HomeMy WebLinkAboutCC 6 ACQUIS REAL PROP 09-20-93CONSENT CALENDAR NO. 6
9-20"93
TO: WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
FROM:
ADOPTION OF RESOLUTION NO. 93-106: CERTIFICATION OF NEGATIVE
SUBJECT: DECLARATION FOR ACQUISITION OF REAL PROPERTY (ASSESSOR' S
PARCEL NOS. 393-181-11 AND 393-181-12/NEHER PROPERTY)
RECOMMENDATION
It is recommended that the City Council certify the Negative
Declaration prepared for the acquisition of the property pursuant
to California Environmental Quality Act (CEQA) guideline, and City
Environmental Impact Report (EIR) requirements, with the adoption
of Resolution No. 93-106.
BACKGROUlqD
The subject parcel of land is located at 13331 Foothill Boulevard,
Santa Ana, California, adjacent to the Rawlings Reservoir. The
purpose of the acquisition is for the repair and maintenance of the
existing reservoir and for possible future expansion. The subject
parcel of land is identified as County Assessor's Parcel No. 393-
181-11 and 393-181-12 and is owned by Harold J. Neher.
The agreement to purchase the property has been prepared and
approved; however, the final purchase of the property is contingent
upon the completion of the enVironmental review'
DISCUSSION
The purpose of this acquisition is to provide adequate land area
for the immediate repair and maintenance of the existing Rawlings
Reservoir located immediately adjacent to and northerly of the
subject parcels. There are tentative plans to expand the existing
facility sometime in the future. At the time that the expansion
project is scheduled and designed the necessary environmental
review will be completed.
An Initial Study for the acquisition of the property has been
completed and it has been determined that this acquisition project
qualifies as a Negative Declaration per CEQA and EIR guidelines.
A copy of the Initial Study and Negative Declaration is attached
for the City Council's information. Resolution 93-106 approves the
Negative Declaration for the acquisition for said property and
finds it to be in conformance with both CEQA and City EIR
guidelines.
CONCLUSION
As stated above, final purchase of the property is contingent upon
the completion of the environmental review. Adoption of Resolution
93-106 certifying the Negative Declaration will constitute said
completion.
~R~-~b e r t~~S. ~eL e d~e~~d ~
Director of Public Works/
City Engineer
~a~ie Pitcher
Administrative Assistant II
RSL :KP: kl.b:neher'
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RESOLUTION NO. 93-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS
ADEQUATE FOR THE ACQUISITION OF THE NEHER PROPERTY
INCLUDING FINDINGS PURSUANT TO 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; -
ae
Be
The acquisition of property is considered a "project"
pursuant to the terms of the California Environmental
Quality Act.
A Negative Declaration has been prepared for this
project and has been distributed for public review.
Ce
De
Whereby, the City Council of the City of Tustin has
considered evidence presented by the Public Works
.Director/City Engineer and other interested parties with
respect to the subject Negative Declaration.
The City' Council has evaluated the proposed final
.Negative Declaration and determined it to be adequate
and complete.
II. A Final Negative Declaration has been completed in compliance
with CEQA and State guidelines. The City Council, having
final approval authority over the acquisition of the
property, has received and considered the information
contained in the Negative Declaration and found that it
adequately discussed the environmental effects of the
proposed project. The City Council has found that the
project involves no potential for an adverse effect, either
individually or cumulatively, on wildlife resources and make
a De Minimis Impact Finding related to AB3158, Chapter 1206,
Statutes of 1990. On the basis of the Initial Study and
comments received during the public review process, the City
Council has found that no significant environmental effects
would occur as a result of this project. Therefore, the
Final Negative Declaration for this project is approved as
this document is found to be in conformance with CEQA and
City EIR guidelines.
PASSED AND ADOPTED at a regular meeting of the City Council
held on the 20th day of September, 1993.
Jim Potts, Mayor
City Clerk
~EGATIVE DECLARATION
_
Project Title: Neher Property Acquisition
Project Location: 13331 Foothill Boulevard
Santa Ana, California
Project Description: Acquisition of Land
Project Proponent: City of Tustin Public Works'Department
Contact Person: Robert S. Ledendecker
Telephone: (714) 573-3150
The Public Works 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:
(X) That there is no substantial evidence that the project
may have a significant effect on the environment.
( ) That potential significant affects were identified, but
revisions will be 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 Public Works 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 the Negative
Declaration.
REVIEW PERIOD ENDS 4:00 P.M. ON SEPTEMBER 20, 1993.
DATED:
Robert S. Ledendecker
Director of Public Works/citY Engineer
II.
.
CITY OF TUSTIN
Community Development Department
ENVIRO_NMENTAL INITIAL STUDY FORM
Background
Name of Proponent
2~
Cit~~stin - Public Works De artment
Address and Phone NUmber of Proponent
Tustin, CA 92680 (714) 544-8890
3. Date of Checklist Submitted ~
4. Agency Requiring CheCklist city of Tust~- _ - . '~
...... ~ - uommunit Development Dept.
Name of Proposal, if applicable ~uisition
Environmental Impacts
.5.
(EXplanations of all
attached sheets. )
"yes', and "maybe,, answers are required on
.
Earth. Will the proposal result in:
a. .~nstable ear~.h conditions or ' ·
changes in geologic s,,~-~ .... mn _
b. Disruptions, displacements, compaction
or overcovering of the soil?
c. Change in topography or ground surface
relief features?
d. The destruction, covering or
modification of any unique geologic
or physical 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 changes in siltation,
deposition or erosion which may modify
the channel of a river or stream or the
bed of the ocean or any ban, inlet or
lake?
~ ~ N_mo
X
--__ x
X
---- ___ x
2~
g$
a~
be
c~
Water.
ae
Ce
Exposure of people or property to
geologic hazards such as earthquakes,
landslides, mudslides, ground failure,
or similar hazards?
de
ee
g.
ho
Will the proposal result in:
·
Substantial-air emission or
deterioration of ambient air quality?
The creation of objectionable odors?
Alteration of air movement, moisture,
or temperatures, or'any change in
climate, either locally or regionally~.
Will the proposal result in:
--__ x
Changes in currents, or the course
of direction of water movements,
in'either marine or fresh water?
Changes in absorption rates,
drainage patterns, or the rate and
amount of surface runoff?
Alterations to the-course or flow
of flood waters?
Change in the amount of surface
water in any water body?
Discharge into surface waters,
or in any alteration of surface water
quality, including but not limited
to temperature, dissolved oxygen o~
turbidity?
X
X
x
Alteration of the direction or rate
of flow of ground waters?
Change in the quantity of ground
waters, either through direct additions
or withdrawals, or through interception
of an aquifer by cuts or excavations?
Substantial reduction in the amount of
water otherwise available for public
water supplies?
x
X
X
X
~
e
i. Exposure of people or property to
water related hazards such as flooding
or tidal waves?
Plant Life. Will.the proposal result in:
a.
C.
· · .
Change in the diversity of species, or
number of any species' of plants (inCluding
trees, shrubs, grass ' crops, and aquatic
'plants) ? '
Reduction of the numbers of any unique,
rare or endangered species of plants?
~ntroduction of new species of plants
Into an area,.or in a barrier to the
normal replenishment of ex{~e{--
species?
de
Reduction in acreage of any
agricultural crop?
Animal Life. Will the proposaI result in:
a. Change in the diversity of species, or
numbers of any speCies of animals (birds,
land ~nimals including reptiles, fish and
shellfish, benthic organisms or insects)?
b. Reduction of the numbers of any unique,
rare or endangered species of animals?
c. Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals~
d. Deterioration to existing fish or
wildlife habitat?
~oise. Will the proposal result in':
a. Increases in existing noise levels?
b. Exposure of people to severe noise
levels?
Light and Glare. Will the proposal produce
new light or glare?
X
X
----_ X
X
X
X
X
X
X
9~
Land Use. Will the proposal result in
a substantial alteration of the present
or planned land use of an area?
Natural Resources. 'Will the'proposal
result in:
Y e___~s M a_~y~9 N_~o
----- ---- X
10.
ae
a. Increase ~n'the rate of use of any
natural resources?
b. Substantial depletion of any
nonrenewable natural resource?
Risk of Upset. Will the'proposal involve:
A risk of an explosion or the release'
of hazardous substances (including, but
not limited to, oil, pesticides, chemicals
or radiation) in the event of an accident
or upset conditions? ·
·
b. Possible interference with an
emergency response plan or an
emergency evacuation plan?
·
11. 'Population' 'Wi%l the proposal alte~
an area~~= u~ =ne human population of
X
X
X
X
12.
13.
Housing. Will the proposal affect
existing housing, or create a demand
for additional housing?
Transportation/Circulation. Will the
proposal result in:
ae
be
ce
de
Generation of substantial additional
vehicular movement?
Effects on existing parking facilities,
or demand for new parking?
Substantial impact upon existing
transportation systems?
Alterations to present patterns of
circulation or movement of people
and/or goods?
X
X
x
X
x
_x
14.
15.
t6.
ee
Alterations to .
air traffic? waterborne, rail or
f' Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
Public Services. Will the proposal have
an effect upon', or result in a need for new
or altered governmental services in any of
the following areas:
ae
Fire protection?
Police protection?
Schools?
d. Parks or other recreational facilities?
e. Maintenance of public facilities,
including roads?
f- Other governmental services?
Energy. Will the proposal result in:
a. Use of substantial-amounts of fuel or
energy?
b.
Substantial increase in demand upon
existing sources of energy, or require
the development of new sources of
energy? .
Ye___~s Ma~
X
---- ---- X
Utilities.
need for new systems, or substantial
alterations to the following Utilities:
a. Pouer or natural gas?
be
Will the proposal result in a
Communications systems?
c. ' Water?
----- -___ x
d.
ee
Sewer or septic tanks?
Storm water drainage?
Solid waste and disposal?
17. Human Health. Will the proposal
result in:
a. creation of any health hazard or
potential health hazard (excluding..
mental health) ?
·
.
b. Exposure hr'people to potential
health hazards?
18. Solid Waste. Will the proposal create
additional solid waste requiring disposal
by the City?
19. Aesthetics. Will the proposal result 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?
~ecreation. Will the proposal result in an
Impact upon the quality or quantity of
existing recreational opportunities?
C~/ltural Resources
20.
21.
ae
Will the proposal result in the
alteration of or the destruction of
a prehistoric or historic archaeological
site?
be
Ce
Will the proposal result in adverse
physical or aesthetic effects to a
prehistoric or historic building
~tructure, or object? '
Does the proposal have the potential
to cause a physical change which
would affect unique ethnic cultural
values?
de
Will. the proposal restrict existing
religious or sacred uses within the
potential impact area?
Y e~ ~
X
X
X
X
X
I find that although the proposed project could have
a significant effect on the environment, there will
not be a significant effect in this case because the
mitigation measure described on an attached sheet have
been added to the project A NEGATIVE DECLARATION WILL
BE PREPARED '
I find the proposed project MAY have a significant effect
on the environment, and an ENVIRONMENT~ IMPACT REPORT
is required.
_x
22.
Mandatory Findings of Significance.
a. Does the project have the potential to
degrade the quality of the environment
substantially reduce the habitat of a
fish or wildlife species, cause a'fish or
wildlife population to drop below self
sustaining levels, threaten to eliminate.,--
a plant or animal community, reduce the
number or restrict the range of a rare or
~ndangered plant or animal or eliminate
important examples of the major periods
of California history or prehistory?
b. Does the project have the potential to
· achieve short-term, to the disadvantage of
~?~g-~erm,. environmental qoals9 (A short-
u~rm lmpac~ on the environment is one
which occurs in a 'relatively brie .
Period of time while lo~-_---- · f' ~eflnitive
endure well in~- ~-'~ ~ ~rm impacts will
~u un~ ~u~ure).
c. Does the project have impacts which are ~
individually limited, but cumulatively con-
siderable? (A project may impact on two
or more separate resources where the impact
on each resource is relatively small, but
where the effect of the total of those
impacts on the environment is significant.)
d. Does the project have environmental effects
which will cause substantial adverse effects
on human, beings, either directly or
indirectly?
III. Discussion of Environmental Evaluation
See Attached.
IV. Determination
(To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a
significant effect on the environment, and a
NEGATIVE DECLARATioN will be prepared.
X
X
X
X
SECTION III
Discussion of Environmental Evaluation
Neher Property Acquisition
September , 1993
Project Description Supplement - The proposed project is the
acquisition of a parcel of property located at 13331 Foothill
Boulevard, Santa Aha, California (that certain real property
located in the County of Oranqe and described as Assessors
Parcel Nos. 393-181-11 and 393-181-12}.
The acquisition of the property is necessary for the repair
and maintenance of an existing public facility (Rawlings
Reservoir). Any specific future maintenance and/or repair
activities would be subject to separate environmental review.
Environmental Impacts
1. Earth
Items A throuqh G - "No"
The proposed property acquisition will have no impact on
geologic substructures, soil compaction, change in
topography, soil erosion or exposure of people or
property to any geological hazards, as no grading would
be proposed with the acquisition of property.
If determined to be needed, a soils engineering report
and/or grading plan will be required for the maintenance
and/or repair of the public facility.
Source: Field Verification
2. Air
Items A throuqh C - "No"
The proposed prcperty acquisition will not result in
deterioration of ambient air quality, objectionable
odors, or alterations of air movement, moisture, or
temperatures. As there would be no physical alterations
as a result of tke property acquisition.
Source: SCAQMD Guidelines
3. Water
Items A throuqh - - "No"
The proposed property acquisition will not result in the
following' changes in the course of direction of water
movements, changes in absOrption rates, drainage patterns
or amount of surface runoff; alterations to the flow of
flood waters; discharge into surface water; alteration of
the rate or direc-ion of flow of ground waters; quantity
of ground waters; reduction in the amount of water
available for puh!ic water supplies; and/or exposure to
water related hazards, as there is no land alteration
activity associated with the property acquisition.
Source: Field verification
City of Tustin Public Works Department
Plant Life
I__tems A throuqh D "No"
--
The proposed property acquisition will not result in any
of the following: changes in the diversity of species,
or number of any species of plants, reduction in the
numbers of any unique, rare or end~
plants; introduction _ . ng~red species of
of any new species of plants; and/or
reduction in any acreage of any agricultural crop, as
there is no land alteration activity associated with the
property acquisition.
Revegetation on graded or disturbed areas using drought-
tolerant and native plant materials will be required for
the maintenance and repair of the public facility.
Source: Field verification
5. Animal Life
Items A throu h D - "No"
The proposed property acquisition will not result in any.
of the following: changes in the diversity of species or
number of species of animals; reduction of the numbers of
any unique, rare or endangered species of animals;
introduction of new species of animals; and/or
deterioration to existing fish or wildlife habitat.
Source: Field verification
Noise
~tems A and B - "No"
The proposed property acquisition will not result in
increases in existing noise levels or exposure of people
to severe noise levels, as there will be no noise
activity associated with the property acquisition.
Noise levels associated with the maintenance and/or
repair of the public facility shall not exceed the City'.s
Noise Ordinance requirement
activity, for construction noise
Source: Field verification
Lights and Glare
"No"- The proposed property acquisition will not produce
new light or glare.
Source: Field verification
8. Land Use
~"No" - The proposed property acquisition will not result
in a substantial alteration of the present or planned
land use of the area.
The maintenance and/or repair of the public facility may
affect the existing land uses on the adjacent parcel.
Any changes to land use shall be considered for
consistency with zoning and the General Plan.
Source: City of Tustin General Plan
9. Natural Resources
Items A and B - "No"
The proposed property acquisition will not result in an
increase in the rate of use of any natural resources or
substantial depletion of any nonrenewable natural
resource.
Source: Field verification
10. Risk of Upset
Items A and B - "No"
The proposed property acquisition will not involve a risk
of explosion or release of hazardous substances, nor will
there be possible interference with the City's emergency
response plan or emergency evacuation plan, in the event
of an accident or upset conditions.
Source: Field verification
11. Population
"No" - The proposed property acquisition will not alter
the location, distribution, density or growth rate of the
human population of the area.
Source: Field verification
12. Housing
"No" - The proposed property acquisition will not effect
existing housing or create a demand for additional
housing.
The maintenance and/or repair of the public facility may
affect existing adjacent housing. Any affects on housing
shall be considered for consistency with zoning and the
goals and objectives of the General Plan.
Source: Field verification
13. Transportation/Circulation
Items A throu h F - "No"
The proposed property acquisition will not result in the
following:
vehicular generation of substantial additional
facilities, movement; effects on existing parking
or demands for future parkin · su
impact upon existin tran · g, bstantial
g sportatlon systems; alterations
to present patterns of circulation or movement of people
and/or goods; alterations to waterborne, rail or air
traffic; and/or increase in traffic hazards to motor
vehicles, bicyclists or pedestrians.
Source: Field verification
City of Tustin Public Works Department
14. Public Services
Items A throu h F - "No"
The proposed property acquisition will ~ - ' -.
need for new ,~uu resu in
or altered governmental services, it
Source: Field verification
15. Energy
Items A and B - "No"
__
The proposed property acquisition will not result in use
of substantial amounts of fuel or energy nor a
substantial increase in demand upon existing source of
energy, or require the development of new sources of
energy.
Source: Field verification
~6. Utilities
Items A throu h F - "NO,,
The proposed property acquisition will not result in a
need for new systems or substantial alterations to
existing systems.
Source: Field verification
17. Human Health
Items A and B - "No"
The proposed project expansion will not result in the
creation of any health hazard or potential health hazard,
nor will it result in e×posure of people to potential
health hazards.
Source: Field verification
18. Solid Waste
"No" - The proposed property acquisition will not create.
additional solid waste requiring disposal.
Source: Field verification
City of Tustin Public Works Department
19. Aesthetics
"No" - The proposed property acquisition will not result
in the obstruction of any scenic vista or view open to
the public, nor will it result in the creation of an
aesthetically offensive site open to public view.
Source: Field verification
20. Recreation
"No" - The proposed property acquisition will not result
in an impact upon the quality or quantity o~ existing
recreational opportunities.
Source: Field verification
City of Tustin Community Services Department
21. Cultural Resources
Items A through D - "No"
The proposed property acquisition will not result in any
of the following: alteration or destruction of a
prehistoric or historic archeological site, building,
structure, or object; potential to cause a physical
change which would affect unique ethnic cultural values;
and/or restriction of existing religious or sacred uses
within the potential impact area.
Source: Field verification
22. Mandatory Findings of Significance
Items A through D
The proposed property acquisition will not result in any
significant adverse impacts on the environment.
Source: Field verification
neher