HomeMy WebLinkAboutPH 2 EMINANT DOMAIN 12-22-92PUBLIC HEARING
to - 9Z 12-22-92
iA'G E N D A.Inter-Com
DATE: DECEMBER 22, 1992
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
PUBLIC HEARING FOR EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION
SUBJECT: OF TEMPORARY CONSTRUCTION EASEMENT FOR YORBA STREET WIDENING
135 NORTH YORBA STREET (CAMPBELL PROPERTY)
RECOMMENDATION:
It is recommended that the Tustin City Council pass and adopt
Resolution No. 92- 151, initiating eminent domain proceedings to
acquire a temporary construction easement (approximately 700 square
feet) at the location of 135 North Yorba Street, Tustin.
BACKGROUND:
At their meeting of November 16, 1992, the City Council held a
public hearing for the subject eminent domain proceeding and
ultimately adopted Resolution No. 92-135. Based on this action,
the City Attorney's office attempted to obtain from the Orange
County Superior Court an Order of Possession on November 23, 1992.
This expedited court process was initiated to meet short timelines
imposed by the County of Orange, which is partially funding this
project. Due to.a technical legal difficulty, as explained by the
attached memorandum from the City Attorney, the Court requested
that the City readopt the Resolution of Necessity.
The Yorba Street project consists of widening the street along the
easterly side of Yorba Street between First Street and
approximately 250 feet southerly of Irvine Boulevard to its master
planned width of 40 feet easterly of the street centerline. The
westerly side of Yorba Street has been previously widened to its
master planned width. The existing width of Yorba Street is
improved to a width of 25 feet easterly of the street centerline.
This street improvement project affects ten parcels along the
easterly side of Yorba Street of which street dedication for all
ten parcels has been acquired and temporary construction access
easements or rights -of -entry for construction for nine parcels have
been acquired. The parcel at 135 North Yorba Street (Campbell
property) is the only parcel that has not granted a temporary
construction easement.
DISCUSSION:
The property owners at 135 North Yorba Street executed an
Irrevocable Offer of Dedication to the City for street purposes,
over the most westerly 15 feet of the property on September 8,
1982, which was subsequently accepted by the City.
In addition to the dedication of the most westerly 15 feet of the
parcel of land at 135 Yorba Street, it is necessary for the City to
acquire a temporary construction easement, 14 feet in width
extending across the entire frontage of the subject property.
Public Hearing of Eminent Domain
December 22, 1992
Page 2
The City is obligated to award a construction contract for the
Yorba Street Widening Project by April 30, 1993, per the County of
Orange Environmental Management Agency. The City and County of
Orange will fund this project on a 50-50 basis under the County of
Orange Arterial Highway Financing Program (AHFP). Based on the
April 30, 1993 deadline date for the award of a construction
contract the following milestone dates must be met to comply with
both agency scheduling and bid advertisement requirements:
City Council certifies right-of-way
acquisition ...........................Monday, January 18, 1993
Construction Administration Agreement
received from County EMA .............. Monday, January 18, 1993
City Council approves County EMA
Administration Agreement .............. Monday, February 1, 1993
County Board of Supervisor approves
County EMA Administration Agreement ... Tuesday, March 2, 1993
County EMA issues authorization
to Advertise Bids ..................... Wednesday, March 3, 1993
City Council approves plans and
authorizes to advertise bids .......... Monday, March 1, 1993
First legal advertisement of bids ..... Thursday, March 11, 1993
Second legal advertisement of bids .... Thursday, March 18, 1993
Bid opening ........................... Tuesday., April 6, 1993
Award of bid .......................... Monday, April 19, 1993
The abovementioned dates require that the City have legal control
of the needed easements by mid-December 1992, so as to enable staff
to present the required certification documents to the City Council
for its January 18, 1993 meeting.
The -attached Resolution No. 92-151 authorizes the acquisition of a
temporary construction easement and the expenditure of funds
therefor and the institution of eminent domain proceedings for the
parcel located at 135 North Yorba Street, (a portion of Assessors
Parcel No. 401-521-10, Campbell property). Staff requests that the
City Council pass and adopt Resolution No. 92-151 based .upon the
findings of the resolution and this staff report. The findings are
based upon the following facts:
Public Hearing of Eminent Domain
December 22, 1992
Page 3
3a. The current traffic volume on Yorba Street, between First
Street and Irvine Boulevard is 10,633 vehicles per day. This
traffic count was taken on January 4, 1990 which was prior to
the closure of the First Street bridge over the SR-55 Freeway.
The anticipated future traffic volume on the same segment of
Yorba Street is forecasted to be approximately 23,000 vehicles
per day in the post year 2000. These figures are based upon
a traffic forecasting model developed for the City's General
Plan which accounts for projected growth within the City and
growth in the surrounding portions of the County.
Implementation of the widening of Yorba Street between First
Street and Irvine Boulevard would complete the master planned
status of Yorba Street as a Secondary Arterial for the entire
length of Yorba Street between First Street and Seventeenth
Street. Currently, the extension of Yorba Street north of
Irvine Boulevard has been developed to master planned
Secondary Arterial status.
The widening is critical to the roadway's capacity to carry
the projected future traffic volumes. Since this segment of
Yorba Street is a link between First Street, a Primary
Arterial with a maximum traffic carrying capacity of 32,000
vehicles per day, and Irvine Boulevard, a Major Arterial with
a maximum traf f is carrying capacity of 54, 000 vehicles per day
as well as being considered for Super Street classification,
it will be expected to carry substantial volumes.
This widening is consistent with the City's Circulation
Element of the General Plan as well as with the County's.
Master Plan of Arterial Highways (MPAH) . Consistency with the
County's MPAH is essential to ensure that the City is
implementing the same base transportation network which will
serve the general regional interest.
3b. Yorba Street was originally planned as a local street
with residential frontage along its entire length between
First Street and Irvine Boulevard.
It was later included on the County's MPAH to proportionately
serve the general interest of the County transportation
network. It was also included in the City's Circulation
Element of the General Plan to maintain -consistency with the
County MPAH as well as to accommodate the projected growth
needs of the City and its surrounding areas.
More recently, with the change in area demographics along
Yorba Street between First Street and Irvine Boulevard, the
characteristics of land use designations have evolved from the
predominately residential area to the current
Office/Professional designation existing along this segment of
Yorba Street.
Public Hearing of Eminent Domain
December 22, 1992
Page 4
During the interim process of zoning changes in this area,
offers of dedication for roadway widening purposes were
accepted from property owners along Yorba Street. The
dedications were equitable along both sides of the Yorba
Street centerline thereby providing the least impact to any
one property.
Along the westerly side of Yorba Street between First Street
and Irvine Boulevard, the roadway has been constructed to the
full Secondary Arterial status. The proposed widening to the
easterly side of Yorba Street will then implement the master
planned Secondary Arterial status of the entire length of
Yorba Street and provide roadway continuity along Yorba Street
between First Street and Seventeenth Street.
3c. A temporary construction easement over westerly 14 feet
of the property described above is necessary due to the
elevation differences of the proposed street widening
improvements and the remaining private property at 135 North
Yorba Street. The temporary construction easement will allow
the City to grade the private property to provide a smooth
transition of any landscaped area, sidewalks and driveways,
thereby eliminating any potential tripping hazards.
Additionally, this temporary easement will allow the City to
provide for proper drainage from the private property to the
public street right -df -way and eliminate any potential ponded
areas.
It is recommended that the City Council adopt the attached
resolution of necessity, which is the f irst legal step to initiate
eminent domain proceedings. State law requires a minimum four
fifths (4/5) vote of the City Council for passage of the resolution
of necessity.
Robert tedendecker
Director of Public Works/Ci
RL:ccg:campbe11
Engineer
• �•' .... L d �! v 1Y• i. IJ:Y. �� V L� J1:. �. 11 1.! 1./ L i'. L' : �' : •... 1 V 1 V V i 1 1 V 1 1 / 11I'. Lr • V V L / V V V
DATE: DECEKBER 1,9 1.9 9 2 Inter -Com
TO: HONORADLL" MAYOR A" CITY COUMCILMEMBERB
FROM: CITY ATTORNEY
SUBJECT: YORBA 8TREET WIDENING PROJECT; CAMPBELL PROPERTY
RECOMMENDATION: ADOPTION OF RESOLUTION OF NECESSITY
Recently the City Council adopted two Resolutions of Necessity
to begin eminent domain proceedings for two parcels of properties,
namely the Jechart Estate property and the Campbell property, each
located on Yorba Street.
Pursuant to that action, our office filed eminent domain
proceedings with the orange County Superior Court. An expedited
procedure was utilized to apply to the Court for an order of
Possession in order to meet the very short timelines for
commencement of construction which have been imposed by the County
of orange. An Order of Possession was obtained in the Jechart
Estate property. However, Mr. Campbell opposed the City's
application for an Order of Possession and raised various
objections and arguments, all to the end that the Court felt we
should state more fully and completely the City's need and basis
for obtaining an order of Possession.
Accordingly, a new City Council hearing date was set and
noticed for December 7, 1992 for the Council to consider a revised,
proposed Resolution of Necessity which we hope will satisfy the
Court that the City should be granted an order of possession_
A staff report and new Resolution of Necessity are therefore
submitted for the Council's consideration. _
JOR:jab:D:120192(1C-301 jab)
L' wkwuro
cc: William Huston
a
JAMT:S G*AWM0M;ME, City Attorney
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RESOLUTION NO. 92-151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AUTHORIZING THE
ACQUISITION OF A TEMPORARY CONSTRUCTION
EASEMENT AND THE EXPENDING OF FUNDS, THEREFOR
AND THE INSTITUTION OF EMINENT DOMAIN
PROCEEDINGS (A PORTION OF ASSESSOR'S PARCEL
NO. 401-521-10, CAMPBELL PROPERTY)
WHEREAS, the acquisition of a temporary construction easement
in, over, along and across a portion of Assessor's Parcel No. 401-
521-10 is needed for public purposes, namely to be utilized for the
widening of Yorba Street within the City of Tustin; and
WHEREAS, certain provisions of state law (to wit: Code of
Civil Procedure § 1240.010 and § 1240.110, Government Code §;
37350.5 and § 37353, and Streets and Highways Code § 4090)
authorize the acquisition and use of property for street widening
purposes; and
WHEREAS, Notice of an Opportunity to be Heard was given to the:
property owner pursuant to the State Eminent Domain Law (CCP S
1245.235);
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,;
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. Public Use is for a Street Widening Project.
The public use, to which a portion of Assessor's Parcel No.
401-521-10 is necessary, is for the widening of an existing
roadway, to wit, Yorba Street, within the City of Tustin.
Section 2. Description of Property.
The property to be acquired is as a temporary construction
easement is described as a portion of Assessor's Parcel No. 401-
521-10, located between First Street and Irvine Boulevard, City of
Tustin, more particularly described in Exhibit "A" attached and;
incorporated herein by reference.
Section 3. Findings.
The City Council hereby makes the following findings:
a) The public interest and necessity require the widening of
Yorba Street, to accommodate the additional traffic generated on
(H578)
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Resolution No. 92-151
Page 2
the arterial highway system on and near Yorba Street within the
City of Tustin;
b) The proposed project is planned or located in the manner
that will be most compatible with the greatest public good and the
least private injury;
C) A temporary construction easement over, along and across
the described portion of the property is necessary for this
project, to wit, the widening of Yorba Street;
d) An offer to acquire a temporary construction easement
over, along and across the described portion of the property has
been made to the owner of the property pursuant to Government Code
§7267.2.
Subsidiary Findings:
1) Yorba Street is designated as a planned secondary'
arterial street on Tustin Circulation Element and on the County of
Orange's Master Plan of Arterial Highways. As such, this:
designation means that Yorba Street has been classified and
designed for a four lane street. Yorba Street connects two:
significant arterials to wit: Irvine Boulevard, a primary arterial i
highway, and 17th Street, a major arterial highway, all as
designated and defined in the Orange County Master Plan of;
Highways.
2) To date, Yorba Street between First Street and Irvine;
Boulevard has already been widened to four lane capacity along most
of Yorba Street. Current traffic on Yorba Street is 10,633
vehicles per day. This will grow to 23,000 vehicles per day by the
year 2000. The street widening is critical to the capacity to
carry projected future traffic volumes on Yorba Street, Irvine
Boulevard, 17th Street, and to and from the I-5 Freeway and State'
Route 55 Freeway, as well as to and from residential feeder streets
which access all of the aforementioned arterial highways.
3) The County of Orange Arterial Funding Program provides;
50/50 match of funding for the project, with Tustin providing the.
other half of the cost.
4) The widening of Yorba Street is planned and located in a
manner that will be most compatible with the public good and least
private injury, in that the County of Orange and the City of Tustin
have long planned for Yorba Street to be secondary arterial street
with a carrying capacity of four lanes. At present, a portion of
Yorba Street is restricted to one travel lane. By widening Yorba
Street, the four lane capacity for Yorba Street will be fully
completed, thus capable of accommodating the above stated travel
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Resolution No. 92-151
Page 3
loads. Yorba Street was originally constructed more than fifty
(50) years ago as a two-lane residential street. Only single
family residences were on the street. First Street was a two-lane
street and there was no I-5 Freeway or SR -55 Freeway. The
properties along Yorba Street between First Street and Irvine
Boulevard have now been converted from residential to commercial
and professional uses, including the subject property.
5) A temporary construction easement on the Campbell parcel
is necessary to accommodate the widening of Yorba Street, in that
there exists a grade separation between the Campbell parcel and
Yorba Street. The ability to occupy a portion of the Campbell
parcel on a temporary basis will enable the City to provide a
smooth transition from the street to the lot, thereby eliminating
pedestrian (trip and fall) hazards and to provide for proper
drainage of surface waters for the street and the adjacent
properties including the subject property. The Public Works Staff
Report prepared for the December 7, 1992, hearing is hereby
incorporated herein by reference in support of these findings.
Section 4. Legal Authority to Condemn the Property.
State Eminent Domain Law, more specifically, Code of Civil
Procedures §§ 1240.010 and 1240.110 authorize public entities to
acquire any property to be utilized for a public purpose.
Government Code § 37350.5 authorizes a city to acquire any property
necessary to carry out any of its powers and functions and
Government Code § 37353 authorizes cities to acquire property
needed for street purposes. Streets and Highways Code § 4090
provides that cities may acquire by condemnation any and all
property, including easements necessary and convenient for the
construction, widening and maintenance of public streets.
Section S. Authorization.
The City Manager, Director of Public Works, and City Attorney
are authorized and directed to perform all acts necessary on behalf
of the City for the acquisition of a temporary construction
easement, including, without limitation the retention of Palmieri,
Tyler, Wiener, Wilhelm & Waldron as special counsel for the City,
and are 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 of a
temporary construction easement of a portion of the property
described herein, 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 6. Expenditure of Funds.
}
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Resolution No- 92-151
Page 4
Manager is hereby authorized to expend funds:
The City g.
available to the City for the acquisiaescribed hereinof a pora ,
construction easement of the real property
lection 7. Env'ronme tal Documentation �
Environmental Quality Act has been fu1
lYl
The CalifOvni& Tu has prepared a negatVe'
complied with and the City of uof determination
declaration for this project and filed a notice
with the County clerk. I
section 8—
Repealer ._
Resolution ' 92-135 is repealed in its entirety.
etin of the City Council
PASSED AND ADOPTED, at a regular me 4 1992.E
for the City
of Tustin 'on this day of
LESLIE ANNE PONTIOUS, Mayor
ATTEST:
1
MARY E. W'YNN, City Clerk I
s
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
135 N. YORBA STREET (AP #401-521-10)
A temporary construction easement over 135 Yorba Street, Assessor's
Parcel Number 401-521-10 for the reconstruction of driveway,
parking area, walk, planter, regrade and reseed of turf area and
appurtenances adjacent to new street improvements in conjunction
with the project to widen the eastside of Yorba Street between
First Street and Irvine Boulevard described as follows:
The westerly 34.00 feet of Lot 5, Block A of Mountain View Garden,
Tract No. 396 as shown on a map recorded in Book 16, Page 10 of
Miscellaneous Maps, records of Orange County, California.
Excepting that portion described in a deed recorded May 9, 1923 in
Book 465 Page 312 of deeds, records of said Orange County.
Also excepting that portion described in the offer of dedication
recorded September 22, 1982 as document No. 82-333808.
"The subject temporary easement shall commence upon the
effective date of the order of immediate possession and
continue to the date that the notice of completion of the
Yorba Street widening project is approved and accepted by the
City Council of the City of Tustin."
JO:kIb:TEMPEASE
Arl' 401-521-10
pfZ161h1p•L � PER 'TR. t�10. y�(o
f t25 55'
AA
•P/vs/ FE,� oFi�E/Z of ,DEO/1A1�/o�✓
o. •�. 8z- 333808
LOT 5 DL OGK f�
No. 3 .
71��P�G �
M. M. IG -10
. 12D• 55'
�iov,�.9.P5/ Cor✓-sr.PUcr/oiV
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No .sc.Qtt
DAVID A DE BERRY
CRAIG G FARRINGTON
{sEPH W FORBATM
IE.jEFFRCY
CRT W LUCAS
CHERYL LYNN
RAYEMC MAZARCI
BETTY C MRGUDICH
THOMAS F. NIXON
JAMES W. PARKER
JAMES G. R0IJRKC
JOHN R. SHAW
KENNARD R. SMART, JR.
DANIE I. SPENCE
DANIEL K SPRADLIN
ALAN R WLTTS
WAYNE W WINTHERS
THOMAS L. WOODRUFF
LAW OrFICES OF
ROURKE. WOODRUFF & S?RkI)LIN
A PROrCS510NAL CORO'ORAT#C%
SUITE 7000
701 SOUTH PARKER STRE
ORANGE, CALIFORNIA 92EE5
November 23, 19912
Mr. Robert N. Campbell
135 North Yorba Street
Tustin, California 92680
l''0�I►'A(!'ItI
TELEPHONE 1714) 558-7000
FACSIMILE (714) 83S-77(37
WRITER'S DIRECT DIAL NUMBER
n•.�r 1�1 1.1
Re: Notice of Eminent Domain Hearing re: Temporary
Construction Easement/135 North Yorba Street, Tustin
Dear Mr. Campbell:
Please be advised that the City Council of the City of Tustin
shall conduct a hearing in eminent doma_n on December 71 1992, at
7:00 p.m., at the Senior Citizen's. Center, 200 South C Street,
Tustin California, as to whether to initiate eminent domain
proceedings s with respect to the acquisition of that certain
temporary construction easement identified in the Boznanski and
Company Appraisal Report (previously made available to you).
You are given notice that the city Council of the City of
Tustin intends to adopt a resolution of necessity initiating
eminent domain proceedings for acquisit-on of the above described
temporary construction easement.
Pursuant to Code of Civil Procedures Section 1245.235(b)I you
have the right and opportunity to appear and be heard on the
following matters only:
a. That the public interest and necessity require the
widening of Yorba Street;
b. That the road widening project is planned or located in
a matter that will be most compatible wi:.h the greatest public good
and least private injury;
C. That this temporary construc:ion easement sought to be
required is necessary for the road widening project on Yorba
Street.
Mr. Robert N. Campbell
November 23, 1992
Page 2
Pursuant to Code of Civil Procedures Section 1240.030, the
eminent domain hearing is not for the purpose of discussing the
fair market value of the rental value of the temporary construction
easement in question.
You may file a written request to appear on the hearing date
of December 7, 1992. Failure to do so, will result in waiver of
your right to appear and be heard.
If you should have any questions regarding this procedure,
please feel free to call this office.
very truly yours,
ROURKE�, WOODRUFF & SPRADLIN
J N R. SHAW
IRS:pm: D:11 /23/92: (HS71)
cc: Mr. William A. Huston
Mr. Robert S. Ledendecker
Mr. Gerald Otteson
James G. Rourke, Esq.
F
FILED
GVE 'NEGA MAR -2 W
0
G-- r n
1+ CITY OF TUSTIN Y'L. I,L� Ck*
300 CENTENNIAL WAY, TUSTIN, CA. 92680 ay i k_ - ctgY
Project Title: YOFBA STREET WIDENING
File No.
Project Location: Yorba Street between First STreet L Irvine Blvd.
Project Description: Widening of remaining portions of Yorba Street
between First Street and Irvine Blvd., to ultiate
Project Proponent: w i d h.
Contact Person:
City of Tustin Telephone: Ext.
Ron Wolford
S�►�+"8890 288
The Community Development Department has conducted anis initial
study
udyfor the
regarding
above project in accordance withEnvironmental
ronmental e City o Quality Act, proceand. on the basis of
implementation of the California
that study hereby find:.
That there - i s no substantial evidence that the project may have .- a
significant effect on the environment.
isions have
That potential significant affects were identified, but a revbeen included i n the project plans and agreed to earl by the applicant that
si no
would avoid or mitigate the affects to a point where y
significant effects would occur. Said revisions are attached to and
hereby made a part of this Negative Declaration.
Therefore, the preparation of an Environmental Impact Report is not required.
The initial study which provides the basis for this determination is on
file at the Community Development Department, City of Tustin. The public
is invited to comment on the appropriateness of this Negative Declaration
during the review period, which begins with the
public
u l i c Upon Trevce i ew by
of a
Negative Declaration and eptends for
thiereviewnr peri odysmay be extended i f
the Community Deve l Development rectors
deemed necessary.
REVIEW PERIOD ENDS 4:30 p.m. on
i
DATED:
�Y Commu ty Development Director
P 0 S T E D
MAR 21988
MRY L. Cork
/ EPUTY
L
CITY OF TUSTIN
Community Development Department
ENVIRONMENTAL INITIAL STUDY FORM
A5n .1>i✓ 1Gh
►. Fume of Propo en sZ
Z A� and PhonNumber of Numbof PtaQonas+t
�—
CMIA 1A /A
3. Dote of Cbeck ilst Submitted /
Requiring Checkilst C
a. A9
S. A t -#*b gi '.) 4 me le't
Morns of PTvpasai, if MP -d �rVIKv � ewlGv6�-d
IQ
d ei 5'�' -� rneu't'or p i � l�•� d* • -
R��a
MVIanCrtions of ail "yee
and amaybe wawem are required on at'100
yes
---� No
F 4L Will the Proposal reit ins
,. --- -
a. Unstable sora+ conditions or in c�a V
in geologic substructures?
b. Disnaptiares, dupl�ents, e°rr�p°e?ton
rg of the soli?
ar '
C. G '+9a • -,--'T: ;,Cum Baca
relief features?
d. The des?ruelon, covering Or modification
I ie or pi"" al features?
of any unique gee ag .
in wind or water - erosion of
e,, Any increa� .
soils, either on or off the site?
in dePositian or esosian of beach
=ds, or des in si ltetien, deposition or
pian wi'lich may mode%► !fie Anel of a
river or streal or the bed of the ocean or
cr bay, in let or lake?
-* Severt a ec-e j S to btqcjajr-e-j.
Yaw- Membe No
g.
Exposure of people or properly to geolo-
gic hazards . such as earthquakes, landslides,
MUC:j3ildes4 ground failure, ar similar hazards?
Z. Air.
Will the Prcpo=i result irm .
a.
Substantial air emissions or deterioration
of ambient air quality?
b.
The creation of objectionable oclors?
c.
Alteration of air movement, moisture, or
temperature, or any charge in climate,
either locally or regionally?
._.
3. Water.
Will tt* proposal result in:
a.
Ch=Ves in cv Tents, or the course of dl-
reatian of water movements, in eithv
marine or fresh waters?
b.
C}wges in absorption rates, drainage Pat-
tenv4 ar the rate and amount of surf=e
• c.
Alterations to the course or flow of flood
'
waters? _.
d.
Change in the amount of surfaces water in
any water body?
a
Discharge into surface waters, or in any
alteration of sus foae water qualify, in-
cluding but not limited to ten perature,
dissolved oxygen or turbidity?
f.
Alteration of the direction or rate of flow
of ground waters?
q.
Change in the quantity of ground waters,
either ttvvugh direct odditions or with-
drawals, or through interception of an
aquifer by cum or excavations?
h.
Substantial reduction in the amount of
water otherwise avciiabie for public water
/
Supp lies?
i.
Exposure of pevcie or prooerty to water re-
lated haz=ds such as flooding cr tical wcveS?
0
Plant Ufa. Will the proposal result in:
a. C?=Ve in the diversity of species, or
number of arty species of punts- (including
trees, scrubs, grass, crops, and aquatic
p iontzr.
b.. Reduction of the nunm)em of arrf un "9
rare or endangered species of plants?
c. introduction of new Xmc
ie of plants into
an area, or in a barrier to the normoi
replen esfimc vt of existing species.
CL Reduction in acreage of a rf agtievitural
crop? '
5. Animai Life. Will the prcposai remit in:
a. Charge in the dlversitr of species, or
rxm*.= of aV species of animais (birds,
land animais including reptiles, fish and
stwilf':sh, benthic cr'9anism0. or ir�*
- b. Reduction of �� oof a�nimals4
rare or er+dan9spwies
• c. lnt�ctian of new species of animals into
an area; or resuit in a barrier to the
migration or movement of anknais?
d. Deterioration to existing fish or wildlife
habitat?
6. Noise. Wilt the proposal result ins
a. Incseaecs in existing
noise levels? .
b. EVOsure of people to severe noise levels?
7. Ught and Glare-- Will the propow 1 produce
new light or glare?
S. Land � Will the proposal result in a sub-
staritici alteration of the prew-nt or planned
land use of an ares?
9. Re.�. W ill tfie prcpwcl result ins
Inc - eye 'in the rate of use of ony r#alural
resources?
Yes )Aavbe No
Yes
' l depletion of anY nonrenewable
Substant�c
b. 17
natural resource-
10. Risk of lPt• • Val1 the pro'P°s°i invoiv
.
a. A tisk of cn axPlO°1on or the releaseut not
(inC1 M
�bstanees
is or
limited to,� af i� � an aczide� or
rodiatior)
--
.
UMW canditkwo?'
pcssibie with an urgWICY
h, e rticn
resoomm. pian or an
pian?
11. Pqwketiom will tt" prcpcoal alter the location,,
rate
/
distribution, density, or growth
iatian of an area? —....—
human p
asci affect existing
12. Haling- Wiil the demand for additional hauling? AMM-
--
ing, or create
Tme ian/cu k1tkxu Will the PrCPWOl
13.
result in:
C of �tantial addi�tid�ai
a
vehicular. movement?b. .
Effects on existing parking fociliiies, ar
demand for new parking?
Substantiai irrV<=t upon =isting transpor-
C.
tation systems?
Alterations to preset Pc"erro of ci o s
d. Al /or 9o�?
of peep le an
tion or movement
X
e. Alterations to waterborne, rail or air
�- --
traffic?
Increase in traffic hazcrds to =for
f • ----
--�
vehicies, bicyclists or P edestrian.s
14' Pub1 �•c Services- Will the propaaa! have an
in a need for new or
or result
effect upon, of the
gaverru-+ental services in any
altered
following ares
—_
a. Fire protection?
—"--
b. police protection?
G 5choo is?
d. Parks or other recreational focilities?
e. tMinterxr= of public facilities, including
roads?
f. Other governmental services?
I& FJ1erw. Will the proposol result ins
a. Use of substantiol amounts of fuel or energy?
b. Substantial increax in demand upon exist-
ing wurc= of energy, or require the
development of new sources of energy?
16. Utilities. Will the propcsol result in a need
for new systems, oc substantial alterations to
the following utilities:
a. Power or natural gas?
b. Commun icaticns srs?ems?
Ce Water?
CL Sewer or septic tames? .
e.- Storm water d=amage?
f. Solid wasft and dipcsol?
17. Health. Will the proposal tsuIt in:
a. Creation of any health hazard or potential
health h=erd (excluding mental health)?
b. i:mww re of perp le to potential health
hazards?
18. Aesthetics. Will the preopcsW result in the
obstruction of any scenic vista or view open to
the public, or will the praposai result in the
creation of an aesthetically offensive site open
to public view?
19. Rerseaticm Will the prroposel result in an
impae? upon the quality or quantity of exiting
recrcationai opportunities?
20. Culttmol Re gou":m
a. Will the pi result in the aileraticn
of or the destruction of a prehistoric or
historic erc}noeological site?
yes Maybe 1'�
Yes Maybe- No
b. Will the prqpai result in odverse physical
or pathetic effects to a prehistoric or
historic bui ldng, or object?
C. Dom the prtoasal have the potential to
cue a physicai change which would affect
unique ethnic CuitUrci values?
d. W111 the pr c l rest, existing reiigimn
or steed uses within the potential impact
area?
2 f . Fiwx ir+gs of S'gnificaece.
a. Does the pr ;eat have the potential to
degrode the Wality of the a nvirvnrnent, -
substanticlly reduces the habitat of a fish
or wildlife saecies, cause a fish or wiid-
li f e population to drop below 301f Sus-.
twining leyeis, threaten to eliminate a
• plant or animal comrrKunity, reduce the
number or restrict the rage of a rare or
endm�gered plant or animal or eliminate
important a xMMles of the major periods
of Catifornic history or prehistory?
b. Does the. pro jest' have the Pot rs "a' to
achieve shay's -term, to the disodwntoge of
long -tom, �viranmentai goals? (A short-
term imocc' on the environment is one
which o=rs in a relatively brief, definitive
period of time while long -terry+ impacts
will endure well into the future. -
c. Dae, the project have impacts which are
individually limited, but cumulatively con-
siderable? (A project may i rrpoct on two
or more separate resources where the impaet
on each teqeurce is relatively small, but
where the effect of the total of thox x
impacts on the environment is significant.)
d. Does ttw project have environmental effects
which will cause substantia! adverse effects
on human beings, either direcIty or indirectly?
111. Di=mion of Eri1clonall Evcivation
No buc 1d'V19s wall b -P, t4CC+Cd. i=cu.r wI
_e-m.ove-d : l filar boy kL5k 1 Pint, JS' 1116A Z coli +reej 15-1
lY. esm,nat�an �
(To be completed by 'tie Lead Agency) _ ~ .
ht�r.
� �t'/�.e -yam, �-ti ,�✓`�L---
I'/I
• On the bags of this in't'ol evoivativru
project COULD NOT have o significcot effect I!�
1 find that the proposed a °�OArnE OECLARA11ON will be p�cred-
. � the ertviro�s _
the proposed project eau id - have o significant effect
1 find that oltha there will not be a significant effect in this cage
an the environrrxYit, ed sheet have
e=,. tfie mitigation R+=A �ATIIVEE CE=RATION WILL BE PREPARED.
been added to the pco�ec't.
1
find the. proposed pro!ee MAY haw a silg'�ificcmt effae on qua'^"
mant, and on e.4ViRONMe`ITAI_ IMPACT Rr , u r
MICHAEL M. RUANE
DIRECTOR, EMA
KEN R. SMITH
V TY O F DIRECTOR OF TRANSPORTATION
LOCATION:
901 CIVIC CENTER DRIVE
RANG E SANTA ANA, CALIFORNIA
MAILING ADDRESS:
P.O. BOX 4048
ENVIRONMENTAL MANAGEMENT AGENCY SANTA ANA, CA 92702-4048
TRANSPORTATION TELEPHONE:
(714) 834-3455
FAX # 834-5965
OCT 2 7 1992
Mr. Robert Ledendecker
City Engineer
City of Tustin
300 Centennial Way
Tustin, CA 92680
FILE
Subject: Time extension for Yorba Street, AHFP 1293 & 1294
Dear Mr. Ledendecker:
LS lJ l5 � �J
OCT 2 81992
TUSTIN PUBLIC WORKS DEPT.
Reference is made to your October 21, 1992 request for a six month
extension of time to complete right-of-way acquisition and award a
construction contract. These extensions of time were requested due to
extenuating circumstances that have delayed the City from acquiring the
t g
needed right-of-way.
The County has reviewed this request and concurs. Since a four month
extension was previously granted, your existing allocation will be capped
at $94,000 for AHFP 1293 b $58,000 for AHFP 1294. No future increase in
allocation will be granted. We hereby grant an extension until April 30,
1993 to complete right-of-way acquisition and award a construction
contract.
If you have any questions please call Tom McCabe at 834-3561 or Denis
Bilodeau at 834-3604.
my y
rs,
Roger H hnbaum, Manager
Road Programs
DRB: db
2042308265942