HomeMy WebLinkAboutPH 2 EMINENT DOMAIN 12-07-92PUBLIC HEARING NO. 2
12-7-92
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aTE: DECEMBER 7, 1992 '�10 ST
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 1, 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 1, 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 traffic 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 MPRH 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 1, 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-of-way and eliminate any potential ponded
areas.
It is recommended that the City
resolution of necessity, which is the
eminent domain proceedings. State
fifths (4/5) vote of the City Council
of necessity.
Council adopt the attached
first legal step to initiate
law requires a minimum four
for passage of the resolution
Robert Ledendecker
Director of Public Works/City Engineer
RL:ccg:campbe11
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DATE: DECEKBER 1# 1292 Inter -Com
TO: XONORABLZ MAYOR ANA CITY COUNCILMEMAERH
FROM: CITY ATTORNEY
SUBJECT: YORBA BTREET 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 considerationAw-
JAMT'S
C E, City Attorney
JOR;job:D:120192(1Cr301 jab)
Enclosure
cc: William Huston
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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, TUNREPOR
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 or 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
i
WHEREAS, certain provisions of state law (to wit: Code of
Civil Procedure 6 1240.010 and S 1240.110, Government Code 5:
37350.5 and S 373531 and Streets and Highways Code S 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 I
� pP Y
property owner pursuant to the State Eminent Domain Law (CCP §i
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 tog a Street Widening Project,
The public use, to which a portion of Assessor's Parcel No
P p !
401-521-10 is necessary, is for the widening of an existing;
roadway, to wit, Yorba Street, within the City of Tustin.
Becti4 2 _ Descrintion,.of Property_
The propertyto 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 ands
incorporated herein by reference.
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}
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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
over, along and across
been made to the owner
§7267.2.
acquire a temporary construction easement
the described portion of the property has
of the property pursuant to Government Code;
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
highway, and 17th Street, a major arterial highway, all as
designated and defined in the orange entinty 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 j
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, it 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 f iftyi
(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 tho subject property_
5) A temporary construction easement on the Campbell parcel i
is necessary to accommodate the widening of Ycrba 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) hazardr, and to provide for proper
drainage of surface waters for the street and the adjacent;
properties including the subject property. The Public Works Staffl
1eport prepared for the December 7, 1002, 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 SS 1240.010 and 1240.110 authorize public entities to
acquire any property to be utilized for a public purpose.
Governmant Code S 37350.5 authori2ac a city to acquire any property
necessary to carry out any of its powers and functions and:
Government Code 5 37353 authorizes cities to acquire property)
needed for street purposes. Streets and Highways Code S 40901
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. Expepditure of Funds.
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Resolution No. 92-151
Page 4
The City Manager is hereby authorized to expend funds:
available to the City for the acquisition of a temporary:
construction easement of the real property described herein.
Section 7. Enyiromentotl Documentation
The California Environmental Quality Act has been fully i
complied with and the City of Tustin has prepared a negative
declaration for this project and filed a notice of determination!
with the County clerk.
_
BeCtzauRepealer.
__� . i
Resolution 92-135 is repealed in its entirety.
PASSED AND ADOPTED, at a regular meeting of the City Council
for the City of Tustin on this day of 1992.{
i
LESLIE ANNE PONTIOUS, Mayor
ATTEST:
i
MARY E. WYNN, City Clerk
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 221 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."
J0:kIb:TEMPEASE
AN 4-01- 521- 10
*Z161N�L R/�rJ PER TR. tJo �6
1215.55 1
LOT - DLJGK
15 �
,¢ No. 3�
M.M. -10
105.x,5 �
120 55'
T,�ryrov,Q�.�y Co�vsr,F'UcTro�
�i9SE/J�IE/YT
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r��r�o.eq.Qy Corr�sr,Q��Tio���s���rYr
Mr. Robert N. Campbell
135 North Yorba Street
Tustin, California 92680
Re: Notice of Eminent Domain Hearing re: Temporary
Construction Easementf135 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 domain on December 7, 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 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 acquisition of the above described
temporary construction easement.
Pursuant to Code of Civil Procedures Section 1245.235 (b) , 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 with 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.
LAW OFFICES OF
ROURKE, WOODRUFF & SPRADMINT
DAVID A. Dc BERRY
A PROFESSIONAL CORPORATION
TELEPHONE (714) 558-7000
CRAIG G. FARRINGTON
SUITE 7000
FACSIMILE (714) 835-7787
SEPH W. FORBATH
i E. JEFFREY
701 SOUTH PARKER STRE=—
JERT W. LUCAS
ORANGE, CALIFORNIA 926=3
CHERYL LYNN
_
RAYEHE MAZAREI
WRITER'S DIRECT DIAL NUMBER
BETTY C. MRGUDICH
THOMAS F. NIXON
JAMES W. PARKER
JAMES G. ROURKE
«...-•-� ^^ `
JOHN R. SHAW
KENNARD R. SMART, JR.
NOVember 23 1992 0 2
ttt
DANIE 1. SPENCE
,
DANIEL K. SPRADLIN
r
? 5
ALAN R WATTS
WAYNE W. WINTHERS
THOMAS L. WOODRUFF
------------
Mr. Robert N. Campbell
135 North Yorba Street
Tustin, California 92680
Re: Notice of Eminent Domain Hearing re: Temporary
Construction Easementf135 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 domain on December 7, 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 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 acquisition of the above described
temporary construction easement.
Pursuant to Code of Civil Procedures Section 1245.235 (b) , 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 with 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,
ROURK, WOODRUFF & SPRADLIN
19
JOHN R. SHAW
J RS: pm: D:11 /23/92: (H571)
cc: Mr. William A. Huston
Mr. Robert S. Ledendecker
Mr. Gerald Otteson
James G. Rourke, Esq.
NEGACIVE DECLARAT,JN
CITY OF TUSTIN
300 CENTENNIAL WAY, TUSTIN, CA. 92680
Project Title: YORBA STREET WIDENING Fi le No.
FILED
MAR - 2 1988
Project Location: Yorba Street between First STreet & Irvine Blvd.
Project Description: Widening of remaining port ions of Yorba Street
between First Street and Irvine Blvd., to ultir
Project Proponent: wT d l
City of Tustin
Contact Person: Ron Wol ford Telephone: 544_8890 Ext. 28
The Community Development Department has conducted an initial study for the
above project in accordance with the City of Tustin's procedures regarding
implementation of the California Environmental Quality Act, and. on the basis of
that study hereby find:
That there is no substantial evidence that the project may have a
significant effect on the environment.
aThat potential significant affects were identified, but revisions have
been included in the project plans and agreed to by the applicant that
would avoid or mitigate the affects to a point where clearly no
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 notice of a
Negative Declaration and extends for seven calendar days. Upon review by
the Community .Development Di rector, this review period may be extended if
deemed necessary.
REVIEW PERIOD ENDS 4:30 p.m. on
DATED:
Pe
LSV
J .
Commu ty Development Director
PASTED
MSR 2 1988
VARY L.
gy �EPUTY
ate
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1
CITY OF TUSTIN
Community Development Department
ENVIRONMENTAL INITIAL STUDY FORM
godogrcund
1. Marne of Propa�ent
2. Address and Phone Number of PToQone 7t — 9,? I D •Y 2-
3
3 00- (f PNL/ emnra. til AV
TjS-1-1Y1 r'.4 9z�8o
3. Date of Chedclist Submittrustln- de -y 2e4pet
ed
k Agency Requiring Chedcilst iiL o
Name oapplicable
--t:&
PTgtm=i, if applica
fi ':r:rvinv -(� rlo f f 4
F�riroe�rri d�■r+Pi� 1Rt�pia��s ' �° t'''`"'f"or p ( a'+% trvt 1fi% . -.
(Explavwtions of ail "Yes" and "r�rxiybe�' answers =e required on attaci�ed sfieeta.)
Yes
I . a rft
Win the Propcm result iru
a.
lanstabie earth conditions or in dian9es
in geologic res? ----
--
b.
pisvptiorn, divicaements, covMCCtion
or vver+ccvering of the soil?C.
ii !�F,�roly Cr g!-oum -surface
relief features?
-
d.
The destruction, covering or modification
of any, unique geologic or physicai features?
e.
Any increase in wind or water - erosion of
soils either on or off the site?
=
f.
Changes in deposition or erosion of beach
sands, or ct' onges in siltation, deposition or
erosion which may modify the channel of a
river or stream or the bed of the octan or
any bay, in let of lcke?--
SeVert P"C-Q-15 to be, ctC alnej
A
YOM- Maybe No
g.
Exposure of peoPle or property to goo"
gic hazards . s x:h as earthquakes, landslides,
nxudsiides, ground failure, or similar hazards?
2. Air.
Will the propasoi result im
a.
Substantial air emissions or deterioration
of ambient air quality?'
b.
The creation of objectionable odors?
c.
Alteration of air movement, moisture, or
temperature, or any change in climate,
either locally or regionally?
3. Water.
Will the P result ins
a.
Changes in currents, or the course of di-
rwticn of water movernents, in either
marine or f!'e311 waters?
b.
Changes in absorption rates, drainage pat-
terns, or the rate and amount of surfaces
c.
Alterations to the courm or flow of flood
waters? - --
d.
Mange in the arvaunt of surfaces water in
my water body?
---
e.
06charge into surfaces waters, or in any
alteration of surfaces water quality, in-
cluding but nat limited to tenVeraturz,
dissolved oxygen or turbidity?
._
f.
Alteration of the direction or rate of flow
of ground waters?
--
g.
Change in the quantity of ground waters,
either through direct additions or with-
drawvis, or through intererption of an
aquifer by cuts or exccr4atiens?
h.
5ubstantiai reduction in the orTmount of
water otherwise available fer public water
Supp lies? --
-----
i.
Exposure of pewie or property to water re-
lated hazards such as f ioodirig or tidal wages?
YeS No
4.
Plant Life. Will the propoxi result in:
a. Change in the diversity of species, or
number of aw species of plants (including
trees, shrubs, gross, crops, and aquatic
p lantsr.
---
b.. Reduction of the numbers of any un ique,
`
rare or endangered species of plants?
c. Introduction of new species of plants into
an area, or in a barrier to the normal
"
replenishment of existing species?
d. Reduction in acreage of any agricultural
crop?
5.
Aramai Life. Will the proposci result ins
a. Change in the diversity of species, or
numbers of arty species of animais (birds,
land animals including reptiles, fish and
shellfish, benthic organisms. or insects?
-
b. Reduction of the numbers of any unique,
rars or endangered species of animals?
c. Introduction of new. species of aninais into
an area; or result in a barrier to the
�(
migration or movement of animais?
d. Deterioration to existing fish or wildlife
habitat?
-
6.
Nome. Will the proposal result ins
a tnereases in existing raise levels?
b. Exposure of people to severe noise levels?
7.
Light awl Cam- Will the proposai produce
new light or glare?
8.
Land Use. Will the proposal result in a sub-
stantial alteration of the present or planned
land use o f an area?
• 9.
Nahxc i Resource. Will the prcposai result in:
a. Increase in the rate of use of any natural
resourczs?
Yes Maybe No
b. Substantial depletion of arty nonrenewable
natural resource?
--
10. Risk of L)p ems. *Will the proposvf involves
a. mion or the reieue
risk of an
o � arxes (inciuWng, but not
of
-
I invited ta, Oil, pesticides, chemicals or
radiation) in the event of an accident or
upset conditions?.
---.. --
b. Pa amble 'tesfaence with an emelgeSOCY
response- plan or an errmargerocy, evacuation
plan?
11. Populatian. Will the pcaposal alter the location,
distributicn, density, or growth rete of the
human population of an ares?
12. Haling. Will the proposal affect existing hous-
ing, or create a demand for additional housing?
__ -_
13. T ion/Cuwlatian. Will the proposai
result in:
a. Generation of substantial additional
vehicular . movement?--
b. Effects on existing parking facilities, or
demand for new parking?
c. Substantial irrpaet upon existing transpor-
tation systems?
d. Alterations to present potters of circula-
tion or movement of people and/or goods?
e. Alterations to waterborne, rail or air
X
traffic?
--- -----
f. Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
/-�
14. Publ ie Serviw. Will the proposal have an
effect Lpcn, or resu I t in a need for new or
altered govemrnental services in arty of the
following arena
-- ---
X
a. Fire protection?
r.
b. Po I ice protection?
c. SCh0013?
Yes
No
d. Panics or other recreational facilities?
e. Maintenance of public facilities, including
roads?
f. Other governmental serviCess? ._
15.
Eroww.. Will the proposal result in:
a. Ura of substantial amounts of fuel or energy?
b. Substantial, increax in denxand upon exist-
ing sources of energy, or require the
development of new sources of energy?
t 6.
LItiitties. Will the propowl result in a need
for new systems, or substantial alterations to
the following uti litiess _
a. Pawer or natural gas?
b. Cenmmun k aticM syst+erns?-
c. Water? —.--- ----
_._
d. Sewer or septic tanks?
--
e:, Storm water drainage?
f. Solid waste and disposal?
17.
Human Health. Will the proposal result in:
a. Creation of any health hazard or potential
health hazard (excluding mentoI health)?
b. Exposure of people to potential, health
hazards?
I&
Aesthetics. Will the proposal remit in the
obstruction of any scenic vista or view open to
the public, or will the proposal result in the
creation of an aesthetically offensive site open
_
to public view?---
19.
Recreation. Will the proposal result in an
._
impact upon the quality . or quantity of existing
recreertional opportunities?
20.
Cultural Resources
a. Will the pr remit in the alteration
of or the destruction of a prehistoric or
historic arcfiaeological site?
111. Dl=micn of Environmental E-mivation
No buy ld lags UJO bq. 4. -We -r -+ed. Four I
�,rri, o Veal ,` I cedar 6 h LS h ! Pine- J S' ;146h
IV. C*terrnlnatlon the Lead Agency) PZ G I �n +ree r/ 5-9-.30
(To be conV feted by gency - h .
v � y
=LT ,n
l 7
� � �,, � L�
Yes maybe
No
b.
Will the pr xzW result in adverse ptrysiaal
or ars!hetic effects to a prehistoric or
L
histaric building, structure, or objet? --
c.
Does the prw sal have the potential to
cause a physical change which would affect
unique ethnic cultural values?
d.
Will the pra;Wsol restrict existing rel igias
or sacred uses within the potential knPect :
area(?
21. Mandulary F`indirys of SiOficance.
a.
Does the proiect hove the potential to
degrade the quoiity of the environment,
substantially reduce the habitat of a fish
or wildlife species, cause a fists or wild-
life papulation to drop below self sur .
taining levels, threaten to eliminate a
-
punt or animal carnrwnity, reduce the
number or restrict the rQrge of a rare or
endargered plQtt or animal or eliminate
important examples of the major periods
of California history or prehistory? ._.
b.
Ones the. Project' have the potential to
achieve shay' -term, to the disadvantage of
tong -term, enviranmental gcais? (A short- .
term imoaet on the environment is one
which c ' rs in a relatively brief, definitive
period of time while long -terry impacts
will endure well into the futures
C.
Does the pro jest have impacts which are
individually imited, but cumulatively con-
siderable? (A project may i rrpect on two
or more separate resourczs where the impact
on each resource is relatively smail, but
where the effect of the total of those
impacts on the environment is significant.)
d.
Dees the project have environmental effects
which will cause substantial adverse effects
on humcn beings, either directly or indirectly? e
111. Dl=micn of Environmental E-mivation
No buy ld lags UJO bq. 4. -We -r -+ed. Four I
�,rri, o Veal ,` I cedar 6 h LS h ! Pine- J S' ;146h
IV. C*terrnlnatlon the Lead Agency) PZ G I �n +ree r/ 5-9-.30
(To be conV feted by gency - h .
v � y
=LT ,n
l 7
� � �,, � L�
- On the basis of this initial evaivaticns
I find th4t ttx
ro eG't COULC) NOT have a significant effect
E O
P mid c NECATiVE�1eop
AON will be prered.
cn the envirwvTv2nt;
I find thQt althaigis the prqpased project cauid- have a signifieaonf effect --
an the envir«Yrwnt,
there will not be a *nifx t effect in this case �--;
because the mitigation meawfw bed om an Wa A � sheet have
ha RgsAR>�.
been added to the project. A NEMA
1 find the_ prWasad project MAY have 4 significant effect an the enviran- =�
meet, and an ANVIRONMe4TAL IMPACT REPORT is required.
a
N TY O F
FRANGi=
ENVIRONMENTAL MANAGEMENT AGENCY
TRANSPORTATION
OCT 2 7 1992
Mr. Robert Ledendecker
City Engineer
City of Tustin
300 Centennial Way
Tustin, CA 92680
MICHAEL M. RUANE
DIRECTOR, EMA
KEN R. SMITH
DIRECTOR OF TRANSPORTATION
FILE
Subject: Time extension for Yorba Street, AHFP 1293 & 1294
Dear Mr. Ledendecker:
LOCATION:
901 CIVIC CENTER DRIVE
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 92702-4048
TELEPHONE:
(714) 834-3455
FAX # 834-5965
0 %T 2 81992
t USTIN 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
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 & $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 yrs,
Roger H hnbaum, Manager
Road Programs
DRB: db
2042308265942