with gravel and sealed with bentonite. Construction of the well would include a (16) inch diameter boring to a depth of 1,400 feet. The excavation would be in accordance with the City's Grading requirements. Given the depth of excavation, archeological resources could be encountered. If archeological resources are discovered during excavation, they are Attachment A- Evaluation of Environmental Impacts Pasadena Weil Site Page 5 to be handled in accordance with Section 15064.5 of the California Environmental Quality Act (CEQA) and Public Resources Code Section 21082. Mitigation/Monitoring Required: In case of an accidental discovery of historical or unique srcheological resources, an immediate evaluation by a qualified archeologist shell be executed. If the find is determined to be a unique, historical or archeoiogical resource, appropriate protection and preservation measures shall be taken. o GEOLOGY AND SOILS Items a (i), (iv), b, c, and e- "No Impact": The project site is not located in proximity to a known earthquake fault (AlqUist-Prioio Earthquake Fault Zoning Map). The project will not have substantial adverse effects, including the risk of loss, i~jury or death because of proximity to a known earthquake fault, strong seismic ground shaking, landslides, unstable soil, or soils incapable of adequste!y supportiag th-3 use of septic tanks or waste water disposal. Sources: Tustin General Plan Preliminary Seismic Map Mitigation/Monitoring Required: None Required Items a (ii), a (iii), and c- "Less Than Significant With Mitigation Incorporation": The project site is in proximity of an area that is designated as liquefaction zone in a Preliminary Map released on October 15, 1997 by State Department of Mining and Geology. Construction of the project will require preparation of a soils report and structural calculations for the proposed structures in accordance with the Uniform Building Code and other related codes. With adherence to accepted building practices, no impacts are anticipated. in addition, construction of the water well would include excavation of a ten (10) inch test hole to a depth of approximately 1400 feet. After geological logging and water quality sampling, the test hole will be filled with gravel and sealed with bentonite. Construction of the well would include a (16) inch diameter boring to a depth of 1,400 feet. To minimize the potential for a collapse or creating unstable soils, the excavation would be performed in accordance with the City's Grading requirements. Sources: Preliminary Seismic Map Uniform Building Code Tustin Grading Manual Attachment A - Evaluation of Environmental Impacts Pasadena Well Site Page 6 Mitigation/Monitorin9 Required: Construction plans shal! be prepared to ensure conformance with the requirements of the Uniform Building Code and all other applic-:ble state and local laws, regulations and requirements. o HAZARD AND HAZARDOUS MATERIALS Items a, c through h -"No Impact": Acquisition of a vacant parcel for the purpose of constructing' and operating a well facility does not have the capacity to cause significant hazards such as explosions, hazardous material spills, interference with emergency response plans, or wiidland fires, etc. The project is not located within an airport land use plan or in the vicinity of a private airstrip. Sources: Tustin City Code City of Tustin Public Works Department/ Water Services Division Orange County Fire Authority Orange County Health Care Agency Mitigation/Monitoring Required: None Required Item b- "Less than Significant With Mitigation Incorporation": Acquisition of a vacant parcel for the purpose of constructing and operating a well and chlorination system would include the use of chlorine. The chlorination system would have the capacity of 50 pounds each day with two 150 pound cylinders with a directly mounted vacuum regulator on each cylinder. The chlorination room would be isolated with no open access and will be designed to contain any potential leaks. A chlorine scrubber is provided to neutralize and contain gas in the unlikely event of a leak. The chlorination system would be connected to an emergency scrubber system that would act as a chlorine neutralizer and air remover to exhaust the flow of gas from the enclosed space through the system. Operation and maintenance of the scrubber system would be closely monitored and all operations would meet the Orange County Fire Authority requirements. The materials for construction of the scrubber are required to comply with all applicable federal, state and local ordinances. The proposed chlorination equipment would not result in creation of any health hazards or expose people to hazardous materials. Risks from a chlorine leak contained in the air tight building with a scrubber are very minimal. Any potential leakage would be contained within the confines of the project site. Sources: City of Tustin Public Works Department / Water Services Division County of Orange Environmental Health Division Attachment A - Evaluation of Environmental Impacts Pasadena Well Site Page 7 o Mitigation/Monitoring Required: ' · Prior to installation of the chlorination facility, the Public Works Department shall obtain approval from the County of Orange Environmental Health Division and the Orange County Fire Autho.ri~ (OCFA) will be required. As part of the OCFA approval, a hazardous material and inventory disclosure form shall be prepared including an emergency response/evacuation plan for the facility. The faciii~ shall be 'designed to detect and contain any potential leakage. A Risk Management Plan with specific provisions regarding the procedures and responsible parties shall be prepared by the Public Works Department/Water Operations. Appropriate education and training of the Risk Management Plan shall be provided to responsible in operation of the site. HYDROLOGY AND WATER QUALITY Items a through j -"No im~}act": Acquisition of a vacant parcel fo,- the purpose cf constructing and operating a well facility will not affect standing or moving bodies of water. During drilling, water quality testing, construction and operation of the site ali requirements of the Clean Water Act and National Pol!utant Elimination Discharge System (NPEDS) shall be adhered to. All drill cutting, rotary flui¢, and other by products are to be retained on. site to be transported and dispossd in accordance with the applicable regulations. Sources: 'Tustin General Plan Field Observations Construction Plans and Specifications Mitigation/Monitoring Required: NOne Required item b -"Less Than Significant Impact": A maximum of approximately 1,500 - 2,000 gallons per minute are expected to be withdrawn from groundwater. The water we!! will not have a significant impact in lowering the local ground water table level nor will it deplete ground water supplies or interfere with ground water recharge that would result in a net deficit in aquifer volume. SOUrCeS: Tustin General Plan Field Observations Construction Plans and Specifications Attachment A - Evaluation of Env. Pasadena Well Site Page 8 ant. al Impacts Mitigation/Monitoring Required: · Prior to construction.of the well approval of the Orange County Water District shall be obtained. Construction of the well site requires an approval and amendment to the City's Water Supply Permit Number 04-89-001 issued by the State Department of Health Services (issued on February 1, 1989). 9. LAND USE AND PLANNING Items a through c- "No Impact": The vacant parcel to be acquired is located within the Public/Institutional General Plan 'land use designation and Pubiic and · Institutional (P&I) zoning district.' Construction of a water well facility would require discretionary approval.from the City. The proposed project does not conflict w:.::n the Tustin General Plan, zoning ordinance and other applicable.po',icy or re2u:ations applicable to the area. The project will not physically divide an established community nor conflict with any applicable habitat conservation Souroes: Tustin General Plan Tustin Zoning Code Conceptual Plans Mitigation/Monitoring Required: · All discretionary approval shall be obtained prior to issuance of.building permits. 10. MINERAL RESOURCES Items a and b- "No Impact": The vacant parcel to be acquired was.previously used for residential purposes.. Acquisition of the site and construction of a water well facility will not result in loss of a known mineral resource, or availability of a locally important mineral resource recovery site delineated on the General Plan or other applicable land use maps. Sources: Tustin General Plan Mitigation/Monitoring ReqUired: None Required 11. NOISE Items a, and f- "No Impact": The vacant site to be acquired for the purpose of Attachment A - Evaluation of Environmental Impacts Pasadena Well Site Page 9 constructing a water well facility is located adjacent to a residential neighborhood and the SR-55 Freeway. Operation of the well site would be within an enclosed building that would be adequately i.nsulated to minimize noise levels to outside. The maximum allowable noise level for residential districts is 55 dB for day time hours and 50 dB for 10:00 p.m. to 7:00 a.m. With adequate insulation, the facility will not expose persons or generate noise levels in excess of standards ests, blished in the general plan, noise ordinance, or excessive groundborne vibrations. The project is not located within an airport land use plan or vicinity of a'private airstrip. Sources: Tustin City Code 'Tustin General Plan City of Tustin Public Works Department/ Water Services Division Mitigation/Monitoring Required: None Required Items b, c and d- "Less than Significant With Mitigation Incorporation": Drilling of the well would generate approximately 70 dB for 24 hours a day during construction. The drilling must proceed continuously to kee3 the exc=-'.vate.d boring open. The contractor will include noise reducing messu,.-es to iin-.,~it the night time noise to 50 dB at night and 55 dB during the day consistent w!':.h the City's Noise Ordinance for residential districts. The proposed well site would add operational noise within the surrounding neighborhood. The facility has been designed to meet the standards contained in the City of Tustin Noise Ordinance. Adequate insulation would be installed to ensure that any noise generated from the facility is less than 55 dB at the property line. The contractor for execution and operation of the project would be required to schedule deliveries to the site of equipment and or chemicals during normal City working hours Monday through Friday to mitigate any potential noise impacts. Sources: Tustin City Code Tustin General Plan Cit~ of Tustin Public Works Department/ Water Services DivisiOn Mitigation/M0nitodng Required: The construction documents and contracts shall require that all construction activities meet requirements of the Tustin Noise Ordinance. Adequate insulation would be installed to ensure that any noise generated from construction and operation of the facility is less than 55 Attachment A - Evaluation of Environmental Impacts Pasadena Well Site Page 10 dB at the property line. 12. POPULATION AND HOUSING Items a, b, and c- "No Impact": Acquisition of a vacant parcel that is zoned "Public/Institutional" for the purpose of constructing a water well facility does not have the capacity to increase population in the area or displace e),'isting housin2 or people. Sources: City of Tustin Public Works Department Water Services Division Mitigation/Monitoring Required: None Required 13. PUBLIC SERVICES Item a -" No Impact": Acquisition of a vacant parcel for the purpose of constructing a water well facility does not have the capacity to create signficant additional demand for or alteration of government facilities (fire and police p;otection, schools, parks, etc.). The City's Capital Improvement Program includes funding res?u:ces' for construction and operation of the facility. Sources: City of Tustin Public Works Department/ Water Services Division Mitigation/Monitoring Required: None Required ' 14. RECREATION Items a and b - "No Impact": Acquisition of a vacant parcel for the purpose of constructing a water well facility would not impact neighborhood parks or recreational facilities. Sources: Tustin City Code Tustin General Plan Mitigation/Monitoring Required: None Required 15. TRAN SPORTATIONfTRAFFiC Items a through g-"No Impact": AcquisitiOn of a vacant parcel for the purpose of constructing a water well facility will not significantly affect traffic in the project area. Attachment A - Evaluation of Environmental Impacts Pasadena Well Site Page 11 The well site would operate without On-site siaff. There may be 1-2 trips a day to and from the site for monitoring which would have a minimal impact on traffic in the area. The project will not result i0 a change in air traffic patterns, inadequate emergency access, inadequate parking capacity; nor will it exceed a level of ser~/ice standards established by the county congestion management agency for designed roads or highways or conflict with adopted policies, plans or programs supportin§ alternative transportation. Sources: Tustin City Code Tustin General Plan Mitigation/Monitoring Required: None Required 16. UTILTIES AND SERVICE SYSTEMS Items a, c, d, e, f and g- "No Impact": No impacts to water treatment, wastewater treatment, or solid waste disposal are anticipated, in conjunction with the acquisition of a vacant parcel for the purpose of constructing a water well facility. The storm drain facilities have recently been constructed in the area, which will be suffic:,.~r,t to serve the proposed project. The proposed improvements will meet s.',i the requirements of the City's NPDES permit. Item b- "Less than Significant With Mitigation Incorporation": The prcposed acquisition and water well construction will result in an increase of water supply and reliability to the area, as well as improved water quality and pressure. The additional water supply will limit City's reliability in importing water. Sources: Tustin City Code Tustin General Plan City of Tustin Public Works Department/ Water Services Division Mitigation/Monitoring Required: None Required 17. ¸ MANDATORY FINDINGS OF SIGNIFICANCE Items a, b and c-No Impact: The proposed project is cOnstruction of a well facility to improve water services throughout the City. The project design,' Attachment A - Evaluation of Envi~ Pasadena Well Site Page 12 .ntal Impacts construction and operation will comply with the regulations of the City of Tustin, Air Quality Management District, Orange County Fire Authority, Orange County Water District, and State Depart.rnent of Health Services which reduces any potential impacts related to geological problems, water quality, air quality, health, hazards and noise to a level of insignificance. As such, the project does not have the potential to degrade the quality of the environment nor achieve short- term environmental goals to the disadvantage of the long-term. It does not have impacts that are individually limited but cumulatively considerable or that would cause substantial adverse impacts on human beings. Sources: Tustin City Code Orange County Fire Authority Orange County Water District State Department of Health Services Ma:negdec-pasadena well.doc Exhibit- 1 Conceptual Site Plan and Floor Plan (]NOD:IS ~o · ~; · , . .. . · . .. ,, o. · · :.. ., · .. 0 ATTACHMENT B Response to Comments Pasadena Well Facility Final Negative Declaration A comment letter (Exhibit 1) was received from Martin and Tina Blenz at 270 S. Pasadena dated June 27, 2000. The following responses are keyed to the numbered comments in the letter: 1.1 The height of the wall along the southern property line has not been determined at this time. The final design of the well facility will be determined during the discretionary review process. 1.2 The comment does not pertain to environmental impacts of the proposed project. However, the request will be considered during final design of the project. 1.3 The potential impacts of construction have been identified in the draft Initial Study/Negative Declaration. There will be noise associated with the construction of the facility. Drilling of the well would generate approximately 70 dB for 24 hours a day during construction. The drilling must proceed continuously to keep the excavated boring open. With implementation of a mitigation measure, the contractor Will be required to include noise reducing measures to limit the night time noise to 50 dB at night and 55 dB during the day consistent with the City's Noise Ordinance for residential districts. In addition, the operation of the well site would be within an enclosed building that would be adequately insulated to minimize noise levels to outside. The maximum allowable noise level for residential districts is 55 dB for day time hours and 50 dB for 10:00 p.m. to 7:00 a.m. With adequate insulation, the facility will not expose persons or generate noise levels in excess of standards. There will also be excavation and movement of dirt associated with the construction of the facility. With implementation of a mitigation measure, the contractor will be required to perform regular watering of the soil to reduce dust as required by SCAQMD Rule 403. No vibrations on adjacent properties are anticipated. A comment letter (Exhibit 2) was received from Department of Transportation District 12 dated June 29, 2000. The following are responses to the comments in the letter: 2.1 Comment noted. An Encroachment permit will be obtained if needed. 2.2 The potential hazardous and hydrology impacts associated with construction and operation of the site have been identified in the draft Initial Study/Negative Declaration. The project would include a chlorination system isolated with no open access that will be designed to contain any potential leaks. A chlorine scrubber will be constructed to neutralize and contain gas in the unlikely event of a leak. The proposed chlorine facilities will not result in creation of any health hazards or expose people to hazardous materials. Risks from a chlorine leak contained in the air tight building with a scrubber are very minimal. Any potential leakage would be contained within the conf'mes of the project site. Grading activities 1 onstruction of the project will be . ,,ducted in compliance with the City of Tustin Grading Manual and the SCAQMD. Mitigation measures are included to ensure that construction and operation of the site is in accordance with all federal state and regional regulations. 2.3 Comment noted. Thus far, the construction drawings for the project have not been prepared. However, a block wall-is proposed to be constructed at the perimeter of the project that would be .connected to the existing sound wall. Prior to construction an Encroachment Permit would be obtained. 2.4 The well site would be designed as a single story structure compatible to the existing residential structures in location, mass and height. There would be no visual or physical disturbance to passing traffic. A comment letter (Exhibit 3) was received from California Regional Water Quality Control Board dated July 6, 2000. The following responses are keyed to the numbered comments in the letter: 3.1 Comment noted. The Regional Board's Storm Water Section will be contacted for complianCe with any National Pollutant Discharge Elimination System (NPDES) permit that may be required. 3.2 Comment noted. The Regional Board's Planning Section will be contacted for compliance with Section 401 of the Clean Water Act, water quality certification for dredge and fill operations. 3.3 Comment noted. The Regional Board's Regulation Section will be contacted for a Waste Water Discharge (WDR) Requirements Permit for water discharge to land and or a National Pollutant Discharge Elimination System (NPDES) permit for water discharge to surface water. 3.4 The landscape plans would be prepared for the discretionary approval of the project. At the minimum one fifteen (15) gallon tree and five (5) gallon shrubs for every-thirty (30) lineal feet of property line in accordance with the City's Landscape and Irrigation Guidelines would be provided. 3.5 Landscaping would be provided in accordance with the State Water Conservation in Landscaping Act and the City's Landscape Guidelines that encourages use of drought tolerant vegetation. 3.6 Appropriate best management practices will be incorporated into project design and construction. 3.7 No construction equipment or maintenance such as fueling, or lubrication will be' conducted in close 'proximity to a waterbody. No impacts are anticipated. 3.8 No waster materials will be discharged into drainage areas, channels or streams. impacts are anticipated. No EXHIBIT-1 Comment letter from Martin and Tina Blenz Dated June 27, 2000 June 27, 2000 Martin & Tina Blenz 270 s. Pasadena Ave. Tustin, CA 92780 Home Phone (714)573-9060 Er'nail TinaMarty@aol.cor.n Minoo Ashabi, Associate Planner City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Subject: Future Water Well Site at 170 Pasadena Ave., Tusfin, CA (CIP ~,g6130) There are several issues we would like you to consider during the planning stages of the water well site. 1.) Our property is to. the south of the proposed site. Our bedrooms are located on the northern, side of our home. We currently have an eleven foot soundwall to the rear of our property bemuse of the freeway. We would like the wall you are planning to surround the site with below the level of our bedroom windows so that our house maintains the small vista we currently have. And, our property doesn't appear surrounded by concrete. We currently have open space between homes on our side of Pasadena. 2.) We purchased our house in 1993 from Cai-Trans. We have contacted Cal-Trans regarding the property but they said city/county gets first bid. (seven years seems a little long). We would be interested in purchasing additional land to the north of our property if possible. 3.) We have currently endured a couple of months of heavy construction on Pasadena due to street improvements. We are hoping the construction is not to the same degree regarding dirt, noise, vibrations etc. Your attention to these issues would be greatly appreciated. Sincerely, · Tina Blenz Exhibit 1 EXHIBIT-2 Comment letter from Department of Transportation Dated June 29, 2000 STATE OF CALIFORNIA--BUSINESS AND TRANSPORTATION AGENCY GRAY DAV DEPARTMENT OF TRANSPORTATION DISTRICT 12 3347 Michelson Drive Suite 100 Irvine, CA. 92612-0661 FAX AND MAIL June 29, 2000 Mr. Minoo Ashabi City of Tustin Water Services 300 Centennial Way Tustin, CA 92780 RECEIVED C¢!/, .INiTY DEV; OPi/FNT' File: IGR/CEQA SCH#: 2000061008 Log #: 743 Subject: Pasadena Avenue Well Site Dear Mr. Ashabi, Thank you for the opportunity to review and 'comment on the above project. The project site abuts the SR-55 directly on the west where the projects side walls will come into contact with the SR-55 sound walls. The project consists of acquisition of land and construction of a water well facility housed in an approximately 1,500 square foot structure with residential appearance. A 10-inch diameter test hole will be sunk to 1400 feet initially, followed by drilling the actual well (16-inch diameter) also to a depth of 1400 feet. Caltrans District 12 status is a responsible agency on this project and has reviewed the IS/Negative Declaration dated June 1,2000 and has the following comments: · Any impact to Caltrans Right of Way will require an Encroachment Permit. · Any fugitive soils, water runoff/leakage, or toxic gases migrating onto the state transportation facility from this project will be the responsibility of the lead agency to contain and mitigate. We recognize that the lead agency intends to follow all of the requirements of the Clean Water Act as well as requirements under NPDES. · Connecting property walls to the existing sound wall will require an Encroachment Permit; Caltrans Design Unit can provide specifications for achieving this while preserving the existing sound wail. · Construction of this facility shall not create a visual or physical disturbance to passing traffic during peak traffic hours. Please continue to keep us informed of this project and other future developments, which could potentially impact our transportation facilities. If you have any questions or need to contact us, please do not hesitate to call Maureen El Harake at (949) 724-2086. S~cerely, , ~ Robert F. Jose¢, Chie~ Transpo~ation Planning Branch B Cc: Terry Roberts, OPR Ron Helgeson, HDQRTRS Planning Mory Mohtashami, Permits Jack McVeigh, ROW Andrew Oshrin, Design EXHIBIT-3 Comment letter from California Regional Water Quality Control Board Dated July 6, 2000 Winston H. Hickox Secretary for Enwronrnental Protection met Address: ~.ttp:,'/w':^:'.s,:~Tc.b.ca.gcv/rwqcb8 m Street, Suite 500, Riverside, California 92501-3. Phone (909) 782~,130 - FAX (909) 781-6288 Gray Davis Governor July 6, 2000 Minoo Ashabi Associate Planner City of Tustin, Water Services 300 Centennial Way Tustin, CA 92780 RECEIVED COMMUNi DEVELO? ,i£t¢ RESPONSE TO THE NOTICE OF COMPLETION FOR THE NEGATIVE DECLARATION OF THE PASADENA WELL FACILITY - 170 PASADENA AVE. (SCH #2000061008), CITY OF TUSTIN, ORANGE COUNTY Dear Minoo Ashabi: Staff of the Regional Water Quality Control Board, Santa Ana Region (RWQCB), have reviewed the Notice Of Completio, n for the above referenced project and have the following comments: . . . RWQCB personnel have determined that this project may require coverage under the State Water Resources Control Board's General Construction Activities National Pollutant Discharge Elimination System (NPDES) Storm Water Permit. Please contact Mark Smythe (909) 782-4998 with the Regional Board's Storm Water Section to further discuss your 'project. RWQCB personnel have determined that this project may require coverage under Section 401 of the Clean Water Act, water quality certification for dredge and fill operations. Please contact Kelly Schmoker (909) 782-4990 with the Regional Board's Planning Section to further discuss your project. This project may require dewatering during construction at the site and may require either a National Pollutant Discharge Elimination System (NPDES) permit for the discharge' of wastes to surface waters or a Waste Discharge Requirements (WDR) permit for the discharge of wastes to land, be obtained from the Regional Board. Gary Stewart (909) 782-4379 with the Regional Board's Regulation Section may be contacted to discuss your project. The project description mentions three existing mature trees on the site, of which one will be preserved. Mitigation addressing the displacement of the other two trees should be discussed. 5. Native vegetation should be utilized in both replanting and hydroseeding operations. 6. Appropriate best management practices (BMPs) should be developed and implemented during construction to control the discharge of pollutants, prevent sewage spills, and to avoid tracking of sediments into the streets, storm water conveyance channels, or waterways. · 7. Construction equipment should not be stored within any streambeds. FUeling, lubrication, and maintenance equipment should not be located within any streams or areas where contaminants could be washed into a waterbody. California Environmental Protection Agency Recycled Paper Minoo Ashabi City of Tustin, Water Services - 2 - July 6, 2000 8. No waste material should be discharged to any drainage areas, channels or streams. Spoil sites should not be located within any streams or areas where spoil material could be washed in a waterbody. If you have any questions, please call me at (909) 782-4468 or you may contact Stephanie M. Gasca at (909) 782-3221. Sincerely, Wanda Smith, Chief P~:,,',,-;,,,~ Section - Coastal Waters cc: Scott Morgan - State Clearinghouse California Environmental Protection Agency Re~. cled Paper ,NO..' ~ Z-CL~-~oDD-,~"N; ; U. / "1: DD 072548-01-01 EXHIBIT "B" PURCHASE SALE AGREEMENT In this Agreement dated March 27, 2000 by and between the City of Tustin hereinafter known as BUYER and STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, hereinafter known as SELLER, the parties agree as follows: For the sum of FIFTY THOUSAND DOLLARS DOLLARS . ($'50,000.00), BUYER hereby agrees to purchase and SELLER hereby agrees to sell the real property commonly known as: PASADENA AVENUE And legally described on Director's Deed No. DD 072548-01-01 Subject to the following conditions: All sales over $100,000.00 are made subject to the approval of the California Transportation Commission. II The Buyer and Seller hereby agree to the following terms and conditions governing payment of the purchase price. A. Tendered with this agreement is a check in the amount of $ 5,000.00 representing a 10% deposit for the purchase of the above property.. Bo The balance of the purchase price shall be paid upon the recording of the Director's Deed. III The BUYER agrees to pay any and all recording fees, documentary stamp tax and documentation fees chargeable by the County Recorder. The SELLER will request that these fees be forwarded and the Buyer 'shall submit to the Seller upon demand. IV If applicable, in the evem the California Transportation Commission fails to approve this sale, all monies heretofore paid by the BUYER will be refunded. DD 072548-01-01 Page 2 of 2 V It is expressly understood by the BUYER that the right, title and interest in the property to be conveyed shall not exceed that vested in the State of California and that no policy of title insurance will be furnished by the SELLER. If a policy of title insurance is desired, the SELLER will obtain one, upon request, at the BUYER'S expense. The property is being conveyed subject to any special assessments, restrictions, reservations, or easements of record and subject to any reservations contained in the Director's Deed. BUYER may examine any information the SELLER has relative to these matters. The SELLER is willing to process this sale at no charge to the BUYER, except as set forth in paragraph III above or the BUYER at his option may open an escrow at his own expense. No escrow fees will be paid by the SELLER. VII The BUYER agrees that the title to the property being conveyed shall not pass until the Director's Deed has been recorded. The BUYER hereby agrees to the above terms and conditions of sale. (Buyer's Signature) (Date) (Buyer's Signature) (Date) Please indicate exactly how title is to be vested: The terms and conditions of the above agreemem are hereby accepted, subject to the approval of the California Transportation Commission, if applicable. Brenda Morrison, Chief Department of Transportation Right of Way Excess Land Sales RWPE: R.W. Smith (1-14-2000) space above this line for Recorder's Use Written: RWS Checked: SN Map No. F 1619-1 DIRECTOR'S DEED District County Rca~ Po~t Mile Number 12 Ora 55 10.7 DD 072548-01-01 The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to all that real property in the- County of Orange, Tustin, State of California, described as: Those portions of Parcels 1, 2 and 3, as shown on a map filed in Book 144, page 17 of Parcel Maps, in the office of the County Recorder of Orange County, California; those portions of Lots 2, 4, 6, 8, and 10 of Block B of Bundy's Addition to Tustin, Cal. as shown on a map recorded in Book 16, page 30 of Miscellaneous Records, in the office of the County Recorder of Los Angeles County, California, together with that portion of the North-half of' Second Street in that certain Resolution and Order of Abandonment by the City of Tustin, a certified copy of which was recorded January 28, 1965 in Book 7395, page 170 of Official Records, in first said office; being portions of.those parcels of land acquired by the State of California by: (A.) Quitclaim Deed recorded March 25, 1994 as Document No. 94-0213420 of Official Records, in first said office (Parcel No. 72548-A); Page 1 of 5 MAIL TAX STATEMENTS TO-: Form RW 6-1(S) ('Reviae~d (B.) Deed recorded May 24, 1988 as Document No. 88-242248 of official Records, in first said office (Parcel No. 72549); (C.) Deed recorded May 24, 1988 as Document No. 88-242249 of official Records, in first said office (Parcel No. 72550); and (D.) Corrected Amended Final Order of Condemnation, filed in Superior Court Case No. 594702, in first said county, a certified copy of said final order being recorded July 6, 1994 as Document No. 94-0441401 of official Records, in first said office (Parcel No. 72551); said parcels (A.~, (B.), (C.) and (D.) taken together as a whole, bounded westerly by the California State Department of Transportation Right of Way Line, described in part as follows: California State'Department of Transportation Riqht of Way Line Commencing at the intersection of the center line of Pasadena Avenue (60 feet wide) with the center line of Second Street (50 feet wide), as shown on first said map, thence along said center line of Pasadena Avenue, as said avenue is shown on second said map, North 0°32'09'' East, 254.04 feet; thence at right angles to last said center line, North 89°27'51'' West, 30.00 feet to the westerly line of said Pasadena Avenue, and the Point of Beginning of this line description; thence the following three courses: (1.) South 8"56'31'' West, 349.03 feet; thence (2.) South 14~41'41'' West, 40.11 feet to a point on a non- tangent curve, concave westerly, having a radius of 1556.00 feet, said curve being described in that deed from the State of California (Parcel No. DD 072900-01-01) recorded September 30, 1993 as Document No. 93-0664772 of Official Records, in first said office, said point being 7.83 feet southerly, measured along an arc of said curve, from the northerly terminus of said curve, a radial line of said curve to said point bears South 80"46'11'' East; thence (3.) southerly, along last said curve, through a central angle of 7~35'21'' an arc length of 206 10 feet to the southerly terminus , · of said curve. There shall be no abutter's rights of access appurtenant to the above described real property in and to the adjacent State freeway. Attached hereto and made a part thereof is a map entitled Exhibit "A". This map is for informational purposes only and is subordinate in all respects to the above description. (continued on next page) Page 2 of 5 DD 072548-01-01 (continued from previous page) · This real property description has been prepared by me, or under my direction, in conformance with the Professional Land . Surveyors Act. Robert.W. Smith Licensed Land Surveyor No. 3158 Date: January 14, 2000 Page 3 of 5 DD 072548-01-01/t SECOND STREET APPROX./0.40' / S'LY LINE OF P.U.B. 1,44/17"7-'"""..~ 1 I i I I I I N'LY'LINE OF THE S'LY 506' OF LOT I. TRACT NO. 457 J'~TJD~ L~)T ,t 30'j 30' I I 28 S.F. EXHIBIT "A" This mod is for informational purposes only and is subordinate in all resDects to the attached description. Page 4 of 5 DD 072548-01-01 This conveyance is executed pursuant to the authority vested in the Director of Transpor;2rion b? law and, in particular, by the ~ts and Highways Code. WITNESS my hand and the seal of the Department of Transportation of the State of California. this day of 19 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Director of Transportation By Attorney in Fact STATE OF CALIFORNIA '~ County of Sacramento J ss. On this the ~ day of 19 personally appeared , before'me. PERSONAL ACKNOWLEDGMENT Name, Title of Officer-E.G., 'Jane Doe, Notary Public' _ personalhf known to me _ proved to me on the basis of satisfactory evidence Name of Signer to be the person whose name is subscribed t'o the within instrument and acknowledged to me that ~ he/she executed the same in his/her authorized capacity, and that by ~ his/her signature on the instrument the person, or the entity upon behalf of which the person acted. executed the instrument. WITNESs my hand and official seal. {Notary Public's signature in and for said County and State) Ifo~ hotly sel ~ THIS IS TO CERTIFY That the California Transportation Commission has authorized the Director of Transportation to execute the foregoing deed at its meeting regularly called ancl held on the day of , 19 . in the City of Dated this ~ day of .19~ Form R~' 6-1 (SI ('Revised 6/94) i Space above this line for Recorder's Use RWPE: R.W. Smith (rev. 3-22-00) Written: RWS Checked: SN Map No. F 1619-1 DIRECTOR'S DEED (Quitclaim) District Cotmty Room Post Mile Number 12 Ora 55 10.7 DK 072548-01-01 The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby release and quitclaim to all right, title and interest in and to all that real property in the City of Tustin, County of Orange, State of California, described as: That portion of Lot 1 of 'Tract No. 457, as shown on a map filed in Book'31, page 48 of Miscellaneous Maps, in the office of the County Recorder of said county, acquired by the State of California by Final Order of Condemnation, filed in Superior Court Case No. 592674, in said county, 'a certified, copy of said final order being recorded October. 29, 1993 as Document No. 93-0740991 of official Records, in said office (Parcel No.72548); bounded as follows: Bounded southerly by the northerly line of the southerly 506.00 feet of said Lot 1; Bounded northerly by the southerly line of Parcel 1, as shown on a map filed in Book 144, page 17 of Parcels Maps, in said office; and Page 1 of 4 MAIL TAX STATEMENTS TO: Form RW 6-1(T') (New 4/93) Bounded westerly by the California State Department of Transportation Right of Way Line, described in part as follows: California State DeDartment of TransDortation Right of Way Line Commencing at the intersection of the center line of Pasadena Avenue ~(60 feet wide) with the center line of Second Street (50 feet wide), as shown on first said map, thence along said center line of Pasadena Avenue, as said avenue is shown on second said map, North 0°32'09'' East, 254.04 feet; thence at right angles to last said center line, North 89°27'51'' West, 30.00 feet to the westerly line of said Pasadena Avenue, and the Point of Beginning of this line description; thence the following three courses: (1.) South 8°56'31'' West, 349.03 feet; thence (2.) South 14°41'41'' West, 40.11 feet to a point on a non- tangent curve, concave westerly, having a radius of 1556.00 feet, said curve being described in 'that deed from the State of California (Parcel No. DD 072900-01-01) recorded September 30, 1993 as Document No. 93-0664772 of Official.Records, in first said office, said point being 7 83 feet southerly, measured along an arc of said curve, from the northerly terminus of said curve, a radial line of said curve to said point bears South 80°46'11'' East; thence (3.) southerly, along last said curve, through a central angle of 7°35'21'', an arc length of 206.10 feet to the southerly terminus of said curve. There shall be no abutter's rights of access appurtenant to the above described real property in and to the adjacent State freeway. Attached hereto and made a part thereof is a map entitled Exhibit "A". This map is for informational purposes only and is subordinate in all respects to the above description. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Robert W. Smith Licensed Land Surveyor No 3158 Date: March 22, 2000 ~ . Page 2 of 4 DK 072548-01- N.T.S. STATE RETAINS ACCESS RIGHTS · ..., , , / - / / / · / / / / / / APPROX./0.40' S'LY LINE OF P.M.B. 144/17~1 / I I I I ! · N'LY LINE OF THE S'LY 506' OF LOT' !, TRACT NO. 457 0' ABANDONED 1/28/65 B. 7395, P. 170, O.R. ~ - Ni4o41,41,,E ~ ,~ Iz 40.I!' "' ~ i~- II ;~ ~ 75.32' 75.4~' ~ N89~2~'~7"W 2"A',4C'J' #~. 41:,4'7' 4,765 072551-01-el sEco/va STREET I I 298,8 S.r 4,867 S.F EXHIBIT "A" This map is for informational purposes only and is subordinate in all respects to the attached description. Page 3 of 4 DK O72548-01-01 Subject to special assessments if any, .'tions, reservations, and easements '~rd. This conveyance is executed pursuant to the authority vested in the Director of Transpodation by law and, in particular, by the Streets and Highways Code. WITNESS my hand and the seal of the Department of Transpodation of the State of California, this day of 19 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION APPROVED AS TO FORM AND PROCEDURE ATTORNEY DEPARTMENT OF TRANSPORTATION Director of Transportation By Attorney in Fact STATE OF CALIFORNIA '~ SS County of Sacramento On this the ~ day of 19 , before me, personally appeared PERSONAL ACKNOWLEDGMENT Name, Title of Officer-E.G., "Jane Doe, Notary Public" [] personally known to me [] proved to me on the basis of satisfactory evidence Name of Signer to be the person whose name is subscribed to the within instrument and acknowledged to me that __ he/she executed the same in ~ his/her authorized capacity, and that by ~ his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Notary Public's signature in and for said County and State) (for not~ry seal or stamp) Form RW 6-1 (S) (Revised 4/96) (This space reserved for C TC Cerffficat~on)