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HomeMy WebLinkAbout02 17TH ST. WIDENING 04-01-96 lAW OffiCES Of ROUREE. WOODRUFF & SPRADLIN A PROFESSIONAL CORPORATION MEMORANDUM NO. 2 4-1-96 TO: FROM: DATE: RE: Honorable Mayor and Members of the City Council City of Tustin City Attorney April 1, 1996 Hearing and Adoption of Resoluti6n of Necessity for the Seventeenth Street Widening Project (Northside of 17th Street between Carroll Way and SR-55) RECOMMENDATION: I . Necessity. Hold hearing for Property Owner to address proposed Resolution of 2. Adopt the attached Resolution of Necessity. A four/fifths (4/5) vote is required for approval. FISCAL IMPACT: This project is funded by Measure M to implement regional circulation improvements. DISCUSSION: The Orange County Transportation Authority (OCTA) in cooperation with Caltrans is widening State Route 55 ("SR-55"). The OCTA/Caltrans project also involves the widening of the Seventeenth Street bridge over the SR-55. On October 19, 1993, the City Council approved a cooperative agreement, among the Cities of Tustin, Santa Aha and the County.of Orange to widen the Seventeenth Street approaches to the SR-55 bridge (hereinafter the "Seventeenth Street Widening Project"). This involves the construction of a westbound dedicated right-turn lane between Carroll Way and SR-55. Motorists in this lane will be going north on the SR-55. This is needed to reduce existing and future congestion and backups westbound along Seventeenth Street. Without the separate westbound right-turn lane, the future third westbound through lane on Seventeenth Street, will be impacted with severe congestion, reduced levelsof service and traffic back-up to the east of Carroll Way. 1100-00001 25016_1 Honorable Mayor and Members of the City Council April 1, 1996 Page 2 The widening to install the dedicated right-turn lane has been designed with reduced lane widths, sidewalk width, and curbface height from typical City design standards, in an effort to minimize the impact on affected private properties. The affected properties are portions of two parcels along the northside of Seventeenth Street. The City needs to acquire some of the parcels' frontage to widen Seventeenth Street to create the dedicated right-turn lane, and to acquire a temporary construction easement on both parcels. A copy of the map of the proposed permanent and temporary acquisitions is attached hereto as Exhibit "A". A larger map is enclosed at the back of this package. The property is owned by various Wilde Family Trusts. The directly affected Lessees are Mimi's Caf8 and Chevron. Attorneys for the Property owners have timely requested the opportunity to address the proposed acquisition and the adoption of a Resolution of Necessity. See Exhibit "B". As part of the Seventeenth Street Widening Project (which is a joint Santa Ana, Tustin and County project) the City Council approved an amendment to the Cooperative Agreement to allow the City of Santa Ana to act as a lead agency. The City of Santa Ana has been in negotiation with the property owners, but an agreement has not been reached on the purchase price. The timing is critical now. In order to minimize disruption to the public, the property owners and the tenants, the staff of the City of Santa Ana (as Lead Agency) and Tustin agree that it would be best to have Caltrans include the construction of the dedicated right- turn lane in Tustin as part of the OCTA/Caltrans SR-55 construction contract. The OCTA/Caltrans construction in this area is imminent. The work on the affected parcels will take no more than 3 months. Caltrans already has possession of a construction easement on the properties for its work. However, Caltrans cannot negotiate a change order with its contractor to do the work for Tustin until Tustin has legal possession of the property it needs. If the City's work cannot be performed by Caltrans, it will prolong the disruption to this area because the City will have to follow Caltrans construction with its own constrUction.' City staff has met with representatives of the Property owners and directly affected Lessees, Mimi's,. and Chevron to discuss the combined Caltrans/City construction. Staff will be meeting further with the parties to discuss details of the proposed conStruction and the schedule. The Public Works Department has summarized the overall impacts to the property/businesses from proceeding now, as follows: 1 lOO-0OOOl 25o~ ~ Honorable Mayor and Members of the City Council April 1, 1996 Page 3 · No future disruption to reconstruct the proposed right-turn lane. · Reduced congestion and better access/circulation. Flatter grading on Mimi's Caf~ parking area as compared to Caltrans current project. Mimi's Caf~ may lose one parking space. City will attempt to restripe the parking area to gain back the one (1) space with compact stalls if possible. Chevron Gas Station would lose the existing 4:0' planter along 17th Street, and the length of the existing planter along Carroll Way will be reduced. Any future expansion on the two parcels will be impacted by the reduction in the overall parcel area, however, the acquisition areas are relatively small (561 square feet of frontage near Mimi's; 1,724 square feet of frontage at the Chevron site) The property owners have raised a concern about safety and liability at the southerly Chevron service island where the width from the pump to the right-of-way will be reduced. The property owners are concerned about car doors opening' onto the public sidewalk. In staff's opinion, this is unlikely to occur.. The minimum distance from the pump island to the sidewalk is between 9 and 10, plus, feet. The average car is 6 feet wide. Other stations have a variety of configurations. As an example of a similar situation, the Shell station at the northwest corner of Redhill Avenue and the intersection with El Camino Real has 9.5 feet between the sidewalk and the pump island. There have been no reported problems. There are no state or city standards governing the issue. The property owners have also raised a concern about the driveway grade into Mimi's from the reconstructed Seventeenth Street. Caltrans is raising the grade of Seventeenth Street at Mimi's driveway by about 3.5 feet. The City's construction project will flatten the driveway grade into the parking lot; i.e. it will improve upon the Caltrans steeper grade design, There should be no visibility or circulation problems after construction of the City's project. Finally, the property owners' are concerned that after the acquisition that'existing structures and uses on the property be legal and conforming. Pursuant to Tustin City Code Section 9273(e): "Any use of land, building or structure which is legal and conforming to all provisions of this Zoning code ... and made "nonconforming" either in design or arrangement due to acquisition of public right-of-way by the City, shall be exempt from a 1100-00001 25016_1 Honorable Mayor and Members of the City Council April 1, 1996 Page 4 nonconforming status and the provisions of Section 9273, Nonconforming Structures and Uses, unless it is established by the Community Development that such use, building or structure creates a nuisance or is a threat to the health, welfare or well being of City residents.!' With respect to the Chevron station property, after the acquisition' the southerly property line (along Seventeenth Street) and the easterly property line (along Carroll Way) will be considered conforming and meeting City codes for existing gas island setbacks and reduction/elimination of landscape planter. Inasmuch as the street Planter contributes to the total site landscape area, the site landscaping after acquisition shall be considered conforming and meeting City codes. Any new construction enlargement, extension reconstruction alteration' on the remainder of the site must comply with City regulations. Representatives from Public Works and Community Development are prepared to answer questions or address other engineering, construction, and planning issues. COMPLIANCE WITH CEQA: Under the California Environmental Quality Act ("CEQA"), Santa Ana was designated as the Lead Agency for the Seventeenth Street Widening Project, and Tustin was identified as the Responsible Agency. As the Lead Agency, the City of Santa Ana prepared a mitigated negative.declaration for the project. As the Responsible Agency, the City of Tustin considered and certified the mitigated negative declaration on October 2, 1995, when the City Council adopted Resolution No. 95-88 approving Amendment No. 2 to the Cooperative Agreement to widen Seventeenth Street. Tustin is required to implement several mitigation measures to minimize the direct and indirect environmental effects. A copy of the City Council's approval of the mitigated negative declaration for the project and a copy of the mitigated negative declaration is attached for your information as Exhibit "C". LOIS E. JEFF~B,YV (J Attachments - Exhibit "A" Exhibit "B" Exhibit "C" Resolution of Necessity Large Map of Proposed Acquisitions 1100-00001 25016_1 EXHIBIT "A" A MAP SHOWING PERMANENT AND TEMPORARY ACQUISITIONS; EXHIBIT "A" EXHIBIT "B" LETTER FROM PROPERTY OWNERS' REPRESENTATIVES EXHIBIT "B" LAW OFFICES CHARLES F. CALLANAN CHRIS'rOPHER K, COOPER CHARLES D. CUMMINGS JOHN J. DEE JOSEPH S. DZIDA PAUL C. EPSTEIN SUSAN M. KAHN GARY A. KOVACIC JOHN E. MACKEL III ROGER M. SULLIVAN · EMIL J. WOHL HENRY K. WORKMAN OF COUlM~E L HENRY G. BODKIN, JR. THOMAS E. O'SULLIVAN SULLIVAN, WORKMAN & DEE TWELFTH FLOOR 800 SOUTH FIGUEROA STREET LOS ANGELES, CALIFORNIA 90017-2521 TELEPHONE (21:3) 624-5544 February 27, 1996 VIA FIRST CLASS MAIL AND TELECOPIER (714_) City Clerk City of Tustin 300 Centennial Way Tustin, California 92680 MAILING ADDRESS POST OFFICE BOX 17909 LOS ANGELES CA 90017-0909 TELECOPIER (213) 627-7128 PLEASE REFER TO OUR FILE NO. 240.640.0001 Re: 17231 & 17241 East Seventeenth Street Tustin Proposed City of Tustin Acquisition: AP# 395-311-01 & 39 - Hearin~ on Proposed Adoption of .Resolution of Necessity Dear Sir or Madam: This firm represents the owners of the above-described parcels that the City of Tustin intends to acquire by eminent domain. Our clients request the opportunity to appear and be heard at the hearing concerning the acquisition of the subject parcels and the adoption of a resolution of necessity, to be held on March 18, 1996, at 7:00 p.m. at the City Council chambers of the City of Tustin. Very truly yours, · G~ ~. K~V~CTC SUBLIVAN~ WORKI~N & DEE GAK/ksg cc: Mr. Dominic Kovacevic Lois E. Jeffrey, Esq. Robert B. Hoffman ~ \wp5] \ ~izx~r\wi;de\ cleric.]ir EXHIBIT "C" MITIGATED NEGATIVE DECLARATION EXHIBIT "C" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2.3 24 25 26 27 28 RESOLUTION NO. 95-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ACTING AS A RESPONSIBLE AGENCY IN APPROVING THE MITIGATED NEGATIVE DECLARATION FOR THE SEVENTEENTH STREET WIDENING PROJECT, AS PREPARED BY THE CITY OF SANTA AN3,, WITH ALL FEASIBLE MITIGATION MEASURES INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That the Seventeenth Street Widening Project is considered a ~project" pursuant to the terms of the California Environmental Quality Act; and Be A Mitigated Negative Declaration has been prepared for this project and circulated for a 21-day public review and comment period beginning August 8, . 1995; and ending August 29, 1995. C. The City Council of the City of Tustin has reviewed and considered the Mitigated Negative Declaration.. II. Mitigated Negative Declaration has been completed in compliance with CEQA and State guidelines by the City of Santa Ana, acting as the Lead Agency. The City Council, acting as a Responsible Agency, received and considered the information contained, in the Mitigated' Negative DeclaratiOn, prior to approving the proposed project, and found that i't adequately discussed the environmental effects of the proposed project. On the basis of the initial study and comments received during the public review period, the City Council finds that although the proposed project could have a significant effect on the environment, implementation of mitigation measures will reduce potentially significant environmental effects to a point where clearly no significant impacts will occur. All mitigation measures identified in the Mitigated Negative Declaration have been incorporated into a Mitigation Monitoring Program for this project. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, held on the 2nd day of October, 1995 'ATTEST: Jim Potts, Mayor City Clerk FINAL MITIGATED NEGATIVE DECLARATION SEVENTEENTH STREET WIDENING BETWEEN TUSTIN AVENUE & YORBA Prepared For: City of Santa Ana ~ublic Works Agency September 13, 1995 MAYOR Miguel A. Pulido MAYOR PRO TEM Robert L. Richardson JNCILME. MBER$ ony Espinoza Thomas E. Lutz Patricia A. McGui§an Lis~ Mills Ted R Moreno CITY OF SANTA ANA PLANNING & BUILDING AGENCY 206 W. Fourtl~ Slreet (M-20) - P.O. Box 1988 Santa Ana, California 92702 Fax(714)973-1461 ALL-AMERICAN CITY 1982-83 CITY MANAGER David N. Ream CITY ATTORNEY Edward J. Cooper CLERK OF THE COUN. CIL Janice C. Guy NEGATIVE DECLARATION Pursuant to the Procedures df the City of santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: ER 93-5 Applicant: City of Santa Ana Public Works Agency Project Location/~ddress: Seventeenth Street between Yorba Street (South) and Tustin Avenue: City of Santa Ana, City of Tustin and County of Orange Project Title/Description: Seventeenth Street Widening The Santa Ana Public Works Agency in coordination with Caltrans, the County and the City of Tus~in, propose to widen the street to seven travel lanes east and west of the Seventeenth Street bridge overcrossing. These improvements include additional right turn lanes and additional eastbound and westbound through lanes. As.a result of this project, in Santa Aha there will be one full take and two partial takes. In the City of Tustin, two properties will be partial takes. and does hereby find: That, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case if the mitigation measures described in the Initial Study are incorporated into' the project. A/~PROVED BY · Ul I O~MENTA3~ E~VAJ~UATOR DATE This determination is not final until adopted, by the decision-making· body or administrative official, and a Notice of Determination is filed. C S ~/~ 2 WIDENING OF SEVENTEENTH STREET AT ROUTE 55 FROM TUSTIN AVE TO yORBA ST City of Santa Aha Public Works Agency ducation · PROJECr L OCA TION ©, ,'~.~: · I 0~/ 0 CI'I'Y OF SAN1A ANA PLANNING DIVISION 206 WEST FOUI,~I'H SIREEI' P.O. BOX 1988 (M-20) SAN1A ANA CA 92702 (714) 667-270O ENVIRONMENTAL CHECKUST PROJECT NAME: Seventeenth Street Wideninq ADDRESS: Between Tustin Avent}~ and y~rha Street E.R. NO.: 93-5 D.P. NO.: ~ YES MAYBE NO EARTH. Will Ihe p~opoSal resull Itl: a. Unslable earlh condllions or in changes In geologic subslruclures? J-] 'J--] b. Disrupllons, dLsplacemenls, cornpacllon or overcovedng al' Ihe soil? J--] C. Change In lol~Dgraphy or grour~J surface rellel' l'ealures? C-J CJ d. lhe deslruclion, covering or modilicalion o1' any unique geologic or physical I'ealures? J--J J--J e. Any Increase in wind or waler erosion of soils, ellher on or off lhe sile? r'-I J--J f. Changes In deposillon or eroslon al~ beach sands, or changes In sillalion, deposition or erosion which may modify lhe channel at' a river or slream or the bed of lhe ocean or any bay, Inlet or lake? J--J J-'-J g. Exposure o1' people or property to geologic hazards such as earlhquakes, landslides, mudslides, ground failure, or similar hazards? 2. ,Air. Will the proposal result in: a. Subslanliol alt emissions or dele.'ioralion of a~nbient air quaiily? b. lhe crealion of objectionable odors? c. Alleralion o1' 6ir movement, moLslu~e, or iemperalure, or any change in climate, ellher locally or regionally? 3. Walen VVill lhe proposal result in: a. Changes in currenls, or lhe course of direction o/' waler movements, in ellher marine or fresh walers? J-'l b. Changes in absorplion roles, d~ainage pallerns or lhe role and amount al surl~ace runoff? .~ c. Allerallo~ 1o lhe course or flow oi' flood woler? d. Change in lhe amount ol'surl'ace watei' In any waler body? e. Discharge Into surl'ace walers, or in any alleralion o~ surface water quality, Including but not limlled Io temperalure, dissolved oxygen or lu~bldity? f. Allerallon o1' lhe dlrecllon or role of flow ol"ground walers? I--1 I-1 k--1 0 0 0 0 g. Change in the quanllly of ground waters, ellher through direct addilions or wilh- drawals, or lhroucjh Inlercepllon. of an aquilier by culs or excavations? J--] h. Sulbstanllal reduction In lhe amount of woler 0Jherwlse avoi~able for public J~J waler supplies? O O P00 -9/94 SAN1A ANA CA 92702 (714) 667-27OO i. Exposure of people or properly Io woler relaled hazards such as flooding or lidol waves? 4. Pianl bye. Will lhe proposal ~esull a. Change in lhe dlverslly o1' species, or number o1' any species of planls (including lrees, shrubs, glass, crops, and aqualic plants)? b. Reduclion oi' ¢,he numbers oi' any unique, rare or endangered species planls? c. Inlroduclion of new species of planls Inlo an area, or in a barrier to lhe normal ~'eplenls,hment oi' exlsling spec:les? d. Peduclion in oc~'eage of any agdcullu~al crop? 5. Animal Life, W~I lhe proposal result In: aa Change in lhe d!verslly of species, or numbers o1' any species of animals (birds. land animals including repiiles, fish and shellfish, benlhlc organisms or Insecls)? b. Reduction of ihe numbers of any unlque, rare or endangered species of animals? c. lnlroducllon of new species of animals Inlo on area, or result In a bader ia 1he mlgrallon or movement of animals? d. Deterioralion to exislin, g fish or wildlil'e habltal? 6. Noise. Willdhe propo.sal result in: a. Increase In exisling noise levels? b. Exposu~'e of people.to severe noise levels? 7. 'Ughl or Glare. Will lhe proposal produce new light or glare? ., - · 8. Land Use. Will lhe proposal result in a subslanlial alleralion oi' Ihe present or planned land use of an area? 9. Nalural Resources. Will lhe proposal ~esult In: a. Increase In lhe role al~ use o1' any nalural resources? b. Subslanllal deplellon of any non- renewable nalural resources? 10. Risk o! Upset. Will lhe proposal involve: Cl. A risk of an e. xploston or lhe release of hazardous subslonces (including, but not limlled 1o. o11, pes!lcldes, chemicals or rodiollon) In lhe event oi' on occident or upset condilions? b. Possible Inlerference wilh on emergency response plan or on emergency evacua lion plan'? YES Fl. 0 0 F1 0 0 E] MAYBE Fl O O Fl Fl' 0 0 Fl Fl 0 NO 0 El' I-1 /ClI'Y OF SANI'A ANA PLANNING DIVISION 206 WEST FOURTH STREE1 P.O. BOX ]988 (M-20) SAN IA ANA CA 92?'02 __ (714) 667-2700 i ~--~ ---- _ L __ YES 11. Populallon. Will the proposal alter lhe location, dlslrlbution, denslly, or growlh rate of lhe human populalion of an area? J-'-I 12. Housing. Will lhe proposal affect exlsling houslng, or creale a demand for addlllonal housing? J~J 13. Transim~rlalion/Clrculalion. Will lhe proposal result in: a. Generallon of subslanlial addillonal vehicular movement? b. Effecls' on exi~ling parking facllilles, or demand for new parking? c. Substanllal irppact upon exlsling lransportalion systems? d. Allefallons 1o Im'esenl palle~ns of circulalion or movement ct people and/or goods? e. Alleralions lo walerborne, rail or alt lraffic? f. Increase In lrafflc hazards 1o molor vehicles, blcyclisls or pedesldans? 14. Public Services. Will lhe proposal have an effect upon, or resull In a need for nevi or altered governmenlal service In any of' lhe following areas: a. Fire prolecllon? , b. Police proteclion? c. Schools7 d. Parks or olher recrealional facililies? e. MaIntenance of public focllilies, Including roads? f. Olher governmenlal services? 15.' Energy. Will lhe proposal result In: a. Use of' substantial amounls Of fuel or energy? , b. Subslanlial Increase in demand upon exJsllng sources of energy, or require'Jhe development of new sources of energy? 16. Utilities. W'fll lhe proposal result in a need for new syslems, or subslanlial alterations to lhe following utllilles: a. Power or Nalural GC~s? b. Communlcallon systems? c. Water? d. Sewer or septic tanks? e. Storm waler drainage? f. Solid wasle and disposal? 0 r~ 0 .0 0 o 0 0 0 0 o 0 0 0 0 0 0 MAYBE O O O O 0 [] 0 0 0 ~q 0 ~q 0 0 0 NO [0 0 [0 0 0 0 EO .[k--I 0 CITY OF SANTA ANA PLANNING DIVISION 206 W£Sf FOUR'IH SIREE-f 1~O. BOX 1988 (M-20) SANIA ANA CA 92702 (7 '14) 667-2700 17. Human tteallh. Will lhe proposal lesull In: ' a. Creallon o1' any heollh hazard or polenllol heallt~ hazard (excluding menial heollh)? b. Exposure of people Io polenllol heollh hazards? 18. Aeslhelics. W'~I the proposal result In lhe obslrucllon of any scenic vlsla or view open to the · publico or will the proposal result in lhe creallon of an aeslhelically otfenslve site open to public view? 19. Recrealion. Will lhe pJOposal result In an Impact upon lhe qualify or quanlity of existing recreallonal oppodunllles? 20. Cullurai Resources. a. Will lhe proposal result in the alterallon of or lhe deslruclion of o prehlstodc or hLstorlc archaeological slle? bo C° Will the proposal result in adverse physical or aeslhelic elfecls to a prehistoric or historic building, structure, or object? Does lhe proposal have lhe polenllal lo cause o physical change which would affect unlque elhnlc cullural values? d. Wlll lhe proposal reslflct exlsllng religious or sacred uses wllhln the potential Impact area? 21. Mandalory Rndings of Significance. aa Does ihe project have lhe polenllal 1o degrade the quallly of lhe environment, substanllally reduce lhe habllat oi' a fish or wildlife species, cause a fksh or wlldllfe populalion to drop below self sustaining levels, lhreaten Io eliminate a plant or animal community, reduce the number or reslrict the range of a rare or endangered plant or animal or eliminate Imporlant examples of the major periods of California history or prehlstory? b. Does the p, roJect have lhe potenllal lo achieve shod-term, lo lhe dLsodvanlage at -long-term, envlronmenlol gods? (A shod-term impact on lhe environment is one whlch occures in o relolively' brier, defLnlllve period of time while long term'Impacts will endure well inlo the fulure.) Co Does fine project have lmpacls which ore Incr~vldually ilmlled, bul cumulalively · considerable? (A project may Impact on lwo or more separate 'resources where the impact on each resource Is relolively small, but where the effect of lhe lotol of those ImpCK:::tS on the environment Is significant. ) d. Does the project have environmental effecls which cause substantial adverse effects on human beings, elther directly or indlrectty? DISCUSSION OF ENVIRONMENTAL EVALUATION A narrative desc{Ipllon of potential envlronmer~tal Impacts Is aflached. YES MAYBE NO 4. ENVIRONMENTAL EVALUATION ER #93-5 SEVENTEENTH STREET WIDENING 17TH STREET BETWEEN YORBA STREET (SOUTH).AND TUSTIN AVENUE September 13, 1995 PAGE 1 De DISCUSSION OF ENVIRONMENTAL EVALUATION EARTH RESOURCES ae b~ The topography of the project site is relatively flat. As proposed the project will. not result in any changes to subsurface geological features. The nature of the project will not create unstable earth conditions. ? Source: Field Inspections Mitigation Measures/Monitoring Required: None Required As proposed, the project will involve excavation and compaction of soils for the street widening. There is a potential for some displacement of s0il to occur onsite. This soil preparation for the street widening is not anticipated to have a significant impact on the environment. Ce de Source: Topography Map Mitigation Measures/Monitoring Required: None Required p '~ The to ography of the project ' area as well as in · surrounding areas is relatively flat. No-change to the existing topography is anticipated. SOurce: Topography Map Mitigation Measures/Monitoring Required: None Required There are no unique geologic or physical features in the · project area. No project specific impacts are · anticipated. Source: Gateway Center Geotechnical Investigation City of Tustin, General Plan EIR ENVIRONMENTAL EVALUATION ER #93-5 SEVENTEENTH STREET WIDENING 17TH STREET BETWEEN YORBA STREET (SOUTH) AND TUSTIN AVENUE September 13, 1995 PAGE 2 e ee fe g. Mitigation Measures/Monitoring Required: None Required The project area is currently urbanized and the site for the street widening is currently paved. No increase in_ wind or water erosion of soils is anticipated with implementation of this project. Source: Field Inspection J Mitigation Measures/Monitoring Required: None Required Construction-related erosion is.not expected to modify river or stream channels or the bed of any bays, inlets, or lakes.. No impacts are anticipated. Source: Gateway Center EIR City of Tustin, General Plan EIR Mitigation Measures/Monitoring Required: None Required The potential for earthquakes affects all of Southern California. There are no active faults on the project site. Since the proposed project does not involve the construction of any structures, no seismic safety impacts are anticipated. Source: Gateway Center EIR City of Tustin General Plan EIR Mitigation Measures/Monitoring Required: .None Required AIR REsoURcEs a. During construction of .the proposed development, air quality in the local area will be impacted. Short-term construction-related activities will cause combustion emissions and fugitive dust to be released from onsite construction equipment and from offsite vehicles' hauling building materials. Short term impacts will be mitigated to a level of insignificance. Long term impacts to air quality may occur but are considered to be cumulatively insignificant. ENVIRONMENTAL EVALUATION ER #93-5 SEVENTEENTH STREET WIDENING 17TH STREET BETWEEN YORBA STREET (SOUTH) AND TUSTIN AVENUE September 13, 1995 PAGE 3 Mitigation Measures/Monitoring Required: In order to reduce dust from construction traffic,-. the City of Santa Ana shall sweep primary haul routes on a daily basis within a 1/4 ~ile radius of the project site. · The use of all construction equipment operations shall be suspended during second stage smog alerts. · To reduce construction equipment emissions, low- sulfur fuel shall be used for stationary construction equipment pursuant to Rule 431.2. b. Construction and implementat±on of the proposed project will not use materials which would create significant objectionable odors. No impacts are anticipated. Source: city of santa Ana, Public Works Agency Mitigation Measures/Monitoring Required: None Required C~ Construction of the proposed project will not affect air movement. Further, changes in moisture, temperature and climate (locally) will not occur if this project is implemented as proposed. No impacts are anticipated. Source: Gateway Center EIR .~ Mitigation Measures/Monitoring Required: None Required e WATER RESOURCES Se The proposed project will not produce a change in currents or the course of direction of water movements, in either marine or fresh waters. No natural waterways occur on the site. Source: Field Inspections Mitigation Measures/Monitoring Required: None Required ENVIRONMENTAL EVALUATION ER #93-5 SEVENTEENTH STREET WIDENING 17TH STREET BETWEEN YORBA STREET (SOUTH) AND TUSTIN AVENUE September 13, 1995 PAGE 4 be Ce de e~ f o The Proposed project is not anticipated to create a change in surface drainage patterns or absorption. Due to the urban character of the project area and existence of adequate public facilities, no impact is anticipated.. source: Gateway Center EIR City of Tustin General Plan EIR Mitigation Measures/Monitoring Required: None Required The proposed project would not produce any significant alterations to the course or flow of flood waters. No impacts are anticipated. Source: Gateway Center EIR City of Tustin General Plan EIR Mitigation Measures/Monitoring Required: None Required There are no existing natural water bodies in the vicinity of the project site. No impacts are anticipated. Source: Gateway Center EIR City of Tustin' General Plan EIR Mitigation Measures/Monitoring Required: None Required There will be no direct discharge of run-off water into any' surface waters. No impacts are anticipated. Source: Field Inspections Mitigation Measures/Monitoring Required: None Required Activities related to the construction or use of the proposed project are not anticipated to affect groundwater. As the project is proposed, no'impacts are anticipated. Source: Gateway Center EIR City of Tustin General Plan EIR Mitigation Measures/Monitoring Required: None Required ENVIRONMENTAL EVALUATION ER #93-5 SEVENTEENTH STREET WIDENING 17TH STREET BETWEEN YORBA STREET (SOUTH) AND TUSTIN AVENUE September 13, 1995 PAGE 5 e ge. Development of the project should not -introduce pollutants with the potential for degrading onsite or offsite groundwater. No impacts are anticipated. he Source: Gateway Center EIR Mitigation Measures/Monitoring Required: None Required. The nature of the proposed project will not require the use of public water. Therefore, no impact to public wate~ supplies is anticipated. Source: Project Description Mitigation Measures/Monitoring Required:. None Required i e The proposed project will be designed in compliance with applicable flood control ordinanCes and will not expose persons or property to water related hazards. Source: City of Santa Ana General Plan City of Tustin General Plan Mitigation Measures/Monitoring Required: None Required PLANT LIFE ae Biological resources remaining within the project area are considered to have low ecological value. No impacts are anticipated. .~ be Source: Community Facilities Improvement Plan (CFIP) EIR, City of Santa Ana Mitigation Measures/Monitoring Required: None Required No onsite plant species designated as rare, endangered, or threatened were observed or are expected to exist on the project site. No impacts are anticipated. Source: CFIP EIR Mitigation Measures/Monitoring Required: None Required ENVIRONMENTAL EVALUATION ER #93-5 SEVENTEENTH STREET WIDENING 17TH STREET BETWEEN YORBA STREET (SOUTH) AND TUSTIN AVENUE September 13, 1995 PAGE 6 Ce Implementation of the proposed project may include landscaping which would incorporate primarily non-native landscape materials. The introduction of new plant species into the project is not considered an adverse impact. No impacts are anticipated. Source: City of Santa Ana General Plan Mitigation Measures/Monitoring ReqUired: None Required de The site is not used for the cultivation of agricultural products. No impacts are anticipated. Source: Field Inspections Mitigation Measures/Monitoring ReqUired: None Required 5. ANIMAL LIFE Se The site exists in an urbanized region. Due to the pre~ence of this developed environment, "there are no known fish or wildlife habitats in the project vicinity. No impacts are anticipated. b~ Source: CFIP EIR Mitigation Measures/Monitoring ReqUired: None Required No onsite animal species designated as rare, endangered, or threatened were observed or are expeqted to exist on the Project site. No impacts are anticipated. Source: CFIP EIR Mitigation Measures/Monitoring Require4: None Required Ce The proposed project will not introduce any new species of animals into the area. The site is not currently utilized for the migration or movement of animals. No impacts are anticipated. Source:~ Field Inspections Mitigation Measures/Monitoring Required: None Required ENVIRONMENTAL EVALUATION ER #93-5 SEVENTEENTH STREET WIDENING 17TH STREET BETWEEN YORBA STREET (SOUTH) AND TUSTIN AVENUE September 13, 1995 PAGE 7 de No known fish or wildlife species exist onsite. The proposed project will not result in the deterioration of °nsite'habitats. No impacts are anticipated. Source: CFIP EIR Mitigation Measures/Monitoring Required: None Required · NOISE. a e DUring the construction phase of the proposed project, there will be an increase in existing noise levels. Adjacent land uses may be affected by construction- related noise. There are no sensitive receptors immediately adjacent to the project area. However, there are residential neighborhoods directly behind the commercial facilities that line the north side of Seventeenth Street which will be effected by construction,related noise. Construction noise is considered a short-term impact which will be mitigated to a level of insignificance through the following measures: Mitigation Measures/Monitoring Required: e Ail construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m.o~ Monday through Saturday. No construction shall 'be permitted on Sunday and federal holidays. Where appropriate, construction equipment shall be muffled to reduce construction noise impacts. e 'Ail construction activities shall comply with local, State, and Federal -construction noise regulations. be 'During construction, buildings and residences adjacent to the project site may be subjected to noise levels which exceed State and City Standards as a result of the E.NVIRONMENTAL EVALUATION ER #93-5 SEVENTEENTH STREET WIDENING 17TH STREET BETWEEN YORBA STREET (SOUTH) AND TUSTIN AVENUE September 13, 1995 0 PAGE 8 e proposed project. Mitigation Measures 4-6 will mitigate impacts to a level of insignificance. LIGHT AND GLARE The proposed project is not anticipated to introduce new street lighting. No light and glare impacts are anticipat.ed~ Source: Project Design Plans Mitigation Measures/Monitoring Required: None Required 8. LAND USE The street widening will impact three properties in Santa.Ana. A gas station on the southeast corner of Tustin and Seventeenth Street will be a full take. Parking spaces will be removed at a Denny's restaurant and a vacant bank which are located on the south side of Seventeenth Street between Tustin Avenue and State Route 55. Both properties are considered partial takes. Two properties in the City of Tustin Will also be affected: 1) A landscape planter .of an existing gas station on the northwest corner of Carroll and Seventeenth; and 2) the alteration of landscaping and or, restriping a parking lot and loss of one (1) parking space at Tustin's Mimi's Cafe will be impacted by the project. Both properties will be partiaI takes. ~o housing will be affected as a result of this project. Implementation of the following mitigation measures will reduce impacts to a level of insignificance. Source: Engineering and Planning Staff, Cities of Tustin and Santa Ana Mitigation Measures/Monitoring Required: ~ Under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, the Cities of Santa Ana and Tustin would be reqUired to pay all owners of real estate the fair market value for property taken, either in whole or in part, for ENVIRONMENTAL EVALUATION ER #93-5 SEVENTEENTH STREET WIDENING 17TH STREET BETWEEN YORBA STREET (SOUTH) AND TUSTIN AVENUE September 13, 1995 PAGE 9 the construction of the street widening. Fair market value is determined through an appraisal of the property. e The City of Santa Ana would be required to assis't the displaced businesses find alternative locations, either within or outside the City limits as appropriate. Business sPecific impacts such as those pertaining to loss of fixed equipment will be evaluated and compensated on a case by case basis. 9. NATURAL RESOURCES ao The project, in conjunction with other past, present, and reasonable foreseeable future projects will require the use of natural resources for the construction of the proposed project. Development and implementation of the project will not deplete those resources. Any potential impacts are considered insignificant. Source: City of Santa Ana General Plan Mitigation Measures/Monitoring Required: None Required be The project, in conjunction with other Past, present, and reasonably foreseeable future projects, will require the use of nonrenewable natural resources for the construction of the project. Any potential impacts are considered'insignificant. Source: City of Santa Ana General Plan Mitigation Measures/Monitoring Required: None Required 10. RISK OF UPSET a e The underground tanks at all gas stations adjacent to the project, including the gas station on Seventeenth and. Carrol Way in the City of Tustin will not be affected by the street construction. No risk of upset impacts are anticipated.. Some surface soil contamination at the gas stations may be present, however implementation of the ENVIRONMENTAL EVALUATION ER ~93-5 SEVENTEENTH STREET WIDENING 17TH STREET BETWEEN YORBA STREET (SOUTH) AND TUSTIN AVENUE September 13, 1995 PAGE 10 be following mitigation measure will make this impact less than significant. Source: City of Tustin and Santa Ana Fire Department Project Design Plans Mitigation Measures/Monitoring Required: e The City of Santa Ana shall assist the City of Tustin with a Phase I site investigation on the Chevron gas station site. The proposed project will not result in the interference with an emergency response plan or an emergency evacuation plan. The Fire and Police Departments have not indicated any impacts related to the implementation of this project. Source: City of Santa Ana Mitigation Measures/Monitoring Required: None Required 11. POPULATION The proposed project is located in a highly urbanized area with a stable population base. No significant changes to the 16cation or demographics of the area population are anticipated. .; Source: City of Santa Ana General Pla~ City of Tustin General Plan Mitigation Measures/Monitoring Required: None Required 12. HOUSING The prOposed project, due to its limited sc'ale and location in an urban area, will not create significant changes in the housing supply or demand for the area. No housing displacement will occur. Source: City of Santa Ana General Plan City of Tustin General Plan Mitigation Measures/Monitoring Required: None Required ENVIRONMENTAL EVALUATION ER #93-5 SEVENTEENTH STREET WIDENING 17TH STREET BETWEEN YORBA STREET (SOUTH) AND TUSTIN AVENUE September 13, 1995 PAGE 11 13. TRANSPORTATION/CIRCULATiON a,b,c,d The project will not result in additional vehicular movements. The project' will expand capacity of an existing street for the movement of people and/or go~ds'~ The additional alterations to patterns of circulation are not considered, to be significant due to the scale of the project and the integration of project generated'traffic with the existing circulation system. However, short term construction-related circulation problems'may arise which would burden residents and employees in the project vicinity. Also, existing parking facilities may be impacted creating a need for; redesigning the parking on-site, variances or provision for off-site parking. The measures stated below will mitigat~ the impacts to a .level of insignificance. Mitigation Measures/Monitoring Required: 10. The Cities of Santa Ana and Tustin Public Works Agency and the project contractor.will meet with representatives from the businesses affected to identify individual access needs during construction. Signage shall be provided that indicates the project constructions-limits, access routes, alternative routes, detOurs., and entries to individual business sites. 11. After the selection of the preferred right of way for the Seventeenth Street widening, the City staff will meet with the affected property owners to determine parking needs. The impacts of the partial takes will be reviewed with each property owner. 12. In the Cities of Santa Ana and Tustin, where loss of parking results in less than the minimum spaces required in the zoning or parking ~ode, the City ENVIRONMENTAL EVALUATION ER #93-5 · SEVENTEENTH STREET WIDENING 17TH STREET BETWEEN YORBA STREET (SOUTH) AND TUSTIN AVENUE September 13, 1995 PAGE 12 shall recognize these parcels as non-conforming land uses, or provide other compensation should partial or full loss 'of use result.· 13. The Cities. of Santa Ana and Tustin should each develop traffic control plans such as the use of barracades, striping and signal modification to be implemented during the construction phase. 14. Access to all properties will be maintained throughout the construction period. If access is closed, appropriate detours shall be provided. The project will not impact waterborne, rail, or air traffic. No impacts~are anticipated. f~ · Source: City of Santa Ana General Plan City of Tustin General' Plan Mitigation Measures/Monitoring Required: None Required Construction of the proposed project may indirectly increase the existing vehicular movement which may increase the potential traffic hazards to motor vehicles, bicyclists, and pedestrians. Potential impacts will be mitigated .through installation of street and sidewalk improvements (if any) identified by the Public Works Agency for the proposed project. , Source: City of Santa Ana City of Tustin General Plan Mitigation Measures/Monitoring Required: None Required 14. PUBLIC SERVICES a,b The proposed project will not directly necessitate an increased demand for fire and police protection and emergency medical services in the local area. Short-term construction operations may cause traffic delays which could impact emergency vehicle circulation. The implementation of traffic control plans during ENVIRONMENTAL EVALUATION ER #93-5 SEVENTEENTH STREET WIDENING 17TH STREET BETWEEN YORBA STREET (SOUTH) AND TUSTIN AVENUE September 13, 1995 PAGE 13 construction will ease roadway congestion. significant impacts are anticipated. No Source: City of Santa Ana Public Works Agency Mitigation Measures/Monitoring Required: None Required c,d The proposed project will. not result in significant changes to the population of the area and thus will not create significant impacts on schools, parks, and other similar facilities. ee Source: . City of Santa Ana General Plan City of Tustin General Plan Mitigation Measures/Monitoring Required: None Required Development of the proposed project may result in the need for future road improvements at the project site and in the surrounding project area. Implementation of required street improvements at the time they are necessary by the Public Works Agency will mitigate any significant impacts. Source: City of Santa Ana Public Works Agency Mitigation Measures/Monitoring Required: None Required f. Implementation of the proposed project will not have an effect on or result in a need for amy other governmental services. No impact is anticipated. source: City of Santa Ana General Plan Mitigation Measures/Monitoring Required: None Required 15. ENERGY a. The prOposed project will require use of fuel or energy resources. The amount of.fuel required for this project is considered insignificant. Source: Southern California Edison Mitigation Measures/Monitoring Required: None Required ENVIRONMENTAL EVALUATION ER #93-5 SEVENTEENTH STREET WIDENING 17TH STREET BETWEEN YORBA STREET (SOUTH) AND TUSTIN AVENUE September 13, 1995 PAGE 14 16. be The propoSed project will not increase the demand .on the existing sources of energy. No significant impacts to .energy resources are anticipated. Source: Southern California Edison Mitigation Measures/Monitoring Required: None Required UTILITIES a o Southern California Gas Company and the Southern California Edison Company supply services Go the project Site. Some changes may be'made to Underground utility lines. However this would be a future decision made by Southern California Edison and not a direct consequence of the project. Additionally,~ the overhead Edison poles on the north side of Seventeenth Street in the City of Santa Ana will need. to be relocated. Potential impacts are considered insignificant. be Source: City of Santa Ana Public Works Agency Mitigation Measures/Monitoring Required: None Required Pacific Bell provides communication systems to the project site. Alterat. ions to the existing communications network are not anticipated. Source: Pacific Bell . Mitigation Measures/Monitoring Required: None Required c,d,e The proposed project will not result in alterations to the existing water, sewer,, or storm drain systems. The City's Public Works Agency has reviewed the proposed project and has not identified a need for new or altered systems to accompany this project. No adverSe impacts are anticipated. Source- Cities of Santa Ana and Tustin Mitigation Measures7Monitoring Required: None Required ENVIRONMENTAL EVALUATION ER #93-5 SEVENTEENTH STREET WIDENING 17TH STREET BETWEEN YORBA STREET (SOUTH) AND TUSTIN AVENUE September 13, 1995 PAGE 15 17. HUMAN HEALTH Se .The proposed project is not ~anticipated to involve hazardous materials that would create a human health hazard. No impacts are anticipated. ~ ~ Source: Santa Ana Fire Department Mitigation Measures/Monitoring Required: None Required be Implementation of the street widening may expose construction workers to short-term vehicl~ emissions from being exposed daily'to operating traffic. Because this is a short-term impact, it is not considered significant. Source: AQMD Air Quality Handbook Mitigation Measures~Monitoring Required: None Required 18~. AESTHETICS The proposed project will not obstruct any existing scenic vistas or views open to the public. The displacement of one building and a gas station island will not have a significant aesthetic impact. However, the removal of some of the landscaped areas may be viewed as a significant aesthetic impact requiring the mitigation stated below. Mitigation Measures/Monitoring Required' 15. Each landscaped planter and setback that is remoVed as a result of this project should be replaced or relocated according to each cities' standards and funded by jurisdiction where the landscaping was lost. If such standards are not in place, the landscaping should be restored by the project applicant according to 'the desires of the city effected. ENVIRONMENTAL EVALUATION ER #93-5 SEVENTEENTH STREET WIDENING 17TH STREET BETWEEN YORBA STREET (SOUTH) AND TUSTIN AVENUE September 13, 1995 PAGE 16 19. RECREATION The project is not considered to have a significant impact upon the quality or quantity of existing recreational opportunities. No impacts are anticipated. ~ Source: City of Santa Ana Mitigation Measures/Monitoring Required: None Required 20. CULTURAL RESOURCES Se There are no known onsite prehistoric or historic archaeological re'sources. No impacts are anticipated. be Source- CFIP EIR ' Mitigation Measures/Monitoring Required: None Required There are no historic or prehistoric buildings, structures, or objects within the project area. No impacts are anticipated. Ce de Source: CFIP EIR Mitigation Measures/Monitoring Required: None Required The project area is not known to be significant to any ethnic or social groups. No impacts are anticipated. Source: CFIP EIR Mitigation Measures/Monitoring Required: None Required There are no existing religious.or sacred structures or uses within the project area. No impacts are anticipated. Source- CFIP EIR Mitigation Measures/Monitoring Required: NOne Required 21. MANDATORY FINDINGS OF SIGNIFICANCE ENVIRONMENTAL EVALUATION ER ~93-5 SEVENTEENTH STREET WIDENING 17TH STREET BETWEEN YORBA STREET (SOUTH) AND TUSTIN AVENUE September 13, 1995 PAGE 17 a · b~ c~ d~ The proposed project site has not been identified as a habitat or potential habitat for any federally listed endangered animal or plant species, nor is implementation of the proposed project anticipated to. affect the populations of any non-endangered animal or plan~ species. No important examples of California history or prehistory are known on the proposed project site. Implementation of the proposed project is not expected to have the potential to achieve short-term goals, to the disadvantage of long-term goals. Implementation of the proposed project is not anticipated to cause cumulative impacts which are individually limited, but cumulatively significant. Implementation of the proposed project is not expected to have environmental impacts which will cause substantial adverse effects on human beings, either directly or indirectly. PUBLIC COMMENTS RECEIVED STATE oF CALIFORNIA--BUSINESS AND TRANSPORTAJlON AGENCY DEPARTMENT OF TRANSPORTATION 'TRICT 12 , PULL~AN STREET ..,NTA ANA, CA 92705 PETE WILSON. (~O~rnor August 9, 1995 Ms. Maya DeRosa City of Santa ]Ina Planning &Building Agency 206 West Fourth Street (M-20) Santa Aha, Ca. 92'702 File-IGR/CEQA SCH # none Subject: Seventeenth Street Widening :. Dear Ms. DeRosa: Thank you for the opportunity to review and comment on the' Negative Declaration for the Seventeenth Street Widening. Caltrans District 12 is a responsible agency for this project. The proposed project involves'widening the street to seven travel lanes east and west of the Seventeenth Street bridge overcrossing. Should any of the proposed improvements be on State Right of Way an approval from Caltrans will be required and all work should be done to State standards. Please continue to keep us informed of future developments which could potentially impa~t our State Transportation Facilities. If you have any questiQns, or need to contact us, please call Aileen Kennedy on (714) 724-2239. Sincerely, Robert F. Joseph, Chief Advance Planning Branch cc: Tom Loftus, OPR Ron Helgeson, HDQTRS Planning Tom Persons, HDQTRS Traffic Operations Dipak Roy, Project Management Ralph Neal, Right of Way RECEIVED AUG I 4 1995 SAI'~A ANA PLANNING DEPT. MWD ME TROPOL I TAN WA T£R DIS ?RIC 1' 0£ SOU TH£RN CA L I£ORNIA Office of the Ge.eral Manager July 31, 1995 Ms. Maya DeRosa; Environmental Coordinator City of Santa Aha P.O. Box 1988' M-20 Santa Ana, Calif'omia 92702 Dear Ms. DeRosa' Mitigated Negative Declaration For the Widening of Seventeenth Street We have received the Mitigated Negative Declaration (MND) for the Widening of Seventeenth Street. 'Th~ City of Santa Aha proposes to widen Seventeenth Street between Yorba Street and Tustin Avenue. The comments herein represent the Metropolitan Water District's (Mcl,'opolitan) rcst~onse as a potentially aflhcted public agency. Our review of the MND indicates that Metropolitan's East Oranee County Feeder No. 2 traverses the propose(l project site in a.nOrtlV'south direction. The ~ttached map shows MetropoiJtan's facility in relation to the proposed project. It will be necessary for the City to consider this facility in its project plan,ting. In order to avoid potential conflicts with Metropolitan's facility, we request that preliminary prints of all improvement plans for any activity in the area of Metropolitan's pipelines and rights-of-way be submitted for our review and written approval. You may obtain detailed prints of drawings of Metropolitan's pipelines and rights-of-way by calling MetroPolitan's Substructures l,?tb'rmation Line at (213) 217-6564. A statement ofguidelines for development in Metropolitan s thcilities area, t~e properties or easements has been attached for your. information. Ms. Maya DeRosa _9_ July 3 l, 1995 We appreciate the opportunity to provide input to your planning process. If'we can be of further assistance, please contact me at (213) 217-6242. AMR Very truly Y9urs, k_.~_~_,_,;. , ,. '-'3~,~ Laura J. Simc~nkk . Senior Environmental Specialist Attachments RESOLUTION OF NECESSITY RESOLUTION OF NECESSITY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 96-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING A NECESSITY FOR THE PUBLIC USE OF PORTIONS OF ASSESSOR'S PARCELS NOS. 395-311-01 AND 395-311- 39, (17241 AND 17231 E. SEVENTEENTH STREET-WILDE FAMILY TRUSTS), AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY AND THE EXPENDING OF FUNDS, THEREFORE IN THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS WHEREAS, portions of Assessor's Parcels Nos. 395-311-01 and 395-311-39, located at 17241 and 17231 E. Seventeenth Street, respectively need to be acquired for permanent and temporary public use, namely for the widening of the north side of Seventeenth Street between State Route 55 and Carroll Way within the City of Tustin. (hereinafter, the "Seventeenth Street Widening Project".) The property to be acquired for temporary public use is shown as temporary construction easements on Exhibit "A", attached hereto and incorporated herein by this reference. The property to be acquired for permanent public use is more particularly described in Exhibit "A-I", attached hereto and incorporated herein by this reference. (hereinafter, collectively the "Properties"); and WHEREAS, state law authorizes the use of eminent domain for acquisition, of property for the above stated purposes; and WHEREAS, notice of an opportunity to be heard was given to the property owners pursuant to Code of Civil Procedure §1245.235; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Properties are needed for a public use, that is to widen the north side of S.eventeenth' Street, between State Route 55 and Carroll Way within the City of Tustin. A full and complete description of the public use is found within the Staff Report which is incorporated herein by this reference. SECTION 2. The Properties .to be taken for a public use are described in Exhibits "A" and "A-I" SECTION 3. The City Council makes the following additional findings: a). The public interest and necessity require the widening of the north side of Seventeenth Street, to reduce existing and future congestion between east of Carroll Way and State Route 55; b) The Seventeenth Street Widening Project is planned and located in a manner that will be most compatible with the public good and the least private injury. In an effort to minimize the permanent impact on the Properties, the widening has been designed with reduced lane widths, sidewalks widths, and from typical City design standards. In an effort to minimize temporary construction impacts, the Seventeenth Street Widening Project is proposed to be constructed by Caltrans at the same time Caltrans' is reconstructing and widening the approach to the seventeenth Street bridge over State Route 55; 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 c) The Properties are necessary for the proposed widening of the north side of Seventeenth Street; d} An offer to purchase'the Properties has been made to the owner of the Properties pursuant to Government Code §7267.2. SECTION 4. The City of Santa Ana and the Tustin City Attorney are authorized and directed to perform all acts necessary on behalf of the City for the acquisition of the right-of-way, and said City Attorney is further authorized to prepare, institute and prosecute to conclusion on behalf of the City, an action in eminent domain, or such proceedings as may be required for the acquisition for the Properties described herein, or an interest in said Properties, which cannot be acquired by negotiation, to do any and all other things in connection with such proceedings, as in their judgment may be necessary and convenient to the successful conclusion of said proceedings. SECTION 5. The City of Santa Ana is hereby authorized to expend funds available to the City of Tustin pursuant to the Seventeenth Street.Widening Project for the acquisition of Properties described herein. SECTION 6. The City Clerk is hereby authorized and directed to record a certified copy of this Resolution in the office of the County 'Recorder, County of 'Orange. · SECTION 7. The California Environmental Quality Act has been followed in that on October 2, 1995, the City Council certified a mitigated negative declaration for the Seventeenth Street Widening Project. . PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 1st day of April, 1996. JIM POTTS, Mayor ATTEST: PAMELA STOKER, City Clerk 9999-0001 25651_1 - Z, - EXHIBIT "A-I" APN: 395-311-01 17241 E. SEVENTEENTH STREET A permanent easement for street purposes under and across that portion of land located in the City of Tustin, County of Orange, State of California, being a portion of Lot 14, Block "B" of the A.B. Chapman Tract as shown on a map recorded in Book 102, page 15 of Miscellaneous Maps, and Parcel 4 as shown in Book 49, page 39 of Parcel Maps, in the office of the County Recorder of said county, more particularly described as folloWs: Beginning at the intersection of Seventeenth Street and Yorba Street/Carroll Way as shown in Book 49, Page 39, of Parcel Maps, County of Orange, State of California, and described as a Type B monument per State Division of Highways Standard A75- 001,166. Said monument being a brass disc with punch mark. Thence North 88°41'17'' West, from said monument 192.69 feet; thence North 1 °18'43" East, 7.58 feet along the 'Westerly property line of said Parcel; thence North 88022'58'' East, 23.54 feet; thence Easterly 109.96 feet along a Southerly concave curve having a radius of 2462.00 feet and a central angle of 2033,32,,; thence Northerly 45.08 feet along a Northwesterly concave curve having a radius, of 27.00 feet and a central angle of 95040'24'' to the Easterly property line; thence Southerly 14.24 feet along a Westerly concave curve having a radius of 170.00 feet and a central angle of 4°47'54"; thence Southwesterly 43.00 feet along a Northwesterly concave curve having a radius of 27.00 feet and a central angle of 91 °14'43" to a point being 58.69 feet West and 50.00 North of the Point of Beginning. Thence North 88°41'17'' West, 134.00 feet to the True Point of Beginning. APN: 395-311-39 17231 E. SEVENTEENTH STREET A fee simple absolute for street purposes under and across that portion of lands located in the City of Tustin, County of Orange, State of California, being a portion of Lot 14, Block "B" of the A.B. Chapman Tract as shown on a map recorded in Book 102, page 15 of Miscellaneous Maps, and Parcel 3 as shown in Book 49, page 39 of Parcel Maps, in the office of. the County Recorder of said county, more particularly described as follows: Beginning at the intersection of Seventeenth Street and Yorba Street/Carroll Way as · shown in Book 49, Page 39 of Parcel Maps, County of Orange, State of California, and described as Type B monument per State Division of Highways Standard A75-001-166. Said monument being a brass disc with punch mark. Thence North 88°41'17" West, from said monument 192.69 feet; thence North 1 °18'43". East, 50.00 feet to a point on the Northerly right-of-way line of Seventeenth Street. Said point being the Southeast corner of Parcel 3 and the True Point of Beginning; thence 1 °18'43" East 7.58 feet along the Easterly property line of said Parcel; thence South 88022'58'' West, 148.32 feet to the southerly parcel line of said parcel; thence South 88°41'17'' East, 148.13 feet to the True Point of Beginning. EXHIBIT "A-i"