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HomeMy WebLinkAbout05 TUSTIN RESPONSE TO MITIGATED NEGATIVE DECLARATION FOR JOHN WAYNE AIRPORT PIPELINEAGENDA REPORT lrs►�1 MEETING DATE TO: FROM: SUBJECT: SUMMARY: JANUARY 7, 2014 JEFFREY C. PARKER, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT Agenda Item 5 Re vie wed: City Manager Finance Director N A TUSTIN RESPONSE TO MITIGATED NEGATIVE DECLARATION FOR JOHN WAYNE AIRPORT PIPELINE City Council concurrence is requested for the City of Tustin's response to the Initial Study (IS) and Mitigated Negative Declaration (MND) for the proposed construction and operation of an approximately five (5) -mile long 12 -inch jet fuel pipeline connecting fuel storage facilities at John Wayne Airport to an existing 16 -inch pipeline operated by Kinder Morgan Energy Partners. The project includes the construction of a connection facility in Tustin and additional fuel storage facilities at John Wayne Airport. RECOMMENDATION: That the City Council direct staff to forward the attached response letter to the County of Orange. FISCAL IMPACT: There are no fiscal impacts associated with this action. BACKGROUND: The proposed jet fuel pipeline would extend from a connection point with the existing Kinder Morgan pipeline near the intersection of Edinger Avenue and Tustin Ranch Road and would run underneath Edinger Avenue toward Red Hill Avenue and then turn to the southwest underneath Red Hill Avenue toward the airport (Attachment A). At the connection point, a series of motor operated valves would allow the jet fuel pipeline to be opened and the Kinder Morgan pipeline to be blocked so that jet fuel could be routed to John Wayne Airport. City Council Agenda Report MND for JWA Pipeline January 7, 2014 Page 2 The proposed location for the connection point is at the northwest boundary of the property located at 14741 Franklin Avenue in Tustin. Two alternative locations, one at 14831 Franklin Avenue, and the other at 14861 Franklin Avenue, have also been identified. The proposed jet fuel pipeline would increase jet fuel storage capabilities at John Wayne Airport, while eliminating the need for up to 70 individual tanker truck trips per day to and from John Wayne Airport. Benefits of the proposed project include deceased traffic congestion, potentially lower jet fuel prices at John Wayne Airport, decreased air pollution and global warming, decreased energy consumption, increased safety, decreased oil spill related damage, and increased airport security. City staff has reviewed the subject IS and MND, copies of which may be obtained upon request from the Community Development Department. Based on concerns related to construction staging, aesthetics, noise, utilities, hydrology, and geology, staff believes that it is in the City's interest to be on record regarding this matter and has prepared correspondence expressing the City's concerns regarding the IS and MND documents (Attachment B). Staff requests that the Tustin City Council review and consider these comments and, if acceptable, concur with their formal transmittal to the County of Orange. ., 4� Scott Reekstin Principal Planner Attachments: A: Overview Map B: Draft Comment Response Letter c Elizabeth A. Binsack Community Development Director Attachment A Overview Map Q w z m ?O � a � U w w LL ❑ LLJ w O 0w 0 a z � �o cz <w U z a O >0 J 3t: zi N O • <n W J Q z Z H Q z K ? 8 IL O S 7U Hi8ON Attachment B Draft Comment Response Letter January 8, 2014 County of Orange OC Planning Services Ms. Chris Uzo - Diribe, Planner 300 N. Flower Street, 1" Floor Santa Ana, CA 92702 -4048 SUBJECT: REVIEW OF MND FOR PROPOSED JWA JET FUEL PIPELINE Dear Ms. Uzo - Diribe: Thank you for the opportunity to provide comments on the Initial Study (IS) and Draft Mitigated Negative Declaration (MND) for the proposed construction and operation of an approximately five (5) -mile long 12- inch jet fuel pipeline connecting fuel storage facilities at John Wayne Airport to an existing 16 -inch pipeline operated by Kinder Morgan Energy Partners. The project includes the construction of a connection facility in Tustin and additional fuel storage facilities at John Wayne Airport. The City of Tustin offers the following comments: 1. Under the heading, Temporary Equipment /Supply Storage Areas, on Page 21 of the IS there is a statement indicating that the "Wickland will use three locations for storage of temporary equipment, including pipe, backfill material, construction equipment, etc. These locations will be the undeveloped area at the intersection of Kensington Park Drive and Edinger Avenue in Tustin, the empty lot on Aston Avenue between Deere Avenue and Barranca Parkway and adjacent to the BNSF railroad spur in Irvine, and a portion of the Airport located immediately northeast of the existing storage tanks. No trees will be removed in these areas and they will be returned to their pre- construction state once the pipeline construction is complete." It should be noted that the City of Tustin owns the properties at the southwest and southeast corners of Kensington Park Drive and Edinger Avenue. The property at the southwest corner is currently under construction with a new fire station to be completed in March 2014, and the vacant property at the southeast corner is intended to be developed as a neighborhood commercial center in the near future. The City is unaware of any requests to utilize the property for a laydown yard, and its availability as a potential laydown yard is uncertain at this time. 2. It appears that the proposed fenced area for the connection point at 14741 Franklin Avenue would impede access for at least two parking spaces. These parking spaces would need to be replaced elsewhere on the property, unless it can be demonstrated to the satisfaction of the City of Tustin that the number of parking spaces provided on the property is in conformance with the Tustin City Code. Ms. Uzo- Diribe County of Orange January 8, 2014 Page 2 3. It appears that the proposed fenced area for the alternative connection point location at 14831 Franklin Avenue result in the elimination of several parking spaces. These parking spaces would need to be replaced elsewhere on the property, unless it can be demonstrated to the satisfaction of the City of Tustin that the number of parking spaces provided on the property is in conformance with the Tustin City Code. 4. A more detailed description of the proposed fenced area for the alternative connection point, including photosimulations, should be provided to better disclose whether the proposed fenced area would have any negative aesthetic impacts on its surroundings. Without having site plans, and specific details including heights, colors and materials, and elevations, an adequate evaluation cannot be completed, nor a finding of no impact, nor an identification of potential mitigation measures. 5. The proposed project may result in significant temporary noise impacts that need to be accurately identified to establish appropriate and effective mitigation measures. Therefore, the project proponent should conduct a thorough noise study for the proposed project that analyzes each construction location in detail and identifies on a location- specific basic all additional feasible noise mitigation measures which may include the installation of temporary noise attenuation walls around each construction site and regular noise monitoring during construction. Proposed Mitigation Measures NO1 -1 and NO1 -2 are too general and are not location- specific. 6. The potentially significant construction noise impacts associated with the proposed construction of pipeline in the public right -of -way have not been adequately addressed in the Initial Study. In addition to sensitive residential uses, there are also schools located along the streets where the construction of pipeline is proposed. These temporary noise impacts could be very disruptive to residents, students, and school faculty. A mitigation measure should be included that would require project proponent to consult with the Tustin Unified School District, the South Orange County Community College District and all homeowners associations and apartment owners along the construction route to minimize disruption to these individuals. 7. As noted above, there are schools along the proposed pipeline route which will be affected by the construction of pipelines. Accordingly, the proposed noise mitigation measures should be modified and construction activities/ hours will need to be adjusted around schools and along the "Safe Routes to Schools" so as to minimize conflicts when schools are in session and to minimize conflicts with school drop -offs and pick -ups, and with children walking to and /from school. 8. It is indicated on page 29 of the IS that "night work may need to occur to minimize disruptions to vehicle traffic in the roadways..." However, the Tustin City Code prohibits construction activities between the hours of 6:00 p.m. and 7:00 a.m., Monday through Friday and between the hours of 5:00 p.m. and 9:00 a.m. on Saturdays and during all hours Sundays and City observed federal holidays, unless a temporary exception is granted by the Building Official for Ms. Uzo- Diribe County of Orange January 8, 2014 Page 3 private property or by the Director of Public Works for public properties. In granting a temporary exception, conditions may be imposed on construction activities to protect the public health, safety, and welfare of the community. Such an exception, without feasible mitigated incorporated, would not be consistent with the California Environmental Quality Act, which requires the implementation of all feasible mitigation measures. Mitigation measures should be included in the MND to ensure that any potential noise impacts are mitigated and that if night work is authorized, that specific mitigation measures for night work are imposed to ensure that the more restrictive night time noise limits are not exceeded. Mitigation measures should include a requirement that the project proponent provide vouchers for reasonably priced local hotels to all residents of properties that would be impacted by night time noise levels that exceed the City's noise standards. In addition, a mitigation measure should be included to require obtaining any necessary approvals from the City of Tustin for variations from the City's Noise Ordinance for those provisions of the Noise Ordinance that are authorized to be modified. 9. To be consistent with the City of Tustin Noise Ordinance and mitigate any potential noise impacts to Tustin residents, there should be a mitigation measure in the MND that requires significant noise - generating construction activities and construction - related traffic near Tustin residential areas to be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday. Construction activities shall be prohibited during all hours on Sunday and City - observed federal holidays. 10. Extensive public outreach is requested so that Tustin residents, business people, and visitors are aware of the project and may plan accordingly. The City of Tustin strongly encourages the project proponent to solicit input on the project from the Orange County Rescue Mission's Village of Hope, and residents of neighborhoods adjacent to the proposed project, including Coventry Court in Columbus Square and the homeowners associations of Peppertree, Tustin Meadows, and Columbus Square. Input should be considered during the planning process through construction to ensure that any concerns are mitigated. The homeowners associations of these neighborhoods may be desirous of hosting informational meetings with project representatives. 11. The extension of Tustin Ranch Road from Walnut Avenue to Barranca Parkway was completed in November 2104. Therefore, all references to the construction of Tustin Ranch Road in the IS should be updated accordingly. 12. The project setting on page 2 of the IS should be revised to acknowledge that the proposed route also traverses residentially zoned land in the City of Tustin. 13. It is indicated on page 29 of the IS that construction is anticipated to start in April 2014. This start date appears to be infeasible considering the approvals and permits that may be required for the project as are summarized on pages 36 and 37 of the IS. If construction were to start in April and last approximately two to three months, the completion date would not be December Ms. Uzo- Diribe County of Orange January 8, 2014 Page 4 2014 as indicated in the IS. The completion date within the first quarter of 2014 for the storage tanks appears to be a misprint. It should be noted that while construction work is anticipated to take place between 7 a.m. and 5 p.m., construction hours will be limited on certain roadways during rush hour periods. In addition, construction work hours on Saturdays in Tustin begin at 9 a.m. It is requested that a more detailed, and accurate, construction schedule be provided to the City of Tustin for review and approval. 14. The Initial Study does not address the Tustin Ranch Road (TRR) improvements that are now completed including the nearby Verdura retaining wall (for the North embankment). The pipeline distance from the Verdura retaining wall is not defined. The fuel pipeline may have other utility conflicts with the new TRR improvements (i.e., storm drain) that should be identified. 15. It is recommended that further studies and analysis be performed to determine, and design for, liquefaction potential. Ground displacements dues to potential seismic events should be evaluated and quantified. 16. Groundwater depth and quality should be identified and discussed in the IS. 17. Expansive soils are anticipated and appropriate mitigation measures should be required. 18. Corrosive soil conditions are anticipated. Corrosion protection measures should be required as discussed in the IS. 19. A comprehensive geotechnical investigation is recommended along the pipeline alignment for the design phase of the project. 20. The Initial Study should fully address the following items: • Impact of soft, wet compressible clay soils. Excavation in streets can result in minor distress (cracking and lateral movements). • Impact to existing improvements near the pipeline (also need to be updated for new TRR). • Impact of the shallow groundwater. Perched groundwater likely near existing utilities or improvements with granular backfill material. • Dewatering and groundwater discharge — both amount of discharge and water quality (selenium) may need to be considered. • Consideration of hydrostatic pressure and waterproofing may need to be addressed for underground vaults. • Temporary shoring measures will be required for deeper excavations. Ms. Uzo- Diribe County of Orange January 8, 2014 Page 5 Thank you again for the opportunity to provide comments on the Initial Study and Draft Mitigated Negative Declaration. The City of Tustin would appreciate receiving all additional environmental documents with the responses to our comments when they become available and all future public notices regarding this project. If you have any questions regarding the City's comments, please call Scott Reekstin, Principal Planner, at (714) 573 -3016 or Ken Nishikawa, Assistant Director of Public Works, at (714) 573 -3389. Sincerely, Elizabeth A. Binsack Community Development Director cc: Jeffrey C. Parker Douglas S. Stack Ken Nishikawa Justina Willkom SR:environmentaI etc \County of Orange 1WA Pipeline MND Comment Letter.doc