HomeMy WebLinkAbout20 DESIGN REVIEW 06-08 RAWLINGS RESERVOIR 04-17-06AGENDA REPORT
MEETING DATE: APRIL 17,2006
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: DESIGN REVIEW 06-008, RAWLINGS RESERVOIR REPLACEMENT
SUMMARY
Design Review 06-008 is a City of Tustin Water project that involves the demolition of the
existing 3.82 million gallon Rawlings Reservoir at 13331 Foothill Boulevard and the
construction of two new 3.0 million gallon concrete domestic water tanks within the
same site. Also proposed is an off-site storm drain connection within the existing right-
of-way adjacent to the site. The proposed project would provide vital system-wide
operational, fire suppression, and emergency storage for the Tustin Water Service Area.
RECOMMENDATION:
That the City Council adopt:
1. Resolution No. 06-49 approving the Final Mitigated Negative Declaration as
adequate for Design Review 06-008 for the Rawlings Reservoir Replacement
project and adopting a Mitigation Monitoring and Reporting Program; and
2. Resolution No. 06-50 approving Design Review 06-008 to demolish the existing
3.82 million gallon Rawlings Reservoir at 13331 Foothill Boulevard and construct
two new 3.0 million gallon partially-buried concrete domestic water tanks within
the same site.
FISCAL IMPACT:
Design Review 06-008 is a City-initiated project. Funds in the amount of $1,236,666 are
currently budgeted for the final design of the project in Fiscal Year 2005-06. Construction
funding, which has yet to be secured for the project, is expected to consist of bonds in the
amount of approximately $16,000,000.
ENVIRONMENTAL:
A Mitigated Negative Declaration and Mitigation Monitoring and Report Program have
been prepared in conformance with the California Environmental Quality Act (CEQA) and
are attached as Exhibits A and B of Resolution 06-49 (Attachment C).
Design Review 06-008
April 17, 2006
Page 2
BACKGROUND:
The project site encompasses approximately 1.7 acres and is located at 13331 Foothill
Boulevard approximately 1,000 feet northwest of Newport Avenue. The project site is an
incorporated island within the City of Tustin surrounded by unincorporated areas of
Orange County (Attachment A - Location Map).
The project site is bounded by Foothill Boulevard and Foothill High School to the south, an
unnamed private road and single family residences to the east, a vacant lot to the west,
and a single family residence to the north.
The site has General Plan Land Use Designations of Low Density Residential and
Public/Institutional. The proposed project would be designated as a Public/Institutional
use and therefore would not conflict with the Tustin General Plan, zoning ordinance, other
policies, or regulations applicable to the area.
The existing reservoir on the site consists of a rectangular 3.82 MG trapezoidal bottom
structure in the northern portion of the site. The reservoir is partially buried and has been
cut into the natural, southeast-facing hillside. The existing reservoir was constructed in
1971 and has concrete-block perimeter walls and a wood-framed roof. A concrete-block
retaining wall is located along the northern property boundary at the toe of an ascending
off-site slope. There are an existing residence and pool upslope from the reservoir. This
retaining wall has a reinforced concrete foundation structurally integrated with the parallel
northerly wall of the reservoir. A concrete wall and chain-link fence form the eastern
project boundary and are adjacent to an unnamed private-access asphalt road. A booster
pump station is located in the southern portion of the project site and is housed in a
concrete structure. An earthen berm descends from the south side of the reservoir down
to the paved driveway and pump station.
The City of Tustin Water Services Division supplies domestic water and maintains water
wells, water main lines, service laterals, hydrants, pump stations, pressure reducing
valves, and water storage facilities. The City's water system is divided into three pressure
Zones (1, 2, and 3) and currently provides for 7.83 MG of the total storage from five
existing reservoirs. Before it was taken out of service in late 2004, the Rawlings Reservoir
provided an additional 3.82 MG (approximately one-third) of the storage required for
pressure Zones 1 and 2 to meet operational, fire, and emergency storage needs.
Water storage is a key element of any water distribution system. Reservoirs are
constructed to provide water supply during peak periods of the day for fire protection and
as a backup for emergency conditions. "Operational storage" is the storage volume
required to supply peak system demands above the maximum day demand. "Fire
storage" is water needed to provide a rate of flow for a required period of time as identified
by the Fire Marshal for the types of development served by the system. "Emergency
storage" is the water supply needed at times when other sources of supply are out of
service or reduced due to an emergency or repair situation.
Design Review 06-008
April 17, 2006
Page 3
In 1990 an engineering study identified storage and structural deficiencies in the City's
water system reservoirs. Improvement recommendations included increasing the storage
of the Rawlings Reservoir. In 1996, an engineering analysis of the Rawlings Reservoir
identified several structural deficiencies; demolition and replacement of the existing
reservoir was recommended. The City's Public Works DepartmentlWater Services
Division evaluated the water supplies and customer demands, and concluded that shutting
down the reservoir on a short-term basis would not inhibit the City's ability to provide water
to its customers. Back-up water supplies are available from the Vandenberg Well,
Columbus-Tustin Well, and Main Street Facility, each providing approximately 2.0 MG of
emergency supply. In November 2004, the City recommended demolition and
replacement of the Rawlings Reservoir.
As part of the proposed project, the existing Rawlings Reservoir would be replaced at the
same site to increase overall system storage capacity to 13.83 MG. This represents an
increase of 2.0 MG of storage compared to previous conditions and would provide
improved system-wide operational, fire, and emergency storage. It should be noted that
after the operational and fire-flow storage is depleted, back-up water supplies for
emergency purposes are provided from the Vandenberg Well, Columbus-Tustin Well, and
Main Street Facility each providing approximately 2.0 MG of emergency supply.
Additionally, if needed, back-up water supplies are also available via the City's existing
emergency interconnections on a temporary basis from neighboring agencies. The
proposed project would provide additional emergency water storage capacity to off-set the
need to use these back-up water sources.
DISCUSSION:
The Rawlings Reservoir Replacement project involves the following components which
are described below: (1) demolition of the existing reservoir, (2) construction of two new
3 MG water tanks on-site and associated improvements, and (3) construction of off-site
storm drain facilities.
Reservoir Demolition
The proposed project includes demolition of the existing 3.82 MG reservoir. During the
first stage of demolition, the existing reservoir roof, roof-support columns, perimeter side
walls to grade, and the reservoir membrane liner would be removed. Asbestos containing
materials have been identified in the existing roof mastic; floor and wall mastic; and in the
wall fiberboard. These materials would be removed and disposed of in accordance with
applicable procedures established by state and local agencies. In the second phase of
demolition, the remaining portion of the existing reservoir would be removed, including the
perimeter sidewall below grade elevation, the asphalt liner, and the column bases.
Demolition of the existing reservoir is estimated to take approximately two months.
The existing booster pump station located in the southem portion of the site would be shut
down during the demolition and construction phases; however, it would not be removed.
Design Review 06-008
April 17, 2006
Page 4
The City would provide water to the upper pressure zones through its East Orange County
Water District connections.
The reservoir structure to be demolished is approximately 52,000 square feet. Equipment
to be used for demolition activities includes a crane, a scissor-lift, a backhoe/front-end
loader, and a bulldozer. Approximately four dump trucks would be required to haul
demolition materials.
New Reservoir Construction and On-Site Improvements
The existing reservoir would be replaced with two partially buried pre-stressed concrete
domestic water tanks. The preliminary design and cross sections of these tanks is
depicted in Attachment B. The two new 3.0 MG concrete water tanks would be circular
with a floor elevation of 273 feet above mean sea level (amsl), seven feet lower than the
existing reservoir (280 feet amsl). The new tanks would have a water depth of 30 feet; be
142 feet in diameter; and have an elevation of 307 feet amsl, one foot higher than the
existing reservoir. The top of the new tanks would be lower than the existing reservoir's
wooden roof structure.
The new tanks would be located one behind the other; construction of the tanks would be
staggered (north tank and then the south tank). Shoring would be placed and the site
excavated to approximately seven feet below the existing elevation. The north tank would
be buried, with the top three feet aboveground. The area behind this tank would be paved
with asphalt or concrete to provide access for City vehicles for maintenance and inspection
purposes. The steel hoop reinforcement in the concrete sidewall and the tendons from the
base to the sidewall allow the reservoir to flex, if necessary, without failing. The southern
tank would be partially buried, with approximately 26 vertical feet of the tank face exposed
on the southwest-facing side. A graded and landscaped slope would be provided around
the exposed portion of the front tank. New underground water pipelines and valves would
connect the existing booster pump station to each new tank.
The existing masonry block wall for the booster pump station would be extended across
the full front of the site, adjacent to Foothill Boulevard. On the east and west sides of the
project site, new chain-link fencing would be installed to replace the existing chain-link
fence. The access gate on the northeastem end of the site would be enlarged to improve
access to the tanks. An additional gate may be added to provide access from Foothill
Boulevard on the west site of the booster pump station. Concrete sidewalk, curb, and
gutter would be constructed along the project site's Foothill Boulevard frontage.
Landscaping may consist of native and/or omamental plants and would be planted along
the perimeter of the site. The plant material would be selected to provide view screening
of reservoir facilities. The exterior of the exposed portions of the two new concrete
replacement tanks would receive appropriate coloration treatment to further screen and
blend the facilities into and with the proposed landscaping and surrounding area.
Design Review 06-008
April 17, 2006
Page 5
Based on the current project design, 20,000 cubic yards of earthwork would be removed
from the project site during construction, and 40,000 cubic yards would be used following
completion of the reservoir construction for backfill. During reservoir construction the
following equipment would be used: a crane, a scissor-lift, a backhoe/front-end loader, and
a concrete pump. Concrete and delivery truck trips as well as construction-worker
vehicular trips would also occur during construction. It is estimated that there would be 5
truck trips and 12 vehicle trips on an average day.
Off-Site Proiect Features
Runoff from the project site would be collected in new on-site storm drain lines that would
connect to a new storm drain to be installed in Foothill Boulevard. There are two options
under consideration for the storm drain lines within Foothill Boulevard and both options are
addressed in this Initial Study. Option 1 would extend to the west approximately 2,800 feet
to the Orange County Flood Control District's (OCFCD) 63-inch reinforced concrete pipe in
Hewes Street. Option 2 would extend to the east approximately 850 feet to the OCFCD's
6-foot by 6-foot reinforced concrete box along Newport Avenue. For each option, the storm
drain would be installed in the existing public street right-of-way.
Environmental Analysis
A Final Negative Declaration has been prepared for this project (Exhibit A of Resolution
No. 06-49). The attached Initial Study discusses potential impact categories and
appropriate mitigation measures. Any potential impacts can be mitigated to a level of
insignificance and mitigation measures are listed in the Mitigation Monitoring and
Reporting Program. The public comments period for the environmental documents
was from December 22, 2005, to January 20, 2006. The City received five (5) comment
letters from state, regional, and local agencies, and three (3) comment letters from
individuals. Comments were also received from the public at an informational meeting
which was held on January 12, 2006. There was also a presentation on the project
given at the North Tustin Advisory Committee meeting on February 15, 2006.
The City of Tustin, as the lead agency, is not required to prepare formal responses to
comments received on the IS/MND; however, the City of Tustin has elected to prepare
written responses to comments. Each comment letter received is included in Section 2 of
the Responses to Comments document and is immediately followed by the City's
response. Responses to comments made at the January 12, 2006, community meeting
are also provided.
Mitigation Monitoring And Reporting Program
A Mitigation Monitoring and Reporting Program (MMRP) designed to ensure compliance with
mitigation measures that are required to avoid or substantially lessen the significant effects of the
Project identified in the Mitigated Negative Declaration has been prepared to meet the
requirements of Section 21081.6 of the Public Resources Code. The MMRP, which is attached
Design Review 06-008
April 17, 2006
Page 6
as Exhibit B to Resolution No. 06-49 provides a checklist of mitigation measures and
implementation measures (existing regulatory requirements) identified in the Mitigated Negative
Declaration for the Project and which Program is proposed to be adopted if the Project is
approved.
ESTIMATED PROJECT SCHEDULE
Reservoir construction would take approximately 22 months as follows: site excavation
and grading - 2 months; new tank construction - 15 months; site back fill - 1 month;
pipeline construction and other appurtenances - 2 months; site paving - 1 month; and
clean-up/demobilization - 1 month.
Tim Serlet
Public Works Director
Scott Reekstin
Senior Planner
Elizabeth A. Binsack
Community Development Director
Attachments:
A. Location Map
B. Schematic Design Plans
C. City Council Resolution No. 06-49
D. City Council Resolution No. 06-50
S:\Cdd\CCREPORTIRawlings Reservoir Design Review 06-QOa.doc
ATTACHMENT A
Location Map
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Rawlings Reservoir Replacement Project
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ATTACHMENT B
Schematic Design Plans
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ATTACHMENT C
City Council Resolution No. 06-49
RESOLUTION NO. 06-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING THE FINAL MITIGATED
NEGATIVE DECLARATION AS ADEQUATE FOR DESIGN
REVIEW 06-008, AND ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM, AS REQUIRED
BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. That Design Review 06-008 is considered a "Project" pursuant to the terms
of the California Environmental Quality Act;
B. An Initial Study and a Mitigated Negative Declaration have been prepared
for this project and distributed for public review. The Initial Study/Mitigated
Negative Declaration evaluated the implications of the proposed Rawlings
Reservoir Replacement project.
C. Prior to approving of the Project, the City Council evaluated the proposed
Mitigated Negative Declaration and determined that, with incorporation of
the mitigation measures, the project would not have a significant effect on
the environment.
D. That the Mitigated Negative Declaration was advertised for public review for
30 days in compliance with Section 15105 of CEQA.
E. The City Council of the City of Tustin has considered evidence presented
by the Community Development Director and other interested parties
regarding the subject Initial Study/Mitigated Negative Declaration, including
the Responses to Comments, at the April 17, 2006, meeting.
II. A Draft Mitigated Negative Declaration, attached hereto as Exhibit A, has been
completed in compliance with CEQA and State guidelines. The City Council has
received and considered the information contained in the Mitigated Negative
Declaration, including the Responses to Comments, prior to recommending
approval of the proposed Project and finds that it adequately discusses the
environmental effects of the proposed project. On the basis of the initial study and
comments received during the public review process, the City Council finds that
although the proposed project could have impacts, there will not be a significant
effect because mitigation measures identified in the Mitigated Negative Declaration
mitigate any potential significant effects to a point where clearly no significant
effect would occur. In addition, the City Council finds that the project involves no
Resolution No. 06-49
Page 2
potential for any adverse effect, either individually or cumulatively, on wildlife
resources as defined in Section 711.2 of the Fish and Game Code. The City
Council hereby adopts the Final Mitigated Negative Declaration for the purpose of
approving Design Review 06-008, and adopts a Mitigation Monitoring and
Reporting Program, attached hereto as Exhibit B.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the
1ih day of April, 2006.
DOUG DA VERT
MAYOR
PAMELA STOKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 06-49 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 1ih day
of April, 2006, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
EXHIBIT A
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
RESPONSES TO COMMENTS
Response to Comments
Rawlings Reservoir Replacement Project
Initial Study/Mitigated Negative Declaration
SCH No. 2006011002
City ofTustin
Water Service Division
300 Centennial Way
Tustin, California 92780
Contact: Mr. Fred Adjarian
(714) 573-3145
April 6, 2006
Rawlings Ra.arvoir Replacement Project
Responses to Comments
TABLE OF CONTENTS
Section
Paae
1 Introduction ............................................................................................................... 1-1
1.1 Introduction ................ ............................................ .................. ....... ............ ..... 1-1
1.2 Public Notification and Review Process ........................................................... 1-2
2 Responses to Comments ......................................................................................... 2-1
2.1 Responses to Comment Letters Received ....................................................... 2-1
2.2 Response to Comments Received at Public Input Meeting,
January 12, 2006............. .................... ..................... ................... ...................2-16
RIProjects\ lust inIJOO3\RTC-Q40606. doc
Table of Contents
Rawlings Reservoir Replacement Projact
Rasponses to Comments
SECTION 1
INTRODUCTION
1.1 INTRODUCTION
The City of Tustin conducted an Initial Study (IS) for the Rawlings Reservoir Replacement
Project pursuant to the California Environmental Quality Act (CEQA), as amended (Public
Resources Code 921000 et seq.) and in accordance with the State CEOA Guidelines (California
Code of Regulations, Title 14, 915000 et seq.). In summary, the proposed project involves the
demolition of an existing water reservoir and the construction and operation of two new
reservoirs.
Pursuant to Public Resources Code Section 21080(c)(2), the City of Tustin determined that a
Mitigated Negative Declaration (MND) was the appropriate environmental document for the
project. Public Resources Code Section 21091(f) and the CEOA Guidelines Section 15074
require that the lead agency must consider the MND before approving the project. Specifically,
Section 15074(b) states:
"Prior to approving a project, the decision making body of the lead agency shall consider the
proposed negative declaration or mitigated negative declaration together with any
comments received during the public review process. The decision making body shall adopt
the proposed negative declaration or mitigated negative declaration only if it finds on the
basis of the whole record before it (including the initial study and any comments received),
that there is no substantial evidence that the project would have a significant effect on the
environment and that the negative declaration or mitigated negative declaration reflects the
lead agency's independent judgment and analysis.'
Following is a list of the public agencies, organizations, and individuals that submitted
comments on the IS/MND:
STATE AGENCIES
1. California Governor's Office of Planning and Research (February 2, 2006)
2. Department of Toxic Substances Control (January 27, 2006)
3. Department of Transportation, District 12 (January 11, 2006)
REGIONAULOCAL AGENCIES
4. South Coast Air Quality Management District (January 20, 2006)
5. Orange County Fire Authority (January 17, 2006)
INDIVIDUALS
6. Mike Fiorvanti (January 16, 2006)
7. Stephan and Robin Lang, and Earl Karetta (no date)
8. Michael Sultan, Seth Sultan, and Ellen Sultan (January 2, 2006)
R.\Projects\ T ustin\J003\RTC-040606. doc
1-1
Introduction
Rswlings Rsssrvoir Rsp/seeman! Project
Responses to Comments
Comments were also received from the public at an informational community meeting which
was held on January 12, 2006, at Foothill High School.
Per CEQA, the lead agency is not required to prepare formal responses to comments received
on the IS/MND; however, the City of Tustin has elected to prepare written responses to
comments. Each comment letter received is included in Section 2 of this document and is
immediately followed by the City's response. Responses to comments made at the January 12,
2006, community meeting are also provided.
1.2 PUBLIC NOTIFICATION AND REVIEW PROCESS
Section 15072 of the State CEQA Guidelines states:
"(a)A lead agency shall provide a notice of intent to adopt a negative declaration or
mitigated n~gative declaration to the public, responsible agencies, trustee agencies, and
the county clerk of each county within which the proposed project is located, sufficiently
prior to adoption by the lead agency of the negative declaration or mitigated negative
declaration to allow the public and agencies the review period provided under
Section 15105.
(b) The lead agency shall mail a notice of intent to adopt a negative declaration or mitigated
negative declaration to the last known name and address of all organizations and
individuals who have previously requested such notice in writing and shall also give
notice of intent to adopt a negative declaration or mitigated negative declaration by at
least one of the following procedures to allow the public the review period provided
under Section 15105:
(1) Publication at least one time by the lead agency in a newspaper of general
circulation in the area affected by the proposed project. If more than one area is
affected, the notice shall be published in the newspaper of largest circulation from
among the newspapers of general circulation in those areas.
(2) Posting of notice by the lead agency on and off site in the area where the project is
to be located.
(3) Direct mailing to the owners and occupants of contiguous property shown on the
latest equalized assessment roll:
The City of Tustin complied with the requirements to notify agencies and interested individuals
about its intent to adopt an MND for the Rawlings Reservoir Replacement Project. The notice of
intent was distributed on December 22, 2005, to various agencies, organizations, and
individuals including the County of Orange Clerk/Recorder and property owners within 300 feet
of the project site. The notice was also published in the Tustin News on December 22, 2005,
informing all City customers and residents of the greater Tustin area of the availability of the
MND, and the Notice of Intent to adopt an MND was posted on the project site. Although not
required, on December 20, 21, and 22, 2005, City staff contacted residents within a 300-foot
radius of the project by telephone to inform them of the proposed project. Additionally, a letter
was sent to these residents on January 4, 2006, to further inform them of the proposed project
and the scheduled informational community meeting. A copy of the MND was requested by and
distributed to several area residents.
The City of Tustin held an informational community meeting on January 12, 2006, at Foothill
High School regarding the project. The meeting was attended by approximately 13 individuals.
R:\Projects\T ustlnUOO3\RTC-040606_doc
1-2
Introduction
Rawlings Rasarvoir Raplacement Pmjact
Responsas to Comments
Comments on the Initial Study and Notice of Intent to adopt an MND were received through the
State Clearinghouse, Office of Planning and Research, and the City of Tustin from
December 22, 2005, through February 1, 2006 (the end of the review period as noted by the
Office of Planning and Research).
R :IProjects\T ustinUOO3\RTC-04Q606. doc
1-3
Introduction
Rawlings Rassrvoir Raplacemant Projact
Responses to Comments
SECTION 2
RESPONSES TO COMMENTS
2.1 RESPONSES TO COMMENT LETTERS RECEIVED
This section includes responses to substantive comments on the IS/MND received by the City of
Tustin. This section is formatted so that the respective comment letters are followed
immediately by the corresponding responses. The comment number provided in the right
margin of the letters corresponds with the responses provided.
R.IPrOjects\T uslin\JOO3\RTC-Q40606.doc
2-1
Responses to Comments
.
Amold
SeIl.........e.
Oowmor
STATE OF CALIFORNIA
Governor's Office of Planning and Research
State Clearinghouse and Planning Unit
Comment Letter 1
~~
(~ .)
"''''''~
Sean WaI.h'
DiI1clor
Pebruary 2, 2006
RECEIVED
FEB 0 7 2006
COMfttJNITY DEVELOPMENT
Scoll ReekstiIl
City oCTuItin
300 CeaIODDial Way
TustiD, CA 92780
Subject: RawliDp Raervoir Rcpla~ Project
SCH#: 20060t tOO2
Dear ScoIl Reekatin:
The State CJeariDabouse subIDttecI tbe above IWDlld N.plive DecIara1:ioD to IilJected 81* laencies for
review. Oll lIMo "",,100M D<v--t DelaiIa Report pJeue DOtD dull lIMo CIearirJablluae bas Ilsted tbe 81*
0J0DCiea dull reviewed your documeIIt. The review period cloaed on February I, 2006, aDd tbe commeaII
from tile l""II"""'n.g ageucy (iea) it (11'0) eDCIosed. If this co_ pac:kage it IlOt in order, pieue notify
the Stale CleariJlsbouse n.n.....ll....ly. Pieue mm to tile project's ten-diglt Stale CIeatinghouae IIUIIIber in
future _.... ...._~ 80 that "'" rmy respcmd prompdy.
Pleas. oote dull Secti0ll21104(c) oCtile CaliComia Public ReIourceI Code state. that
. A 1OIpOIIIib1e or other public sgeacy obaII ODiy make oubota.mve co_ regardiDa 1hoac:
activities involved in a project wbidlare witbiD au area oC experliae oCtbe "8"""Y or whieb ore 1
mquired to be cmied out or approved by tile "!"""Y. '1l1oae _ shall be supported by
specific documontation."
Tbeoe ....-18 are Corwarded COf use in preparing your fiDaI enviJoDnlenl81 documenL SbouId you need
JIlOl'O iIlformalion or c1arification oCtbe _looed commenlJ, we iecommend that you contact the
""-'"'r ageacy directly.
1bia ~ ackDowJedsea that you bave compliecl with the S_ CIeariD8bouse review toquiIemeDls for draft
enviromneDIII documonto, pursuant to tbe CaIifomja 1!I1viro-w Quality Act P1eue COIItact the State
CleuinJbouae at (916) 445-%13 lfyou bay. auy questions nogardiDa tbe enviroDmeDla1 review process.
Sincerely,
_~ ~.,;z:;-
Terry Robeis
Director, State Clearingbouse
IlDcloaures
cc: Resources ~
1400 TmNTB B't'IlBl' P.O. BOX 3044 SACRAMENTO. OALI1'ORNIA 96312-3044
TEL (919) _13 FAX (916) 823-3013 www.opr........
Document Details Report
State Clearinghouse Data eaa.
SCHt 2OCHI011oo2
ProJeat TItle Rswllnga Rau1voIr ReplacemMl Plojecl
Lnd Agency TU8tln, CIty of
7}'pe Neg NegaBve Declatallon
DncrlptJon Replacement of ltlCIIlIng 3.82 MG .....NOI' tank _two n_ 3.0 MG ll8Ch .....NOI'tanke.
Lead Agency Contact
N8me Sc:otI Raek86n
Agency CIty of TU8tln
""_ (714) 573-3018
e",.u
Addreu 300 Centennial Way
CIty Tustln
Project Location
Counly Orange
CIty Tustln
Ihgfon
Croa ....
Parcel No.
TOlIIIIshlp
Fax
Sla. QA ZIp 92780
FoothIl BoullMlrd , Newport A_ue
393-181.09,10,11,12
"-nfle
SecIIon Bne
Proximity to:
HIgh_va 55
AlIpotfa
Re1lweva
WIIIl.,Mp
Schoo,. FoolhUl High School
lAnd Un GP: Low DeneIly RasldenBallIIld Pubic Inetilutlonal
I'rD}ect Ia....
Retllewlng Resou..... Agency; Deperlment of FIeh and Gama, Region 5: Department of PlII1<s and RecraaUon;
AlI8noln Department of WaIar Reeoun:ea; Call1omla Highway PalIol: Caltnlna, DIatrIcl12: DeparUnenl 01 Health
ServIces: Native American HerItIIge Commtaalon: Regional W8lIIl Quality Conllol Board, Region 3:
SllII8 Water ReaoUrcel Control Board, DMelon of W8lIIl Quality; SllII8 W_ Reeoun:aa ConlJoI
Boerd, DIvfaIon of Wata, Rlghfa; 1nlegra1ed WaaIa Management Board
Dala __ 0110312008
SIIIIt 0' Revl_ 0110312008
End or Review 0210112008
Nota: Blanks In data fields resutt from Insufficient information provided by lead agency.
ITA11Ir.r...,III'W"'", RlfMNMt TRANIPl'HtTAT1tWANDIInI~~
ARNt'IInSCHW"'~ ee...-
DEPARTMENT OF TRANSPORTATION
Dislrict 12
3337 MidIeI_ Drive. Sulte 380
Irvine. CA 92612-8894
RECEIVED
JAN Z 3 2006
c\~o.r
~..I'ol..
e
.
Flu.,...,,...,,
B. to.", rffid<.ul
January II, 2006
STATE ClEARING HOUSE
Mr. Scott Reekstin
City of Tustin
300 Centennial Way
Tustin, CA 92780
File: IGRlCEQA
SCHI: 2006011002
Log #: 1672
SR #: 261
Subject: Mitipted Negative DecJantloa for HawD. Reservoir Kep1Kemeat Project
Dear Mr. Reelcstln.
Thank you for the opportUnity to review. and comment on the Mitipted Neptlve Dedaratloa for
Rawllup R.ervolr KepI", -t Projec:t. The project proposes to replace an existing 3.82 MG
reservoir tank with two new 3.0 MO each reservoir tankB in the City of Tustin, California.
CaIcnms DIItrIet 1% s1aIwIl8 a revtewina apncy on this project and haa no comment
Pleaae continue to keep us infonned of this project and other future developments, which could
potentially impact the transportation facilities. H you have any questions or need to contact us, pleaac do
not hesitate to call Lan Zhou at (949) 756-7827.
Sincen::ly,
UJ
c: Terry Robetts, Office of Planning and Research
Teni Pencovic, Callrans HQ lGRlCommunity Planning
Gale McIntyre, Deputy District Director for Planning and Local Assistance
"Cahrans improwJ mobility across Cali/orni,,"
-_._-~-~- '-..---.-.------ -.-------..-.---.- ------.-- ----
Rawlings RasslVOir Replacement Project
Responses to Comments
Comment Letter 1
California Governor's Office of Planning and Research
February 2. 2006
1. This comment letter acknowledges that the City of Tustin complied with the State
Clearinghouse review required pursuant to CECA.
R :\Projects\TustinIJ003\RTC-040606. doc
2-2
Responses to Comments
e
" I
~&>
----
-:-
Comment Letter 2
Department of Toxic Substances Control
.
Alan C. Lloyd. Ph.D.
Agency Secretary
eaUEPA
5796 Corporate Avenue
Cypress, California 90630
Arnold Schwarzenegger
Gowmor
RECEIVED
JAN 3 0 2086
CCIIIJNITY DEVEWPMer
January 27. 2006
Mr. Scott Reekstin
Senior Planner
City of Tustin
300 Centennial Way
Tustin. California 92780
NOTICE OF COMPLETION OF A MITIGATED NEGATIVE DECLARATION FOR
THE RAWLINGS RESERVOIR REPLACEMENT PROJECT (SCH# 2006011002)
"
Dear Mr. Reekstin:
The Department of Toxic Substances Control (DTSC) has received your submitted
NotiC$ of Completion and Initial Study for a Mitigated Negative Declaration (NO) for
the above-mentioned project. Your document states the Project Description as:
'The proposed project involves the demolition of the existing 4.2 million gallon Rawlings
Reservoir and the construction of two new 3.0 million gallon concnate domestic water
tanks within the same site." Based on the naview of the submitted document DTSC has
comments as follows:
1)
The NO should identify the curnsnt or historic uses at the project site that may }
have nasulted In a naJease of hazardous wastes/substances. 1
The NO should identify the known or potentially contaminated sites within the
proposed Project area. For all identified sites. the NO should evaluate whether
conditlons at the site may pose a threat to human health or the environment.
Following are the databases of some of the regulatory agencies:
National Priorities List (NPL): A list maintained by the United States
Environmental Protection Agency (U.S.EPA).
2
2)
.
. Site Mitlgation Program Property Database (formerly CaISites):
A Database primarily used by the Califomia Department of Toxic Substances
Control.
Printed on Recycled Paper
Mr. Scott Reekstin
January 27,2006
Page 2
. Resource Conservation and Recovery Infonnatlon System (RCRIS): A database
of RCRA facilities that Is maintained by U.S. EPA.
. Comprehensive Environmental Response Compensation and Liability
Information System (CERCLiS): A database of CERCLA sites that is maintained
by U.S.EPA.
.
Solid Waste Information System (SWIS): A database provided by the California
Integrated Waste Management Board which consists of both open as well as
closed and Inactive solid waste disposal facilities and transfer stations.
. Leaking Underground Storage Tanks (LUST) / Spills, Leaks, Investigations and
Cleanups (SLlC): A list that Is maintained by Regional Water Quality Control
Boards.
. Local Counties and CltJes maintain lists for hazardous substances cleanup sites
and leaking underground storage tanks.
. The United States Army Corps of Engineers, 911 Wilshire Boulevard,
Los Angeles, California, 90017, (213) 452-3908, maintains a list of Fonner1y
Used Defense Sites (FUDS).
3)
The NO should identify the mechanism to InltJate any required investigation
and/or ramedlatlon for any site that may be contaminated, and the government
agency to provide appropriate regulatory oversight If hazardous materials or
wastes were stored and used at the site, a Site Assessment could detennine if a
release had occurred. If so, further studies should be carried out to delineate the
nature and extent of the contamination, and the potential threat to public health
and/or the environment should be evaluated. It may be necessary to determine if
an expedited rasponse action is required to reduce existing or potential threats to
public health or the environment. If no Immediate threat exists, the final ramedy
should be Implemented In compliance with state regulations and policies.
4)
All environmental investigations, sampling and/or remediation for the site should
be conducted under a Workplan approved and overseen by a regulatory agency
that has jurisdiction to oversee hazardous substance cleanup. The findings of
any investigations, including Phase I and II investigations should be summarized
in the document. All sampling results in which hazardous substances were found
should be clearly summarized in a table.
2
cont.
3
4
Mr. Scott Reekstin
January 27, 2006
Page 3
5) Proper investigation, sampling and remedial actions overseen by a regulatory }
agency, if necessary, should be conducted at the site prior to the new 5
development or any construction. All closure, certification or remediation
approval reports by these agencies should be included in the NO.
6) If any property adjacent to the project site is contaminated with hazardous
chemicels, and if the proposed project Is within 2,000 feet from a contaminated
site. then the proposed development may fall within the "Border Zone of a 6
Contaminated Property." Appropriate precautions should be taken prior to
construction if the proposed project'is-within a Border Zone Property.
7) Your document states: "Asbestos is present in the reservoir's.. .mastic and
fiberboard. The contractor shall submit an Asbestos Management Progrem..."
If buildings or other structures, asphalt or concrete-paved surface areas are
being planned to be demolished. an investigation should be conducted for the 7
presence of other related hazardous chemicals. lead-besed paints or products,
and mercury. If such materials are identified. proper precautions should be taken
during demolition activities. Additionally, the contaminants should be remediated
in compliance with California environmental regulations and policies.
8) The project construction may require soil excavation and soil filling in certain
areas. Appropriate sampling is required prior to disposal of the excavated soil.
If the soil is contaminated, properly dispose of it rather than placing it in another
location. Land Disposal Restrictions may be applicable to these soils. Also, if 8
the project proposes to import soil to backfill the areas excavated, proper
sampling should be conducted to make sure that the imported soil is free of
contamination.
9) Human health and the environment of sensitive receptors should be protected
during the construction or demolition activities. A study of the site overseen by
the appropriate government agency should be conducted to determine if there 9
are, have been, or will be, any releases of hazardous materials that may pose
a risk to human health or the environment.
10) If it is determined that hazardous wastes are, or will be, generated by the
proposed operations, the wastes must be managed in accordance with the
California Hazardous Waste Control Law (California Health and Safety Code, 10
Division 20, chapter 6.5) and the Hazardous Waste Control Regulations
(California Code of Regulations, Title 22, Division 4.5).
Mr. Scott Reekstin
January 27,2006
Page 4
11) If it is detennined that hazardous wastes are or will be genereted and the wastes
are (a) stored in tanks or containers for more than ninety days, (b) treated onslte.
or (c) disposed of on site. then a permit from DTSC may be required. If so, the
facility should contact DTSC at (714) 484-5423 to Initiate pre application
discussions and determine the permitting process applicable to the facility.
12) If it Is determined that hazardous wastes will be ganerated. the facility should
obtain a United States Environmental Protection Agency Identification Number
by contacting (800) 618-6942.
13) Certain hazardous waste treatment processes may require authorization from
the local Certified Unified Program Agency (CUPA). Information about the
requirement for authorization can be obtained by contacting your local CUPA.
10
cont.
14)
If the project plans include discharging wastewater to storm drein, you may be
required to obtain a wastewater discharge permit from the overseeing Regional
Water Quality Control Board (RWQCB).
}11
}12
15)
If during construction/demolition of the project. the soil and/or groundwater
contamination is suspected, construction/demolition in the area wouid cease
and appropriate health and safety procedures should be implemented.
DTSC provides guidance for cleanup oversight through the Voluntary Cleanup Program
(VCP) for other parties. For additional information on the VCP. please visit DTSC's web
site at www.dtsc.ca.gov.
If you have any questions regarding this letter. please contact Ms. Teresa Hom. Project
Manager. at (714) 484-54n or emall atthom@dtsc.ca.gov.
Sincerely,
h/j(~~e -
Greg Holmes
Unit Chief
Southern California Cleanup Operations Branch - Cypress Office
cc: See next page.
Mr. Scott Reekstin
January 27, 2006
Page 5
cc: Governor's Office of Planning and Research
State Clearinghouse
P.O. Box 3044
Sacramento, California 95812-3044
Mr. Guenther W. MOSkat, Chief
Planning and Environmental Analysis Section
CEQA Tracking Center
Department of Toxic Substances Control
P.O. Box 806
Sacramento, California 95812-0806
CEQA# 1293
Rawlings RasslVOir RaplBCBmant Projact
Responses to Comments
Comment Letter 2
Department of Toxic Substances Control
Greg Holmes, Southern California Cleanup Operations Branch - Cypress Office
January 27,2006
1. The existing environmental setting of the project site is described in Section 2.1 of the
ISIMND. As noted in Section 2.2, Project Background, the project site has been
developed with a water reservoir and associated facilities since 1971. Prior to the
construction of the current reservoir, the site was developed with a private residence.
These uses have not resulted in the release of hazardous waste/substances.
2. Based on a records search conducted by Environmental Data Resources Inc. (EDR),
dated February 3, 2006, and as reported by The EDR Radius Map with GeoCheck, the
project site is identified on the HAZNET database for asbestos-containing waste.
However, despite the presence of asbestos containing material (ACM), no actual release
of ACM has ever occurred at the site and no remedial action has ever been required.
The potential impact from the presence of asbestos-containing materials on site is
analyzed in Section 5.VII of the IS/MND, Hazards and Hazardous Materials and is based
on a comprehensive Asbestos and Lead Survey that was conducted at the site. While
the existing reservoir does have asbestos-containing materials, consistent with
information reported in the EDR report, the removal, transportation and disposal of ACM
during cOnstruction would be conducted in strict compliance with applicable federal,
state and local regulations including, but not limited to, South Coast Air Quality
Management District (SCAQMD) Rule 1403. In addition, the contractor would be
required to submit an Asbestos Management Program to the City's Department of Public
Works prior to issuance of any grading permit in accordance with Mitigation Measure
(MM) 7-1.
3. As discussed in Section 5.VII of the IS/MND, Hazardous and Hazardous Materials. the
only hazardous materials known to occur on site is asbestos-containing materials. In
order to ensure continued protection of human health and the environment of sensitive
receptors, all project-related demolition activities shall comply with Southern California
Air Quality Management District (SCAQMD) Rule 1403-Asbestos Emissions From
Demolition/Renovation Activities. In addition to compliance with Rule 1403, the Asbestos
Abatement Contractor shall comply with applicable regulations set forth by the
Environmental Protection Agency, the Occupational Safety & Health Administration, and
the Department of Health Services.
4. MM 7-1 (page 5-18 of the IS/MND) requires the preparation of an Asbestos
Management Program prior to the issuance of a demolition permit for the existing
reservoir structures. There are no other hazardous substances on site that require
investigation, sampling and/or remediation.
5. The removal of asbestos-containing material on site would be completed prior to
construction or the new reservoirs and would be conducted in accordance with
requirements of the Asbestos Management Program prepared for the project site. Also
refer to response to comment 3 above.
6. Based information presented in The EDR Radius Map with GeoCheck, no contaminated
sites or sites that qualify as "Border Zone Properties" were identified within 2,000 feet of
the project site.
R.IProjects\ T ustinWOO3\RTC-040606_ doc
2.3
Responses to Comments
Rawlings Reservoir Replacement Project
Responses to Comments
7. As noted in Section 5,V1I of the IS/MND, an asbestos and lead survey was conducted for
the proposed project in compliance with all regulatory agency requirements, including
SCAQMD Rule 1403, and included all structures and facilities to be demolished.
Asbestos- containing materials were the only hazardous materials located on site. There
was no presence of materials with lead levels at or above the United States Department
of Housing and Urban Development (HUD) Guidelines. No other hazardous materials or
chemicals were detected.
8. Prior to development of the site with the existing water reservoir, the project site was
developed with a residential use. Based on review of historic photographs, and the
information provided in the EDR records search, it is not anticipated that the on-site soils
have been contaminated. However, the on-site soils would be sampled prior to disposal.
Should contaminated soils be encountered they would be disposed of properly. Soils
used for backfill after the new reservoirs are constructed would also be sampled;
contaminated soils would not be used.
9. Based on investigation of the project site, review of applicable records for hazardous
materials, and historic use of the site as a private residence, there is no evidence that
the project site has been subject to improper handling or release of chemicals or other
hazardous materials. The IS/MND identifies that asbestos-containing materials are
located on site and notes that these materials can become friable if damaged or
disturbed. Removal of these materials would be conducted in accordance with Standard
Condition (SC) 7-1 and MM 7-1 to reduce potential impacts to a level considered less
than significant.
10. As identified in Section 5.VII, item (c) of the IS/MND (page 5-17), the proposed water
reservoir replacement project does not include the construction of any uses that would
involve the use, storage, or transport of hazardous materials resulting in the risk of
release or emission of hazardous materials.
11. As identified in Section 5,V1II, Hydrology and Water Quality, item (f) (page 5-19), the
State Water Resources Control Board (SWRCB) has issued a statewide, general
National Pollutant Discharge Elimination System (NPDES) permit (NPDES No.
CAS000002) for stormwater discharges from construction sites with a disturbance area
of one or more acres, including the project site. This general permit requires that
individual construction sites obtain individual NPDES permits for stormwater discharges
or be covered by the Construction General Permit. Per SC 8-1, a Notice of Intent to
obtain coverage under the Construction General Permit would be filed for the project.
Long-term operation of the proposed water reservoir would not involve any discharge of
wastewater into the stormdrain system.
12. Based on investigation of the project site and review of applicable records, there is no
evidence of soil and/or groundwater contamination on site. However, should such
contamination be suspected, demolition and construction activities would cease and
health and safety measures would be implemented in compliance with applicable local,
state, and federal requirements.
R:\Projects\T ustinIJOO3\RTC.040606. doc
2-4
Responses to Comments
Comment Letter 3
STA.1'1i OF C.......RlRNlA_BUSINF.!ltli 11IANSPORT ATION AND HnlISING AGENCY
ARNOLDSCHW/ltR7.F-NP.C.oCiF.R t".--
DEPARTMENT OF TRANSPORT A nON
Dismet 12
3337 Michelson Drive. Suite 380
Irvine, CA 92612~8894
.
January 11,2006
RECE\'VEO
JM~ , 7299'
~\lIJE\.~~~: IGRlCEQA
SCH#: 2006011002
Log#: 1672
SR #: 261
F/~x yolll' pO'W~'!
lh ,ne", tlid,ntl
Mr. Scott Reekstin
City of Tustin
300 Centennial Way
Tustin, CA 92780
Subject: Mitigated Negative Declaration for Rawlings Reservoir Replacement Project
Dear Mr. Reekstin,
Thank you for the opportunity to review and comment on the Mitigated Negative Declaration for
Rawllnp Reservoir Replacement Project. The project proposes to replace an existing 3.82 MG
reservoir tank with two new 3.0 MG each reservoir tanks in the City of Tustin, California.
Caltrans DIstrlet 12 status Is a reviewing agency on this project and has no comment.
1
Please continue to keep us informed of this project and other future developments, which could
potentially impact the transportation facilities. If you have any questions or need to contact us, please do
not hesitate to call Lan Zhou at (949) 756-7827.
Sincerely,
~
ROBERT F. J SbH
Chief of IGRlCommunity Planning Branch
District 12
c: Terry Roberts, Office of Planning and Research
Terri Pencovic, Caltrans HQ IGRlCommunity Planning
Gale McIntyre, Deputy District Director for Planning and Local Assistance
"Callnuu jmpNJ~1 mobility aauu Clllifvrnia"
Rawlings RaSBNOir RaplBCBmant Preiset
Responses to Comments
Comment Letter 3
Department of Transportation
Robert F. Joseph, Chief of IGRiCommunity Planning Branch, District 12
January 11, 2006
1. This comment acknowledges that the Department of Transportation reviewed the
IS/MND and has no comment. No response is required.
R .\Projecls\Tustin\J003\RTC.Q40606.doe
2-5
Responses to Comments
J~ 20 '06 06:1ilEIPM sa:lQMI) sse 909 396 3324
Comment Letter 4
..J ~~i~u~~kanagement District
rw;;; . 11865 Copley Drive. Dlcnond Bar. CA 91765-4178
l'.1.,__..:.~,,1 (909) 396-2000' www.<<qmd.p
J8DIIIlY 20, 2006
Mr. Scott RoebtiD
CityotTuathl
Ctlft1Jft\llli1yD8velopment DopartmCI1t
300 ~IAl Way
TUllia, CA 92780
M~" Nepliv. DeoIantloD ()JNJ)) tor TIae RawliDp ReterYoir
RtplacllDlDt Project, Tuttn
Dear Mr. ReebtiD:
The SoutJ.1 ~ A,ir Ql!aIity Mar..... DlJtriet .(SCAQMD) appnc:iateI tho opport1mity to
W..uneDt 011 the ~ doouIIleaL The followlq """,m_t.a.. m8IIIi II 8l>l.....~
t'or tbe lMd Apnoy mlshould be iIIcoqloWed in tho FiDal Mitlpted Neptive Deolaration.
PlMN ]II:!)VJdO ~J1CAQMJj with wrltteD reapo.lI8IS to lI1l gc,.....-ts -"oed herein prior to
the ClCllifill8liOll oCtile Final MitlplIld Ncptive Declaration. The SCAQMO wouklbe heppyto
work with tbe LeId Apacy to ad4tWM these Issues aDd my othclr questioas that maylrise. 1
Please contaet Cbarlea BIIDkson, Pb.D., Air Quality SpeclaIllIt - CEQA SectiOD, lit (909) 396-
3 304l1you have II1Y questlODl fI88l'din8 these comments.
Sincerely
~ 5 rr'- d"
Steve Smith, Ph.D.
Prosram Supervisor, CBQA Section
P11D11lns. Rule Development ol Area Sources
Allaclunent
SS:CB
n1ICYH1~..m
CoolnlJ N.......
JA'I 20 '06 06'1iI8PM SI:AQ'lI) sse 909 396 3324 .
P.3
Scou Roc/mtin
-I-
1anuary 20, 2006
MlliIated Negative Deelaratloll (MND) for Th. RawllDp Re..rvolr
Repla_lIIt ProJICt
1. n.....lItLon E......... '" 8CAOMD Rille 1403: On paae 3-1 the Ie8d 18e1l1ly stales
that ubestoHoDtahllna material. have been idlll1ifed in !he exlatina nlllCl'VoIr mataials.
The 1* apmcy also Itates that ubeatoa-co.utai mataials will be romovcd IDe!
di8poIed ot In ICClOrclanc:e wUh applicable procedlll'Oll oatabUahed by IIlate and local
apacica. The lead apnc;y should be awue that the propoaed demoJition activitie. would
be aubjlCt to SCAQMD RuI. 1403 :- Aabeato. EmiaslOllll Fram DemoUt!oDIRerIovatlon
Aotiviti... Thit l'\Ilo repdatos ubeato,lIIDiulOllllii'om buildlna demolition. Oi\lel1 that
!he pzoposed projeet lite Is lIIII'l'oUDCIed by nlIicleDcea IDe! Foothill H1ab Sohool, both
ooD8ider8d IIOllSitivc ~ it i, imporlant that !he project proponent alto comply wlth
SCAQMD RuI. 1403. A oopy olthe till. is atf.~""" for oonveoieace.
2
2. Shart-T_ Lo-'............aetI: Table 3 ODpqID 5.7 oftheMND WWS
llOIIItI'uCtiOJl PMI 0 IIIliNiOJll ~"""''''I Ibo JeJPOIIalIlllU daily sigDI1Icc.co thrwholcl,
pnl-mitigatlOZl. Tho proposed projoot has the Jl(IteDtiaI.to a1so l'Ibe \ocJo1l-S ambient
coneeatrlItions. Conaistent wlth!he SCAQMD's enviroomcatalj1.lllico proar-1IId
polilli.,!he SCAQMD recomm....d. that lead IpDOy a1so evaI\IItc 1"",,11""" air quality
lmp8cts. SiDee the proposed Jl!O.iect 1,1ess than ftva _ in .... It ilia)' be pt'u1l1le that
!he 1_ aaeneY oouId \ISC !he '''''..II...... 8l8"lflCIDCO tInshold (LS'I) tables IDe! DOC
l""A..al dispersion mode.llq. Oiven the pIVXimi1y ollbo propoeed project to tblt abo'YO-
~ed mllitlvc l'CllOptOtI, SCAQMD srafft'eC'-'IIIda that tho lead aptlC)'
1IIIdCrtako the localized llWysis to 1III\Inl that all necenary IIId leUlble mitiptlon
-- are implcmented abouIcl tho lIDI1ysis cIomonstrate that eousttuedon NOx and
CO emiaions are sisolfiClllll:. The metbocIololJY for l:OIlduotlna the lnel'lized D8"lfI_
thresholdillllll1ysis CII1 be toUlld OD tbo SCAQMD \Wbsite at:
WWWtKImd.fI.Ov/t:MJAJhandhtv.kJLSTILST.trttm.
3
Rawlings Ra..rvoir Rap/acemant Projact
Responses to Comments
Comment Letter 4
South Coast Air Quality Management District
Steve Smith, Ph.D., Program Supervisor, CEQA Section
January 20, 2006
1. The comment acknowledges receipt and review of the IS/MND and requests written
responses to the comments contained within the letter. Written responses are provided
below.
2. SC 7-1 (page 5-18) of the IS/MND acknowledges that compliance with SCAQMD
Rule 1403 (Asbestos Emissions From Demolition/Renovation Activities) is required.
Asbestos removal work would be conducted in an isolated work area. Additionally,
engineering controls would be implemented which may include, but not be limited to: the
use of High Efficiency Particulate Air (HEPA) filtration systems which would operate
continuously from the commencement of work until the final clearance is achieved; wet
removal methods; HEPA vacuums; and perimeter air sampling with on- and off-site
analysis.
Additionally, although not required, asbestos removal would be monitored by an
independent environmental consulting firm retained by the City to ensure compliance
with the regulations set forth in SCAQMD Rule 1403. Should any form of non-
compliance be observed, the independent consultant would immediately notify the City
and the City would order the contractor to cease all ACM removal activity until the non-
compliance issue is resolved to the satisfaction of the City.
3. The air quality analysis conducted for the proposed project was completed in
accordance with current SCAQMD analysis requirements as specified in SCAQMD's
CEQA Handbook. SCAQMD has not mandated that local agencies conduct localized air
quality analyses for all development projects (see AQMD Fact Sheet, "Localized
Significance Thresholds' [LSTS]). The only required analysis is the analysis set forth in
the CEQA Handbook, which is the analysis that has properly been conducted for this
project. The purpose behind SCAQMD's development of LSTs was merely to provide
lead agencies with a tool for assessing the localized air quality impacts of the project
should an agency decide to conduct such an analysis. (lQ., p.2). In this case, the City
elected not to conduct a localized air quality analysis because the project site is not
located within an area that is currently plagued by disproportionately higher levels of air
pollution, such as, for example, industrial areas or transit corridors. The general area is
primarily residential.
Consistent with the methodology for analyzing construction emissions established in the
SCAQMD handbook and as presented in Section 5.111 of the IS/MND, with mitigation, the
proposed project would not exceed any of the SCAQMD's significance thresholds. It is
important to note that pollutant emissions would only occur temporarily during
construction. These emissions would cease upon project completion.
It should be noted that the IS/MND did identify PM,o emissions to be significant prior to
mitigation. The air quality mitigation measure included in the IS/MND (MM 3-1) indicates
that the contract specifications shall require compliance with all applicable SCAQMD
Rules and Regulations including Rule 403 to reduce the proposed project's potential
PM,o impacts. Specific measures which will be required of the contractor are listed in the
IS/MND. As a result, construction of the proposed project will not exceed SCAQMD's
significance threshold for PM,o. On the contrary, PM,o emissions will be well below
SCAQMD's daily significance threshold (refer to Table 3 on page 5-7 of the IS/MND).
R:\projeds\Tustin\JOO3\RTC-040606. doc
2-6
Responses to Comments
Rawlings Reservoir Replacement Project
Responses to Comments
With respect to CO and NOx emissions, the air quality analysis performed for the
proposed project indicates that construction of the proposed project would not result in
an exceedance of SCAQMD's thresholds for these criteria pollutants (refer to Tables 2,
3, and 4 in the ISIMND). However, in a good faith effort to minimize potential
construction-related air quality impacts to the greatest extent feasible, the City hereby
incorporates the following mitigation measures in the ISIMND. This mitigation measure
does not change the conclusions of the IS/MND as presented.
MM 3-2 Prior to issuance of a grading permit, the Community Development
Department shall verify that the following requirements are included on
the contractor specifications:
· all equipment shall be properly tuned and maintained in accordance
with the manufacturers' specifications
· engines on trucks and vehicles in loading and unloading queues
shall be turned off when not in use to reduce vehicle emissions
· construction activity shall utilize electricity from power poles rather
than temporary diesel or gasoline power generators, to the extent
feasible
· all on-site mobile equipment used during construction shall be
powered by alternative fuel sources, where feasible
· all on-site heavy-duty construction equipment shall be equipped with
diesel particulate traps to the extent that this equipments is available
at the time the contracts are awarded
· emulsified diesel fuel shall be used in diesel-fueled construction
equipment that is not equipped with diesel particulate traps to
reduce NOx emissions.
It should also be noted that on-site construction activities would be monitored on a daily
basis by City staff. This would include visual monitoring to ensure that dust emissions
are not dispersing to adjacent properties. Additionally, the City would implement a public
outreach program for the project to maintain communication between the community and
the City during construction phases. This will include provision of a "call-in" number to
report any concerns during implementation of the project.
R:\ProjectsITuslin\JOO3\RTC-Q40606. doc
2.7
Responses to Comments
Comment Letter 5
~
~, '-.,J
~
ORANGE COUNTY FIRE AUTHORITY
P.O. Box 57JJ5, Irvine. CA 92619-7115.1 Fire Authority Rd. Irvine, CA 92602
Chip Pralher, Fire Chief
www.ocfaOlg
(714) 573-6/99
lY~c€
a ./44', II/~D
~li: /' 1006
~OP.li,f.i
January 13,2006
City ofTustin
Scott Reekstin
300 Centennial Wy
Tustin, CA 92780
SUBJECT: Rawlings Reservoir Replacement MND
Dear Mr. Rcekstin:
Thank you for the opportunity to review the subject document. OCF A bas contacted the City
and discussed water availability with the project plan. Given the nature of the project, the
impacts to the OCF A are insignificant. While no additional public safety resources are needed as 1
a result oflhis project, all standard conditions and guidelines will be applied to the project during
the DOnna! review process.
Please contact me at 714-573-6199 if additional information is required.
Sincerely,
~~h
Michele Hernandez
Strategic Services
mi~hfl!lp.hP.mRntffl!7.@~fJ1 ntg
Scrvina cbc: Cities or. AJiso Viejo. Bucoa Park . Cyprcu. 0Ina Poinl.1rviDe. LIlpna Hills. Lquna NiaueJ . f..Irauna Woods. lib ForCIt. La Palma.
Los AlImitol . Mission Viejo. Pfacc:ati.1 Rancbo Slota Marpri1a. San CIcmade. Sill Juan Capistrano. Seal RadI. Stlnton . Tustin . Villi P8k.
Westminster, YorbaLinda. and Unin"""'.......IIcdAlellofOlwlpCounty
RESIDENTIAL SPRINKLERS AND SMOKE DETECTORS SAVE LIVES
Rawfings Raservoir Rapiscamsnt Projsct
Ra$pOnsss to Commsnts
Comment Letter 5
Orange County Fire Authority
Michele Hernandez, Strategic Services
January 13, 2006
1. This comment acknowledges that OCFA has reviewed the document and concurs with
the finding that project-related impacts to the OCFA are insignificant.
R IProiects\ Tustin\JOO3\RTC..Q.40606.doc
2-8
Responses to Comments
Page t of2
Comment Letter 6
Reekatln. Scott
From: Mike Fioravanti (m4avanti@cox.net)
Sent: Monday, January 16, 2006 4:56 PM
To: Doug Davert
Subject: Follow-up on Rawlings Reservoir project
HI Doug -
I'm following up on our emall exchanges last week regarding the Rawlings Reservoir project as well
as our brief phone conversation today. I want to share with you my concerns from the community
meeting last Thursday night at FHS now that I have much more solid information.
The team that did the presentation to the small group ot property owners did a fine job and they
were very receptive to the concerns expressed by those In attendance. Unfortunately, many
people In this neighborhood didn't know about the meeting and others didn't even know about the
project. I Initially heard about It through word-ot-mouth.
My five main concerns for this project are as follows:
~bllc NotJfl~t19ns
The team talked about contacting the property owners within 500' of the project site. According to
my calculations that's approximately 33 homes. In speaking with many of my neighbors this
weekend, It appears that the majority have NOT been contacted. Some received a letter from the
City of Tustin along with the Initial Study and others received just a letter. I do think an initial
effort was put forth by the City of Tustin but It wasn't complete (even though $75K was budgeted
for public outreach). All of the property owners within 500' should have received the same
Information at the same time. Why were some given the study and others not even notified
(inclUding myself)?
1
3D-Day Revtl!!W ...Comment PerloJf
I am perplexed why the 30-day public comment period was launched on December 22nd.
This period Is typically the busiest time of year for most people. Plus, there are several major
holidays during this 30-day window In which the City of Tustin offices are closed. That means
roughly 18 business days are available for the public to contact the city directly which Is not much
time before the January 20th cut-off date for questions. We were told at the meeting that
questions would be taken after January 20th and If that is tile case, then why Impose a cut-off date
altogether?
2
CG.unb'.Qf.Or.llllgtl Land Us. Approva's
We learned that the Rawlings Reservoir sits on land owned by the City of Tustin, like an Island,
with the surrounding land managed by the County of Orange. That stili means, however, that
approvals must be obtained by the County of Orange Planning Department AND the North Tustin
Advisory Committee (NTAC). At the meeting I asked If NTAC had been contacted and the response
was: 'Our mailing was sent back to us as the NTAC address was Incorrect". That Is not a
Justifiable reason to bypass NTAC's board for approval of the project -- It simply means that
someone must make more of an effort to get the right Information (the County of Orange Planning
Dept. has the right address If necessary).
3
Asbestos RemovllLP.IM
I asked the team what the plan Is for removing the asbestos materials at the project site. The
response was that all ot the asbestos would be handled In accordance to the AQMD's
}4
01/24/2006
Page 2 of2
requirements. Nice to hear but I asked "when" the plan would be ready for review. They told us
"at a later date" which seemed very vague considering the Importance of this Issue. I
subsequently learned In re-readlng the Inltla' Study (atter the meeting) that the selected
contractor "shall submit an Asbestos Management Program (AMP) to the Public Works
Department". That tells me the plan will be developed AFTER the project Is approved by the Tustin
City Council.
4
cont.
Given that this project site Is In close proximity to three schools (Foothill, Hlllvlew and Hewes)
roughly 4,000 people could be greatly effected. While It might be "standard operating procedure"
to develop the plan later on, It would be tar better for the community to know the details
now. Personally, I can't otter my support tor the project without all ot the details and this Is the
most Important ot all.
~c~:= trc-:nancern and tar less Important than the previous point. Regardless, the City ot Tustin}
should present the landscape plan to the public so that we have something to comment on during
the 30-day review period. Yes, I understand that this Is "not required" at this point In the project 5
but It makes solid sense to have the details now.
From my viewpoint, this project Is moving too quickly and the public has not had enough time to }
(a) be notltled, and (b) be presented with ALL ot the necessary facts. I am requesting the City ot
Tustin extend the review/comment period until atter the asbestos removal and landscaping plans 6
have been presented In a public forum. During this time, approvals must be obtained by the
County Planning Department and NTAC as mentioned above.
I welcome the opportunity to discuss these points with you In turther detail. Please teel tree to
contact me at your earliest convenience.
Best,
Mike Fioravanti
19331 Gateway Drive
North Tustin
714.544.7207
01/24/2006
Rawlings Resarvo;r Replacement Project
Responses to Comments
Comment Letter 6
Mike Fioravanti
January 16, 2006
1. Please refer to Section 1.2 for a discussion of the public notification and review process
for the Initial Study and notice of intent to adopt an MND that was conducted by the City
of Tustin. Residents within 300 feet of the project site were mailed notifications and
adjacent property owners were provided with a copy of the IS/MND.
2. Per CEOA Guidelines Section 15073(a), "the lead agency shall provide a public review
period pursuant to Section 15105 of not less than 20 days. When a proposed negative
declaration or mitigated negative declaration and initial study are submitted to the State
Clearinghouse for review by state agencies, the public review period shall not be less
than 30 days, unless a shorter period is approved by the State Clearinghouse under
Section 15105(d)." Therefore, the 30-day review period provided by the City of Tustin
was in compliance with CEOA requirements. There are no provisionslrestrictions for
public review periods occurring during state or federal holidays.
As was noted in the comment letter, interested parties were informed at the January 12,
2006, community meeting that public comments would be considered after the official
close of the 30-day comment period until the City Council meeting for the project.
3. A lead agency is defined in Section 15367 of the State CEOA Guidelines as "the public
agency which has the principal responsibility for carrying out or approving a project." The
City of Tustin is the "Lead Agency" for the Rawlings Reservoir Replacement project. A
minor component of the proposed project consists of street improvements along Foothill
Boulevard, which require an encroachment permit from the County of Orange.
Therefore, the County of Orange has only limited jurisdiction over the project and to the
extent the encroachment permit process is discretionary, the County would be a
Responsible Agency for purposes of CEOA. A notice of intent to adopt the MND was
sent to the County of Orange; however, no comment letter was received. Should any
input be received prior to the decision-making process, it will be considered.
Pursuant to Section 15072(b) of the State CEOA Guidelines, the City of Tustin submitted
the Notice of Intent to the "last known name and address" of the North Tustin Advisory
Committee (NTAC). The NTAC is an advisory committee that serves the unincorporated
area of Orange County which does not include the project site. The proposed project is
not subject to review by NTAC. However, the City of Tustin, in good faith, elected to
voluntarily present the proposed project to the NTAC at its regularly scheduled meeting
on February 15, 2006.
4. As discussed in Response NO.2 to the DTSC letter, MM 7-1 requires the City to prepare
an Asbestos Management Program (AMP). While the precise details of the plan have
not been finalized, the AMP would comply with the requirements of Rule 1403 and must
incorporate the recommendations of the Asbestos and Lead Survey Report (Note that
the Asbestos and Lead Survey is available for public review at the Community
Development Department counter at Tustin City Hall). Rule 1403 is reproduced in its
entirety and included as Attachment A, attached hereto and incorporated by reference
herein. This Rule requires the City to notify the SCAQMD prior to demolition activity and
sets forth specific requirements for the safe removal, transportation and disposal of
asbestos from the project site. Moreover, various details of the proposed ACM removal
are described in Response 2 to SCAQMD Comment Letter 4 and again repeated in
Response 1 to Comment Letter 7.
R: \Projects\ Tuslin\JOO3\RTC-040606.doc
2-9
Responses to Comments
Rawlings ResefVOir Replacement Project
Responses to Comments
5. As discussed in Section 5.1 of the IS/MND, Aesthetics, the proposed project (which
includes implementation of landscaping) would not substantially degrade the existing
visual character or quality of the site and no significant aesthetic impacts would result.
Therefore, no mitigation is required. Preparation of the landscape plan will occur during
final design and will be part of the Final Plans and Specifications to be considered by the
City Council.
6. As noted in the responses for comments 1 and 2, the City of Tustin has processed a
notice of intent to adopt an MND for the Rawlings Reservoir Replacement project in
compliance with the requirements of CECA. Subsequent project approvals by the City
Council provide additional opportunities for the public to comment on more detailed
aspects of the project.
R:\ProJects\ TustinUOO3\RTC-040606.doc
2-10
Responses to Comments
Comment Letter 7
Dear Mr. Reekstin:
We attended the neighborhood meeting for your proposed water towers to be built where
the Rawlings Reservoir currently sits. Our home sits directly above the reservoir and the
Karetta home sits directly behind us.
The following are just a few of our concerns: }
1. The safe removal of the asbestos. Will the AQMD be monitoring the 1
removal? Ifnot, why not?
The height of the towers. Although you state that they wiII be no higher than }
the current structure, the fact that there are two of them makes the forward
tower sit high out of the ground and is a huge concrete wall that did not exist 2
before. Can you make one larger tower so it will sit further back on the lot
and not be such a sore thumb?
Can the sides of the towerltowers be more esthetic? =r- 3
You will be creating a huge blank canvas for graffiti. This can not be resolVed} 4
with lighting the towers as that would be an even greater nuisance.
One of my biggest concerns is the appearance of the structures from the top.
Not only are the proposed roofs ugly, but the huge concrete flat area around
the back and ~ of the front tower will create glare, heat, and would be visually
ugly. We estimate the square footage of concrete and surface area of the the
top of the towers to be approx. 40,000 sq. ft, perhaps more. Can you verify
this figure? You state that you need it for maintenance so trucks can drive on
the concrete apron, but, this seems to be ovcrldll. We would rather see foliage
from bushes, and a ladder on the side of the tower to reach the top for
maintenance.
This project will create dust, rodents, etc. for at least 2 years. How docs the } 6
city plan on cleaning our homes, cars, yards, etc?
It is a major concern that the city of Tustin is the de~er, approver and
developer of the project. There is no disinterested 3 party to grant approvals,
permits, etc. We were all unaware that this island was part of The City of
Tustin. Consequently, we, the neighbors, are disenfranchised. We have no
city council to appeal to since we are in the county area and you have no
govcrmnent entity to watch over you and create a check and balance. The
people most effected by this project have not real voice. I am quite certain
that if a private developer were proposing such unappealing structures that
would sit in the middle of the city, the planning department would be far more
concerned with the esthetics and not just the function. If there were
complaints about the project being made by city residents, the head of
planning and the city council would sit up and listen. Furthermore, we are
concerned that we got notification of our 30 days to make our views heard
about the project on Dec. 20111. Most of us were in the middle of celebrating
the holidays until after New Year and consequently have had little time to
digest the information given us.
2.
3.
4.
5.
6.
7.
These are just a few of our thoughts. Please respond to this letter as soon as possible.
5
7
},
Thank. You,
Stephan and Robin Lang
Earl Karetta
Rawlings RasatvOir Raplacemant Projact
Rasponsas to Commants
Comment Letter 7
Stephan and Robin Lang
Earl Karetta
1. Construction activities for the Rawlings Reservoir Replacement project are under the
jurisdiction of the SCAQMD and all project-related construction activities. including
demolition and structure removal, must comply with SCAQMD Rule 1403. In accordance
with Rule 1403, SCAQMD would be notified of the asbestos removal prior to
commencement of the demolition activity. The notification must include key components
of the proposed removal which must be consistent with the health and safety procedures
outlined in Rule 1403. In addition to compliance with Rule 1403, the Asbestos
Abatement Contractor must comply with applicable regulations set forth by the
Environmental Protection Agency, the Occupational Safety & Health Administration, and
the Department of Health Services. An Asbestos Management Plan must also be
prepared pursuant to Mitigation Measure 7-1.
Asbestos removal work would be conducted in an isolated work area. Additionally, other
engineering controls would be implemented which may include, but not be limited to, the
use of High Efficiency Particulate Air (HEPA) filtration systems that would operate
continuously from the commencement of work until the final clearance is achieved, wet
removal methods, HEPA vacuums, and perimeter air sampling with on- and off-site
analysis.
Additionally, although not required, the project site would be monitored by an
independent environmental consulting firm retained by the City to ensure compliance
with the regulations set forth in SCAQMD Rule 1403. Should any form of non-
compliance be observed, the independent consultant would immediately notify the City
and the City would order the contractor to cease all ACM-removal activity until the non-
compliance issue is resolved to the satisfaction of the City. To ensure this independent
oversight occurs, the City will impose the following special condition:
Haz-1 Prior to issuance of a demolition permit for the existing reservoir, the Community
Development Department shall verify that the following requirement is included in
the contractor specifications: An independent environmental consulting firm shall
be retained and shall be onsite to monitor all removal/handling of asbestos
containing material (ACM) conducted by the Asbestos Abatement Contractor,
and to ensure compliance with SCAQMD Rule 1403. Should any form of non-
compliance be observed, the independent consultant shall notify the City and the
City shall order the contractor to cease all ACM-removal activity until the non-
compliance issue is resolved to the satisfaction ofthe City.
2. Due to the size and shape of the project site (long and narrow), it is not possible to
provide the necessary volume of water storage in a single circular tank; therefore, two
tanks are required. The placement of the tanks on the project site is dictated by
construction/engineering requirements. Nonetheless, as documented in the IS/MND
discussion of the project's potential aesthetics impacts, the project has been designed to
ensure that any visual or aesthetic impact would be less than significant.
3. As stated on page 5-1 of the IS/MND, the exposed portion of the front tank as well as
non-paved areas of the site would be landscaped and the exterior of the exposed
portions of the two tanks would receive coloration treatment to further screen and blend
the facilities with the proposed landscaping. It should be noted that the visual simulations
of the proposed reservoirs that were presented at the January 12, 2006, community
R:\Projects\ T ustinUOO3\RTC-04Q606.dQc
2-11
Responses to Camments
Rawlings Rassrvoir Rap/acamant projact
Rasponsss to Commants
meeting (which was attended by the commenter) represented the pre-landscape
condition and were not intended to show the final visual characteristics of the project
site.
4. During the construction phase, the police department would periodically patrol the
project site. Additionally, during and after construction the project site would be fenced
and locked to prevent trespassing and vandalism. It should also be noted that with
landscaping of the exposed face of the reservoir tanks, access would be further
deterred.
5. The roof area of the existing rectangular reservoir is approximately 38,000 square feet
(sf). The roof area of the two new tanks would be approximately 28,200 sf, which is
approximately 25 percent less hardscape than the existing reservoir. The perimeter area
shown for reservoir access and maintenance would be approximately 22,500 sf. The
combined areas of the new roofs and access area would be approximately 50,700 sf. A
roadway for access to the roof of each tank is necessary for maintenance. As noted
previously, the exposed portion of the front tank as well as non-paved areas of the site
would be landscaped, and the exterior of the exposed portions of the two tanks would
receive coloration treatment to further screen and blend the facilities with the proposed
landscaping. As documented in Section 5.1 of the ISIMND, the project has been
designed to ensure that any visual or aesthetic impact would be less than significant. It
should also be noted that the location of ladders would not change the need for access
of maintenance and inspection vehicles. Multiple roof hatches on each tank are required
for safety and for personnel and equipment access, and paved access is necessary to
each hatch location.
6. As stated on page 5-9 of the ISIMND, the project would be required to comply with
applicable SCAQMD Rules and Regulations, including those related to dust control.
Specifically, a fugitive dust control plan would be prepared and submitted to the City of
Tustin Public Works Department and would be employed throughout project
construction, including grading.
With respect to concerns raised regarding rodents, residential areas do not provide
sufficient natural resources for native wildlife species including but not limited to mice or
other small animals that may inhabit the project site. In addition, project construction
activity will largely be confined to currently disturbed areas as opposed to undeveloped
densely vegetated areas that may provide shelter to rodents. There is no evidence that
the project would create a significant rodent problem in this neighborhood. Therefore, no
mitigation is required.
It should also be noted that the City of Tustin would conduct a public outreach program
throughout the construction phase of the project. As part of this program, surrounding
residents would be notified of whom to contact during construction if they have any
concerns/complaints. Specific concems would be dealt with on a case-by-case basis.
7. A lead agency is defined in Section 15367 of the State CEQA Guidelines as "the pUblic
agency which has the principal responsibility for carrying out or approving a project." The
City of Tustin is the "lead Agency' for the Rawlings Reservoir Replacement project. The
proposed project includes street improvements along Foothill Boulevard, which requires
approval from the County of Orange before this component of the project can be
initiated. Therefore, the County of Orange is a ResponSible Agency. A notice of intent to
adopt the MND was sent to the County of Orange; however, no comment letter was
R:IProjecls\T ustin\JOO3\RTC-04Q606. doc
2-12
Responses to Comments
Rawling. Ra.arvoir Rap/aeamant Projact
Rasponses to Commant.
received. Should any input be received prior to the decision-making process, it would be
considered.
Pursuant to Section 15072(b) of the State CECA Guidelines, the City of Tustin submitted
the notice of intent to the "last known name and address. of the North Tustin Advisory
Committee (NTAC). The NTAC is an advisory committee that serves the unincorporated
area of Orange County which does not include the project site. The proposed project is
not subject to review by NTAC. However, the City of Tustin elected to voluntarily present
the proposed project to the NTAC at the regularly scheduled meeting on February 15,
2006.
The City of Tustin has solicited input from property owners in the area surrounding the
project site and would continue to accept and consider comments from any interested
parties. As noted previously, the City would implement a pUblic outreach program for the
project to maintain communication throughout the project design and construction
phases.
8. Per CECA Guidelines Section 15073(a), "the lead agency shall provide a public review
period pursuant to Section 15105 of not less than 20 days. When a proposed negative
declaration or mitigated negative declaration and initial study are submitted to the State
Clearinghouse for review by state agencies, the public review period shall not be less
than 30 days, unless a shorter period is approved by the State Clearinghouse under
Section 15105(d)." Therefore, the 30-day review period provided by the City of Tustin
was in compliance with CECA requirements. There are no provisions/restrictions for
publiC review periods occurring during state or federal holidays.
R:\Projeds\TustinUOO3\RTC-040606. doc
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Responses to Comments
Comment Letter 8
January 2, 2006
TO: Scott Reekstin. Senior Planner
Community Development Department
City of Tustin, California
FROM: Michael Sultan, MD., F.AAP.
\3321 Orange Knoll Drive
Santa Ana, CA 9270S
RECel\/fED
JAN 0 5 2006
CfJI/NITr DEVELOPMENT
Re: Commentary and requests regarding mitigation
Rawlings Reservoir Replacement Project (RRRP)
Dear Mr. Reckstin,
As per your request, enclosed is a written synopsis of our meeting at my home on
12128/05.
1. Attendees: Mr. Reekstin, Mr.S. Sasredo, Mr. F. Adjanian, Michael Sultan, M.D.,
Seth Sultan, MHSE, Ellen Sultan, R.N.
2. Time 8:30 am - 9:15am
3. Synopsis of my commentary and the response on. the mitigation report ofRRRP:
A Concern for ubestos dilpenal (airIIome) during demolition and removal }
Pro......... r"'~i~.1 b4rrillr ~rk!Jure (dome!\ widl ventilation, Hepa filters, "a7.ftll!t. 1
preeautions (NYC school renovation model cited). *Note clo!lll prnximitv to 3 """nols
and many homes.
~du~:'C:C~~:~-::=nt~~;':=o~=~=~~ many} 2
extended barriers juxtaposed to homes proxintate to site.
C. CODeem for air oll.litv. exception taken to random sample analysis. E1qlOsure is}
botlt coptinuous and Olmulative. Proposal: same as A above plus vehicle 3
exhaust fihers et aI.
D. Pro~sed ollllOilll! reliable, independent mODitoring and regular feedback to all} 4
parties.
E. Concern for rodent disolacement as previously experienced with earlier project.} 5
F Coneem with vibratory impacts on structures and hillsides. } 6
G. Request for pre-oroiect. mid-oroiect and earlv noR-Project ........ments of
prOJ)fll'\Y imnact on homes and !lChoals.
H. Request acceptance by city ofTustin for responsibility to health, safety and
we1faR of vulnerable populations within the proximity of the proposed project ,
including:
Defined patients with airway or respiratory disorders
Elderly persons
Young Children
Student/faculty and staff at 3 nearby schools
Pets
Plants
That responsibiJity woulcl require:
1. The highest standards of precaution and an abundance of caution in executing the
project in aa:ordanc:e with the regulations in S 1 529 and all applicable federal,
state and local health requirements.
2. The ameliorative repair and reparations for any injury or harm done persons or
property.
3. The bearing of any and all costs associated with necessary relocation and return of
those persons deemed to be "in harms way" during the term of the project from
onset to completion.
Mr. Adjarian made a !lCholarly presentation of the reasoning as 10 why this project was
needed from a perspec:tive of needed water capacity, advantages of gravity flow and
value to tbe city's rating and operating costs.
To the extent that tbe project is done with any and all oftbe factors that provide for the
public safety, health and welfare, I presently see no basis for assuming an adversary
stance towards the project.
}7
8
We all understand that the "-'Ill_do. or airbol'lll! AIbestea and c:ontinnoul 9
......b....e or dl-'" _h._ .amor ...rclno---Ic: ....t_ti.1 To dispense this upon
scores of young children, elderly persons and those with respiratory disorders would be
unconscionable and is legally and morally unaecept:able. Until there is evidence ofthis, I
will suppon the project of a safely done responsible expansion of the Rawlings
Reservoir which serves the water needs of the local community in accordance with any
and all of the provisions under law which are intended to protect the public health and
safety .
Sincerely,
Michael Sultan, M.D., F.AAP.
Seth Sultan, B.A. MHSE. CHES
Ellen Sultan B.S., R.N
. (. !..,~ ..
~T till- /.N,~
.(L,~/~~
Rawlings RaS8rvoir Rap/seemanl Projact
Responses to Comments
Comment letter 8
Michael Sultan, Seth Sultan, and Ellen Sultan
January 2, 2006
1. Construction activities for the Rawlings Reservoir Replacement project are under the
jurisdiction of the SCAQMD and project-related construction activities, including
demolition and structure removal, must comply with SCAQMD Rule 1403. In addition to
compliance with Rule 1403, the Asbestos Abatement Contractor must comply with
applicable regulations set forth by the Environmental Protection Agency, the
Occupational Safety & Health Administration, and the Department of Health Services.
Asbestos removal work would be conducted in an isolated work area. Additionally, other
engineering controls would be implemented which may include, but not be limited to, the
use of High Efficiency Particulate Air (HEPA) filtration systems that would operate
continuously from the commencement of work until the final clearance is achieved, wet
removal methods, HEPA vacuums, and perimeter air sampling with on- and off-site
analysis.
2. As noted in Section 5.XI, Noise, construction-related noise would occur during the least
noise sensitive daytime hours between the hours of 7:00 a.m. and 6:00 p.m. Monday
through Friday, and between the hours of 9:00 a.m. and 5:00 p.m. on Saturdays. No
construction activity would be allowed on Sundays or on City-observed federal holidays.
In addition, a temporary sound barrier would be constructed, "residential grade" mufflers
would be required on construction equipment, and construction hours would be
prominently posted on the site to ensure that construction activity begins and ends at the
hours specified above (see Special Conditions Noise-1, Noise-2, and Noise-3 as
described on page 5-26 of the IS/MND).
3. Project construction activities would be in compliance with SCAQMD Rule 403, which
imposes strict requirements on fugitive dust emission generation and control. The rules
are especially restrictive in regards to dust control and do not allow any visible
particulates to migrate off site. Section 5.11 of the IS/MND, Air Quality, indicates that no
significant impacts would occur with implementation of the required mitigation (refer to
MM 3-1).
4. Although not required, the project site would be monitored by an independent
environmental consulting firm to ensure compliance with the regulations set forth in
SCAQMD Rule 1403. Should any form of non-compliance be observed, the independent
consultant would immediately notify the City and the City would order the contractor to
cease all asbestos containing material-removal activity until the non-compliance issue is
resolved to the satisfaction of the City. As previously noted, the City has included a
special condition for monitoring of compliance with SCAQMD Rule 1403. With respect to
fugitive dust, on-site construction activities would be monitored on a daily basis by City
staff. This would include visual monitoring to ensure that dust emissions are not
dispersing to adjacent properties. Additionally, the City would implement a public
outreach program for the project to maintain communication throughout the project
design and construction phases.
5. See Response 6 to Comment Letter 7 regarding the project's potential to create a rodent
problem in the neighborhood.
R:\Projects\ T uslin\JOO3\RTC-040606. doc
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Responses to Comments
Rawlings Rasarvoir Rap/seeman! Projact
Rasponsas to Comments
6. Vibratory impacts associated with construction are usually due to either blasting or pile
driving operations. Since this project does not incorporate either blasting or pile driving,
no significant vibration impacts are anticipated.
7. As documented in the IS/MND, the project would have either no impact, a less than
significant impact, or a less than significant impact with mitigation, for each
environmental resource area evaluated in the IS/MND. There is no evidence that the
project would result in any significant adverse impact on the structural integrity of any
nearby residential or school property. Therefore, a pre-project, mid-project and early
post-project assessment of nearby property is not required.
8. As noted in Response No.7, there is no evidence that this project would have any
potential impact on the health, safety, and welfare of vulnerable populations within the
proximity of the project. The City would take all necessary precautions to ensure the
adjacent sensitive receptors and property are adequately protected during project
construction. In addition to ensuring that contractors comply with all applicable federal,
state and local health requirements, additional measures would be incorporated into the
project to address the potential impacts of the project. As documented in the IS/MND
and its supporting technical data, all potentially significant impacts (most of which would
occur on a temporary basis during construction only) would be mitigated to a less than
significant level. These impacts include potential impacts from airborne asbestos and
noise. Other construction related impacts, including impacts from construction emissions
from heavy equipment and dust, would be less than significant. Pollutant emissions
generated during construction would be below applicable South Coast Air Quality
Management District significance thresholds (see IS/MND, Table 4).
Based on the conclusions of the IS/MND, there is no evidence that any injury or harm
would occur to people or property in the vicinity of the project; therefore, implementation
of the measures recommended in this comment, such as 'ameliorative repair and
reparations' and relocation of certain segments of the population in this area is not
required under CEOA.
9. The comment is noted and will be taken into consideration by the decision makers.
R:\Projects\TustinIJOO3\RTC..Q40606. doc
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Responses to Comments
Rawling. Reservoir Replacement Project
Response. to Comment.
2.2 RESPONSE TO COMMENTS RECEIVED AT PUBLIC INPUT MEETING.
JANUARY 12. 2006
As previously discussed in Section 1, Introduction, the City of Tustin held a community meeting
at Foothill High School on January 12, 2006. Comments were noted during the meeting and are
addressed below. A list of meeting attendees is provided following these responses to
comments.
Comment 1: Will residents receive assurance that Rule 1403 (concerning asbestos
removal) be fully complied with?
Response: Standard Condition 7-1 (page 5-18) of the IS/MND acknowledges that
compliance with SCAOMD Rule 1403 (Asbestos Emissions From Demolitionl
Renovation Activities) is required. National Econ Corporation, an independent
environmental consulting firm, would have an experienced project technician
on site full time to observe the asbestos removal conducted by the Asbestos
Abatement Contractor and ensure compliance with Rule 1403. By law, the
Asbestos Abatement Contractor must notify SCAOMD in writing of their
intention to remove the asbestos 14 calendar days prior to the start of any
abatement. This allows. SCAOMD to make unannounced visits to the site at
any time to ensure compliance. In addition to complying with Rule 1403, the
Asbestos Abatement Contractor must at all times comply with Environmental
Protection Agency (EPA) regulations, Occupational Safety & Health
Administration (OSHA) regulations, Department of Health Services (DHS)
regulations, and other regulations that apply to this project. National Econ
Corporation's on-site technicians are rigorously trained in all aspects of
asbestos project monitoring and would not hesitate to contact the City if any
non-compliance is observed.
Comment 2: Will the project be fully enclosed during asbestos removal? (Clarification of
question No.1)
Response: Asbestos removal work would be conducted in an isolated work area.
Additionally, other engineering controls would be implemented which may
include, but not be limited to, the use of High Efficiency Particulate Air (HEPA)
filtration systems that would operate continuously from the commencement of
work until the final clearance is achieved, wet removal methods, HEPA
vacuums, and perimeter air sampling with on and off-site analysis.
Comment 3: Do we know the name of the company who will be performing the asbestos
removal?
Response: The Asbestos Abatement Contractor has not yet been determined. The City of
Tustin would put the project (design and construction) out for public bid. A
component of this bid package is the asbestos removal specifications to be
prepared by National Econ Corporation, Part of the bid process is a mandatory
site visit by all the prospective Asbestos Abatement Contractors. This site visit
would afford the prospective bidders the opportunity to see the project first
hand and to ask any questions of the Independent Environmental Consultant
who would be monitoring the project from commencement to completion. The
prospective Asbestos Abatement Contractors would be issued a copy of the
removal specifications outlining all regulatory requirements that would be
rigorously enforced. The prospective bidders would then compile their bids for
R:\Projects\ TuslinWOO3\RTC-Q40606. doc
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Responses to Comments
Rawling. Rasarvoir Rapiacemant Projact
Rasponsa. to Commant.
submission no later than a date and time that would be detennined by the City
of Tustin. The City of Tustin would then begin a thorough review process of
each bid to determine the eligibility and competence of each bidder. The City
of Tustin would work closely with the Environmental Consultant during this
review. At the end of the review process, the most qualified bidder would be
given the City's recommendation for submission to the Tustin City Council for
approval. If approval is authorized by the City Council, the project would be
awarded to that bidder. A successful bidder will have demonstrated not only
competitive prices, but experience with this type of project, a good safety
record, adequate insurance, bonding, etc.
Comment 4: Can local residents be notified of the name of the winning bidder?
Response: The City of Tustin provides public notification of all City Council meetings,
including agenda items. As noted above, the Final Plans and Specifications for
the Rawlings Reservoir Replacement must be approved by the City Council
and the recommended bidder would be included in the public notification for
the City Council meeting.
Comment 5: What about dust control? (From the School District, should they get special
filters, change them more often, etc.?)
Response: As stated on page 5-9 of the IS/MND, the project would be required to comply
with applicable SCAQMD Rules and Regulations, including those related to
dust control. Specifically, a fugitive dust control plan would be prepared and
submitted to the City of Tustin Public Works Department and would be
employed throughout the grading phase of project construction.
Comment 6: Will there be any remediation or assistance to remove dust from houses, cars,
and plants?
Response: The only phase of construction that could generate significant dust emissions
is the grading phase. However, as documented in the IS/MND (Table 3), with
implementation of the extensive dust control measures set forth in Mitigation
Measure 3-1, potential off-site dust emissions would be less than significant.
Nonetheless, the City of Tustin would conduct a public outreach program
throughout the construction phase of the project. As part of this program,
surrounding residents would be notified of whom to contact during construction
if they have any concerns/complaints. Specific concerns/complaints, including
those associated with dust, would be dealt with on a case-by-case basis.
Comment 7: When grading, what will be done regarding rodent infestation? Will this be
remediated and how will this be accomplished?
Response: See Response 6 to Comment Letter 7 regarding the project's potential to
create a rodent problem in the neighborhood.
Comment 8: Where will the noise barriers be placed? Describe the size of the barriers and
the length of time the barriers will be in place.
Response: The temporary noise barrier would be placed along the north and east property
lines of the project site. The height of the barrier would initially be 24 feet tall as
identified in Special Condition Noise-1 of the IS/MND. The barrier would be
R:\ProjeclsIT uslinIJOO3\RTC-0406Q6,doc
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Responses to Comments
Rawlings Ra.arvoir Rap/acamanl Projac/
Rasponsa. 10 Cornman!.
installed prior to any demolition or grading and would remain in place until no
longer required by construction activities. The deep excavation and associated
shOring walls would provide noise attenuation and the height of the walls could
be reduCed during cohllttuction as appropriate based on the noise levels
generated. Additionally, the later phases of construction might not include any
significant noise generators, and the City could remove the barrier if this were
the case.
Comment 9: Will the noise barriers be placed around the homes?
Response: The noise barrier would not be placed around the hOmes. As noted previously,
the noise barriers would be placed along the north and east property lines of
the project site.
Comment 10: Clarify, will the barriers really be 24 feet tall?
Response: As noted in Special Condition Noise-1 (page 5-26 of the IS/MND), the
temporary barrier would be 24 feel high. Also refer to response to comment 8
above.
Comment 11: Will there be any pile driving associated with this project?
Response: No pile driving is planned or required for the project.
Comment 12: Are there any natural gas lines within the project limit area?
Available utility information indicates that there is a natural gas pipeline in
Foothill Boulevard in front of the project site, but not on the site or in the
access roadway along the easterly side of the site.
Comment 13: Where will construction trucks access the job site and sit while waiting to
access the site?
Response:
Response: Construction vehicles would park along the curb of Foothill Boulevard while
waiting to access the site. Construction vehicles would access the site from the
existing access driveway and from a new driveway on the westerly front side of
the site.
Comment 14: Is the construction duration actually going to be 22 months?
Response: Based on currently available project information, project construction is
estimated to take approximately 22 months. Construction activities would
include demolition of the existing reservoir; site clearing, excavation, and
preparation for construction; new tank construction; site backfill; construction of
pipelines and related improvements; site paving and landscaping; and final
cleanup. The Final Plans and Specifications would provide a specific timeline
for construction activities.
Comment 15: Is the storm drain pipeline construction included in the original construction
timeline?
Response: Construction of the new drain line in Foothill Boulevard would take place within
the same time period noted above for the proposed project.
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Responses to Comments
Rawlings Rasarvoir Rap/seemant Projact
Rasponsas to Commonts
Comment 16: Will there be security at the job site?
Response: During the construction phase, the project construction site would be
periodically patrolled by the police department. During construction and
operation, the site would be fenced and locked restricting access into the site.
Comment 17: What about graffiti control on the noise barriers and other portions of the job
site?
As indicated above, the periodic patrols by the pOlice department would be
conducted. Should the noise barriers or other surfaces be vandalized with
graffiti, the City would ensure that it is removed immediately which is consistent
with city-wide policies.
Comment 18: What is the target date for the MND to be presented to City Council?
Response:
Response: Based on the current project schedule, it is expected that the MND would be
presented to the City Council in April 2006.
Comment 19: Citizens need more time and facts regarding the MND before it goes to
Council. Can it be delayed?
Response: Refer to the discussion of the public notification and review process for the
IS/MND provided in Section 1.2 of this responses to comment document.
Comment 20: Why isn't the asbestos plan completely in place before the MND goes to
Council for approval?
Response: The Asbestos Management Program (AMP) would not be prepared until the
City selects the Asbestos Abatement Contractor. Nonetheless, no grading
permit would be issued and no asbestos removal would occur until the AMP is
prepared and SCAQMD is properly notified of the details of the removal plan.
While the exact details of the AMP have not been defined, the AMP must
include procedures that are consistent with the removal, transportation, and
disposal procedures that are set forth in SCAQMD Rule 1403. Moreover, the
AMP would incorporate the recommendations of the Asbestos and Lead
Survey that has already been prepared for the project. The Asbestos and Lead
Survey recommended the following measures to address ACM on site:
. The AMP should set forth operation and maintenance guidelines to
minimize fiber release which may be caused by age, normal wear and tear,
delamination, building maintenance, repairs, renovation and other activities
which may disturb ACM.
. Prior to demolition, or major construction, specifications should be property
modified to incorporate the removal of ACM.
. If removal of ACM is required in connection with demolition, renovation, or
building repair, such work should only be performed by personnel who are
appropriately trained, experienced, and registered. Intentional disturbance
of ACBM should be performed in a manner such that emissions are
controlled. Control measures should include, but not be limited to, wet
methods, encapsulation, removal with HEPA-filter equipped vacuums, and
R\Projects\T ustin\JOO3\RTC.0406Q6. doc
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Responses to Comments
Rawlings Ra.arvoir Replacement Project
Response. to Comment.
appropriately labeled pOlyethylene bags. HVAC systems in work areas
where asbestos is to be abated should be deactivated and the register
closed and temporarily sealed. Air monitoring relating to such work should
be performed by or under the direct supervision of a California State
Certified Asbestos Consultant before, during, and after the abatement
work, as required by EPA and other regulations.
. California law requires a building owner to provide tenant, employee, and
vendor notification within fifteen (15) days of receipt of information
identifying the presence of ACBM in their buildings(s) and annually
thereafter. Specific notification requirements are outlined in Assembly
Bill 3713 and California Health and Safety Code 25915-2519.7.
. There are potential liabilities associated with the presence and removal of
ACM. Precautionary measures should be taken in accordance with the
guidelines set forth by the EPA, the Occupational Safety and Health
Administration (OSHA), and other regulatory agencies.
Comment 21: Will the new tanks be taller than the existing tanks?
Response: As shown on Exhibit 7 of the IS/MND, the top of the new tanks would be only
one foot higher than the roof of the existing reservoir. In addition, the new
tanks would have roof vents and access hatches that extend slightly above the
finished roof level.
Comment 22: Can the City do something to make the roof of the reservoir more aesthetically
appealing to the neighbors that look down on it? (e.g., sod roof)
Response: For purposes of analysis, it has been assumed that the reservoir roof surface
would consist of asphalt with a gravel coating. However, alternative roof
treatments may be considered during the design process. The City would
ensure that the roof treatment does not cause glare.
Comment 23: What about expansive soil problems and potential damage to retaining walls,
swimming pools, etc.?
Response: The City's design engineer for the project is working with geotechnical
engineers and shoring engineers to address the soils issue and to mitigate
impacts to nearby retaining walls and swimming pools. Potential impacts
related to unstable soils and expansive soils are addressed in Section 5.VI of
the IS/MND and would be less than significant with the implementation of
current Uniform Building Code standards and standard engineering practices
are used.
Comment 24: What will be done to control/prevent graffiti on large walls that are exposed
after construction is complete?
Response: The project site would be fenced and locked, restricting access to the reservoir
tanks. Additionally, as stated on page 5-1 of the IS/MND, the exposed portion
of the front tank would be screened by landscaping. The visual simulations of
the proposed reservoirs that were presented at the January 12, 2006,
community meeting represented the pre-landscape condition and were not
intended to show the final visual characteristics of the project site.
RIProjects\T ustinU003\RTC-040606 doc
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Responses to Comments
Rawlings Reservoir Replacement Project
Responses to Comments
Comment 25: Will there be a process to ensure that the landscaping is maintained after
completion of project? (Currently it has deteriorated.)
Response: The City of Tustin would be responsible for maintaining the on-site
landscaping. It should be noted that area immediately in front of the reservoir
site along Foothill Boulevard is currently owned and maintained by the County
of Orange. With the proposed project, there would be improvements to Foothill
Boulevard implemented in this area, including the introduction of a sidewalk
and landscaping.
Comment 26: Can the tanks be completely buried?
Response: Completely burying the tanks is not feasible due to engineering, hydraulic, and
public health and safety (e.g., water quality) constraints. Additionally, this
method of construction would be cost-prohibitive.
Comment 27: Is Tustin Unified School District being informed during all of these processes?
Response: A copy of the Notice of Intent to adopt an MND was distributed to the Tustin
Unified School District (TUSD). No comment letter was received. Additionally,
the TUSD was invited to the informational community meeting held at Foothill
High School. A representative from the TUSD attended this meeting and the
NTAC meeting held on February 15, 2006.
Comment 28: Is this meeting a "Public Hearing"?
Response: The meeting that took place on January 12, 2006, was an informational
community meeting with the purpose of introducing the project to interested
parties. It was not a publiC hearing. A public hearing would be scheduled to
take place during a City of Tustin City Council meeting.
Comment 29: Has NT AC been notified of this project and is being involved?
Response: Pursuant to Section 15072(b) of the State CECA Guidelines, the City of Tustin
submitted the notice of intent to the "last known name and address" of the
North Tustin Advisory Committee (NTAC). The NTAC is an advisory committee
that serves the unincorporated area of Orange County which does not include
the project site. The proposed project is not subject to review by NT AC,
however, the City of Tustin has voluntarily presented the proposed project to
the Committee at its regularly scheduled meeting on February 15, 2006.
Comment 30: Is this project being "fast tracked"?
Response: The proposed Rawlings Reservoir Replacement project is not being "fast-
tracked." The project is a Capital Improvement Program that is necessary to
ensure sufficient water supply in the City service area. As discussed in
Section 2.2 of the IS/MND, Project Background, the City initiated an evaluation
of the proposed project in 1996 when an engineering analysis of the Rawlings
Reservoir identified several structural deficiencies. The existing reservoir was
taken out of service in 2004. Based on the current schedule, the City Council
will consider approval of the MND and conceptual project design in April 2006,
and required rate increase in May 2006. Subsequently, the City will solicit
design/construction bids (Final Plans and Specifications) which, based on the
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Responses to Comments
Rawlings Rasarvoir Rap/aceman! Projact
Rasponsas to Commants
current schedule, would be considered by the City Council in Fall 2006.
Construction activities are expected to be initiated in Spring 2007 and
completed in Winter 2009.
Comment 31: Who will issue the actual permits to perform the work?
Response: The City of Tustin would issue permits to the contractor for on-site construction
activities. The County of Orange and Orange County Flood Control District
(OCFCD) would issue permits and other necessary approvals for street
improvements on Foothill Boulevard and storm drain connections, respectively.
Comment 32: Does the County oversee road closures and traffic control?
Response: As indicated on page 5-28 of the IS/MND under item (a), the number of
additional trips generated by the project during the construction phase would
not significantly impact existing roadway operating conditions. However, MM
16-1 (page 5-31 of the IS/MND) requires submittal of Traffic Management
Plans to the County of Orange for review and approval.
Comment 33: Will there be enough aesthetical planning done? Will the area look better than
it does currently?
Response: As indicated on page 5-1 of the IS/MND, item (c), the existing visual character
of the project site would be altered through the demolition of the existing
reservoir and construction of two new reservoir tanks. The project has been
designed to minimize aesthetic impacts through partial burial of the tanks and
landscaping which is proposed for location along the exposed face of the front
tank and on non-paved areas throughout the site.
Comment 34: Will there be additional public meetings, say at the mid-point of the project and
at the end for public input?
Response: As noted previously, the MND and conceptual project design, and required rate
increase will be considered by the City Council in April/May 2006. The Final
Plans and Specifications for the proposed project would be considered by the
City Council at a subsequent meeting. Additionally, the City of Tustin would
implement a public outreach program for the project which could include
periodic meetings to provide project updates and obtain input on the project.
Comment 35: The City owns this "island" of land. When did this island appear and why?
Response: The City of Tustin incorporated the reservoir site in the early 1980s when the
City acquired Tustin Water Works and all of their privately held properties.
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Responses to Comments
ATTACHMENT A
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
RULE 1403 - ASBESTOS EMISSIONS FROM
DEMOLITIONlRENOVATION ACTIVITIES
(Adopted October 6, I 989)(Amended April 8, 1994)
RULE 1403. ASBESTOS EMISSIONS FROM DEMOLITION/RENOVATION
ACTIVITIES
(a) Purpose
The purpose of this rule is to specify work practice requirements to limit asbestos
emissions from building demolition and renovation activities, including the removal
and associated disturbance of asbestos-containing materials (ACM). The
requirements for demolition and renovation activities include asbestos surveying,
notification, ACM removal procedures and time schedules, ACM handling and
clean-up procedures, and storage, disposal, and landfilling requirements for
asbestos-containing waste materials (ACWM). All operators are required to
maintain records, including waste shipment records, and are required to use
appropriate warning labels, signs, and markings.
(b) Applicability
This rule, in whole or in part, is applicable to owners and operators of any
demolition or renovation activity, and the associated disturbance of asbestos-
containing material, any asbestos storage facility, or any active waste disposal site.
(c) Defmitions
For the purpose of this rule, the following definitions shall apply:
(I) ACTIVE WASTE DISPOSAL SITE is any disposal site that receives, or has
received or processed ACWM within the preceding 365 calendar days.
(2) ADEQUATELY WET is the condition of being sufficiently mixed or
penetrated with amended water to prevent the release of particulates or
visible emissions. The process by which an adequately wet condition is
achieved is by using a dispenser or water hose with a nozzle that permits the
use of a fine, low-pressure spray or mist.
(3) AMENDED WATER is water to which a chemical wetting agent or
surfactant has been added to improve penetration into ACM.
(4) ASBESTOS is the asbestiform varieties of serpentine (chrysotile), riebeckite
(crocidolite), cummingtonite-grunerite (amosite), anthophyllite, actinolite or
tremolite.
1403 - 1
Rule 1403 (Cont.)
(Amended AprilS, 1994)
(5) ASBESTOS-CONTAINING MATERIAL (ACM) is both friable asbestos-
containing material or Class I nonfriable asbestos-containing material.
(6) ASBESTOS-CONTAINING WASTE MATERIAL (ACWM) is any waste
that contains commercial asbestos and that is generated by a source subject
to the provisions of this rule. ACWM includes, but is not limited to, ACM
which is friable, has become friable, or has a high probability of becoming
friable, or has been subjected to sanding, grinding, cutting, or abrading, and
the waste generated from its disturbance, such as asbestos waste from
control devices, particulate asbestos material, asbestos slurries, bags or
containers that previously contained asbestos, used asbestos-contaminated
plastic sheeting and clothing, and clean-up equipment waste, such as cloth
rags or mop heads.
(7) ASBESTOS HAZARD EMERGENCY RESPONSE ACT (AHERA) is the
act which legislates asbestos-related requirements for schools (40 CFR 763,
Subpart E).
(8) CLASS I NONFRIABLE ASBESTOS-CONTAINING MATERIAL is
material containing more than one percent (I %) asbestos as determined by
paragraph (h)(2), and that, when dry, can be broken, crumbled, pulverized,
or reduced to powder in the course of demolition or renovation activities.
Actions which may cause material to be broken, crumbled, pulverized, or
reduced to powder include physical wear and disturbance by mechanical
force, such as, but not limited to, sanding, sandblasting, cutting or abrading,
improper handling or removal or leaching of matrix binders. Class I
nonfriable asbestos-containing material includes, but is not limited to,
fractured or crushed asbestos cement products, transite materials, mastic,
roofing felts, roofing tiles, cement water pipes and resilient floor covering.
(9) CLASS II NONFRIABLE ASBESTOS-CONTAINING MATERIAL is all
other material containing more than one percent (I %) asbestos as determined
by paragraph (h)(2), that is neither friable nor Class I nonfriable.
(10) COMMERCIAL ASBESTOS is any material containing asbestos that is
extracted from asbestos ore.
(I I) CUTTING is penetrating with a sharp-edged instrument and includes sawing,
but does not include shearing, slicing, or punching.
(12) DEMOLITION is the wrecking or taking out of any load-supporting
structural member of a facility and related handling operations or the
intentional burning of any facility.
1403 - 2
Rule 1403 (Cont.)
(Amended AprilS, 1994)
(13) EMERGENCY DEMOLITION is any demolition or remedial action under
order of a state or local governmental agency. Such an order is generally
issued for a structurally unsound facility in danger of imminent collapse.
(14) EMERGENCY RENOVATION is any renovation that was not planned and
results from a sudden unexpected event that results in unsafe conditions.
Such events include, but are not limited to, renovations necessitated by non-
routine failures of equipment, earthquake or fire damage.
(15) ENCAPSULATION is the treatment of ACM with a material that surrounds
or embeds asbestos fibers in an adhesive matrix to prevent the release of
fibers, as the encapsulant creates a membrane over the surface (bridging
encapsulant) or penetrates the material and binds its components together
(penetrating encapsulant).
(16) FACILITY is any institutional, commercial, public, industrial or residential
structure, installation, or building; any ship; and any active waste disposal
site.
(17) FACILITY COMPONENT is any part of a facility including equipment.
(18) FRIABLE ASBESTOS-CONTAINING MATERIAL is material containing
more than one percent (1%) asbestos as determined by paragraph (h)(2),
that, when dry, can be crumbled, pulverized, or reduced to powder by hand
pressure.
(19) GLOVEBAG is a sealed compartment with attached inner gloves used for
handling ACM. When properly installed and used, glove bags provide a
small work area enclosure used for small-scale asbestos stripping operations.
Information on glovebag installation, equipment, and supplies, and work
practices is contained in the Occupational Safety and Health Administration's
final rule on occupational exposure to asbestos (Appendix G to 29 CFR
1926.58).
(20) HIGH EFFICIENCY PARTICULATE AIR (HEPA) FILTER is a filter
capable of trapping and retaining at least 99.97 percent ofall monodispersed
particles of 0.3 micrometer in diameter or larger.
(2 I) INST ALLA TION is any building or structure or any group of buildings or
structures at a single demolition or renovation site that are under the control
of the same owner or operator (or owner or operator under central control).
(22) ISOLATED WORK AREA is the immediate enclosed containment area in
which the asbestos abatement activity takes place.
1403 - 3
Rule 1403 (Cont.)
(Amended April 8, 1994)
(23) LEAK-TIGHT is the condition whereby any contained solids or liquids are
prevented from escaping or spilling out.
(24) NONSCHEDULED RENOVATION OPERATION is a renovation
operation necessitated by the routine failure of equipment, which is expected
to occur within a given calendar year based on past operating experience, but
for which an exact date cannot be predicted.
(25) OUTSIDE AIR is air outside of the facility or outside of the isolated work
area.
(26) OWNER or OPERA TOR OF A DEMOLITION OR RENOVATION
ACTIVITY is any person who owns, leases, operates, controls or supervises
activities at the facility being demolished or renovated; the demolition or
renovation operation; or both.
(27) PERSON is any individual, firm, association, organization, partnership,
business, trust, corporation, company, contractor, supplier, installer, user or
owner, or any state or local goveroment agency or public district or any
other officer or employee thereof. PERSON also means the United States or
its agencies to the extent authorized by Federal law.
(28) PLANNED RENOVATION is a renovation operation, or a number of such
operations, in which the amount of ACM that will be removed or stripped
within a given period of time can be predicted. Individual nonscheduled
renovation operations are included if a number of such operations can be
predicted to occur during a given period of time based on operating
experience.
(29) PROJECT is any renovation or demolition activity, including site preparation
and clean-up activity.
(30) REMOVAL is the taking out of ACM or facility components that contain or
are covered with ACM from any facility.
(31) RENOVATION is the altering of a facility or the, removing or stripping of
one or more facility components in any way, including, but not limited to, the
stripping or removal of ACM from facility components, retrofitting for fire
protection, and the installation or removal of heating, ventilation, air
conditioning (HV AC) systems. Activity involving the wrecking or taking out
of load-supporting structural members are demolitions.
(32) RESIDENTIAL SINGLE UNIT DWELLING is a structure that contains
only one residential unit. Apartment buildings, townhouses, and
condominiums are not residential single unit dwellings.
1403 - 4
Rule 1403 (Cont.)
(Amended AprilS, 1994)
(33) RESILIENT FLOOR COVERING is asbestos-containing floor tile, including
asphalt and vinyl floor tile, and sheet vinyl floor covering containing more
than one percent (1%) asbestos as determined by paragraph (h)(2).
(34) STRIPPING is the taking off of ACM from any part of a facility or facility
component.
(35) STRUCTURAL MEMBER is any load-supporting member of a facility, such
as beams and load-supporting walls; or any non load-supporting member,
such as ceilings and nonIoad-supporting walls.
(36) WASTE GENERA TOR is any person who owns or operates a source
subject to the provisions of this rule according to section (b), and whose act
or process produces ACWM.
(37) WASTE SHIPMENT RECORD is the shipping document, required to be
originated and signed by the waste generator, used to track and substantiate
the disposition of ACWM as specified by the provisions of subdivision (t).
(38) WORKING DAY is Monday through Friday and includes holidays that fall
on any of the days Monday through Friday.
(d) Requirements
A person subject to this rule shall prevent emissions of asbestos to the outside air
by complying with the following requirements:
(l) Demolition and Renovation Activities
The owner or operator of any demolition or renovation activity shall comply
with the following requirements:
(A) Facility Survey
The affected facility or facility components shall be thoroughly
surveyed for the presence of asbestos prior to any demolition or
renovation activity. The survey shall include the inspection,
identification, and quantification of all friable, and Class I and Class II
non-friable asbestos-containing material, and any physical sampling of
materials. The survey shall be documented with the following
information:
(i) The name, address, and telephone number of the person who
conducted the survey;
1403 - 5
Rule 1403 (Cont.) (Amended AprilS, 1994)
(ii) A written statement of the qualifications of the person who
conducted the survey, demonstrating compliance with
paragraph (i)(4);
(iii) The dates the survey was conducted;
(iv) A listing of all suspected materials containing any asbestos and
samples taken;
(v) The name, address, and telephone number of any laboratory
used to conduct analyses of materials for asbestos content; and
(vi) A statement of qualification of the laboratory which conducted
the analyses, demonstrating compliance with paragraph (h)(2).
(vii) A list of the test methods used, demonstrating compliance with
subdivision (h), including sampling protocols and laboratory
methods of analysis, test data, and any other information used
to identifY or quantifY any materials containing asbestos.
(viii) Persons conducting asbestos surveys in accordance with
subparagraph (d)(I)(a) shall be certified by Cal/OSHA pursuant
to regulations required by subdivision (b) of Section 9021.5 of
the Labor Code, and shall have taken and passed an EPA-
approved Building Inspector Course and conform to the
procedures outlined in the Course.
(B) Notification
The District shall be notified of the intent to demolish or renovate any
facility. Notifications shall be submitted on District-approved forms,
and shall be provided in accordance with the following requirements:
(i) Time Schedule
(I) Demolition or Renovation Activities
The District shall be notified by typewritten notification
postmarked or delivered no later than 10 working days
before any demolition or renovation activities other than
emergency demolition, emergency renovation, or planned
renovations involving individual nonscheduled renovation
operations begin.
(II) Planned Renovation - Annual Notification
The District shall be notified by typewritten notification
postmarked or delivered by December 17 of the year
1403 - 6
Rule 1403 (Cont.)
(Amended AprilS, 1994)
preceding the calendar year for which notice is being
given for planned renovation activities which involve
individual nonscheduled renovation operations.
(III) Emergency Demolition or Renovation
The District shall be notified by telephone, as soon as
possible, but prior to any emergency demolition or
renovation activity. The telephone notification shall be
confirmed with a follow-up typewritten notification to the
District postmarked or delivered within 48 hours of the
telephone notification or the following business day.
(ii) Telephone and Written Notification Required Information
All telephone and written notifications shall include the
following information:
(I) An indication of whether the notice is the original or a
revised notification;
(II) Name, address and telephone number of both the owner
and operator of the facility, supervising person, and the
asbestos removal contractor, owner or operator;
(III) Address and location of the facility to be demolished or
renovated and the type of operation: demolition or
renovation;
(IV) Description of the facility or affected part of the facility to
be demolished or renovated including the size (square
meters or square feet and number of floors), age, and
present or prior uses of the facility;
(V) The specific location of each renovation or demolition at
the facility and a description of the facility components or
structural members contributing to the ACM to be
removed or stripped from the facility;
(VI) Scheduled project starting and completion dates of
demolition or renovation. Notifications shall also include
the ACM removal starting and completion dates for
demolition or renovation; planned renovation activities
1403 - 7
Rule 1403 (Cont.)
(Amended April 8, 1994)
involving individual nonscheduled renovation operations
need only include the beginning and ending dates of the
report period as described in subclause (d)(I)(B)(i)(I1);
(VII) Brief description of work practices and engineering
controls to be used to comply with this rule, including
asbestos removal and waste handling emission control
procedures;
(VlII) A separate estimate for each of the amounts of friable,
Class I, and Class II nonfriable asbestos-containing
material to be removed from the facility in terms of length
of pipe in linear feet, surface area in square feet on other
facility components, or volume in cubic feet if off the
facility components. The total as equivalent surface area
in square feet shall also be reported;
(IX) Name and location of waste disposal site where ACWM
will be deposited.
Telephone notifications may consist of a combination of
verbally and electronically communicated information if the
electronic portion is transmitted and received in a legible,
District -approved format.
(iii) Written Notification Additional Required Information
All written notifications shall include the following additional
information:
(I) Description of procedures to be followed in the event that
unexpected ACM is found or Class II nonfriable asbestos-
containing material becomes crumbled, pulverized, or
reduced to powder;
(II) California State Contractors License Certification number;
(III) CaVOSHA Registration number;
(IV) Name and location address of off-site storage area for
ACWM;
(V) Name, address, and telephone number of transporters
used to transport ACWM off-site;
1403 - 8
Rule 1403 (Cont)
(Amended April 8, 1994)
(VI) Procedures, including analytical methods, used to detect
the presence of friable and nonfriable asbestos-containing
material; and
(VII) Signed certification that at least one person trained as
required in subparagraph (d)(I)(G) will supervise the
stripping and removal described by this notification.
(iv) Emergency Demolition Additional Information
Telephone and written notification of all emergency demolition
activities shall include the following additional information:
(I) The agency, name, title, telephone number and authority
of the representative who ordered the emergency
demolition; and
(II) A copy of the order, and the date on which the demolition
was ordered to begin.
(v) Emergency Renovation Additional Information
Telephone and written notification of all emergency renovation
activities shall include the following additional information:
(I) The name and phone number of the responsible manager
or authorized person who is in charge of the emergency
renovation; and
(II) The date and hour that the emergency occurred, a
description of the sudden, unexpected event, and an
explanation of how the event caused an unsafe condition,
or would cause equipment damage or an unreasonable
financial burden.
(vi) Notification Updates
All written notifications shall be updated when any of the
following conditions arise:
(I) Change in Quantity of Asbestos
A change in the quantity of affected asbestos of 20
percent or more from the notified amount shall be
reported to the District by telephone, or by facsimile, as
1403 - 9
Rule 1403 (Cont.)
(Amended April 8, 1994)
soon as the information becomes available. The
telephone, or facsimile, notification shall be followed by a
typewritten notification to the District, postmarked or
delivered within 48 hours or the following business day.
(II) Later Starting Date
A delay in the starting date of any demolition or
renovation activity shall be reported to the District by
telephone as soon as the information becomes available.
The telephone notification shall be followed by a
typewritten notification to the District submitted as soon
as possible and postmarked no later than the original start
date.
(III) Earlier Starting Date
A change in the starting date of any demolition or
renovation activity to an earlier starting date shall be
reported to the District by typewritten notification,
postmarked no later than I 0 working days before any
demolition or renovation activities begin.
(IV) Completion Date Change
Planned changes in the completion date shall be reported
to the District by typewritten notification, postmarked at
least 2 calendar days before the original scheduled
completion date. In the event planned renovations or
demolitions are delayed or completed ahead of schedule,
the District shall be notified by telephone, as soon as
possible, but no later than the following business day. The
telephone notifications shall be followed by typewritten
notification to the District postmarked or delivered, within
48 hours of the telephone notification or the following
business day.
(V) Planned Renovation Progress Report
Notifications for on-going planned renovation operations
in which the scheduled starting and completions dates are
more than 1 year apart shall be updated, by typewritten
1403 - 10
Rule 1403 (Cont.)
(Amended April 8, 1994)
notification, postmarked or delivered every year of
operation by December 17, unless the most recent written
notification update was postmarked or delivered after
October I of that year. The amount of ACM removed
and the amount of ACM remaining to be removed shall be
reported.
(C) Asbestos Removal Schedule
Material containing asbestos shall be removed from a facility
according to the following schedule:
(i) Burning Demolitions
All ACM and Class II asbestos-containing material shall be
removed from a facility prior to any demolition by intentional
burning.
(ii) Renovations and Non-Burning Demolitions
All ACM shall be removed from a facility being demolished or
renovated before any non-burning demolition or renovation
activity begins that would break up, dislodge, or similarly
disturb the material or preclude access to the material for
subsequent removal. ACM not accessible for testing or not
discovered until after demolition activities begin may be
removed after the start of non-burning demolition activities.
Notwithstanding the above, asbestos-containing packings,
gaskets, resilient floor covering, and asphalt roofing products
which are not friable and are not crumbled, cut, abraded, or
otherwise not damaged and in good condition, may be removed
after the start of non-burning demolition activities if prior
approval from the District is obtained (Procedure 5). If the
demolition activity involves any mechanical force such as, but
not limited to, sanding, sandblasting, cutting, or abrading and
thus would render the materials friable, they must be removed
prior to demolition.
(D) Removal Procedures
One or more of the following procedures shall be used when
removing or stripping ACM:
1403 - 11
Rule 1403 (Cont.) (Amended April 8, 1994)
(i) Procedure I - HEPA Filtration
Remove ACM within an isolated work area. The following
techniques shall be used during Procedure I ACM removal
activities:
(I) All stationary objects and surfaces not intended for
removal or stripping of ACM shall be covered with
plastic sheeting;
(II) All air passageways, such as doors, windows, vents
and registers in the work area, shall be covered and
rendered air tight with plastic sheeting or hard wooden
barriers with studded support. Air passageways used
to provide makeup air for the isolated work space
need not be covered;
(III) All sources of air movement, including the air-
handling system, shall be shut off or temporarily
modified to restrict air movement into the work zone;
(IV) The barriers used for the construction of the isolated
work area shall be equipped with transparent viewing
ports which allow outside observation of all stripping
and removal of ACM;
(V) The isolated work area shall be vented, with negative
air pressure to a HEP A filtration system, which shall
be operated continuously from the commencement of
removal activities through the final clean-up of the
work area;
(VI) The HEP A filter shall be free of tears, fractures, holes
or other types of damage and shall be securely latched
and properly situated in the holding frame to prevent
air leakage from the filtration system; and
(VII) ACM shall be adequately wet during the removal
process.
(ii) Procedure 2 - Glovebag
1403 - 12
Rule 1403 (Cont.)
(Amended AprilS, 1994)
Remove by the glove bag method or minienclosures designed
and operated according to 29 CFR Section 1926.58,
Appendix G, and current Cal/OSHA requirements.
(iii) Procedure 3 - Adequate Wetting
Remove ACM using the following techniques:
(I) All exposed ACM shall be adequately wet during
cutting or dismantling procedures.
(II) ACM shall be adequately wet while it is being
removed from facility components and prior to its
removal from the facility.
(III) Drop cloths and tenting shall be used to contain the
work area to the extent feasible.
(iv) Procedure 4 - Dry Removal
Obtain written approval from the Executive Officer's designee
prior to using dry removal methods for the control of asbestos
emissions when adequate wetting procedures in the
renovation work area would unavoidably damage equipment
or present a safety hazard. Dry removal methods may include
one or more of the following:
(I) Use of a HEP A filtration system, operated in
accordance with clause (d)( I )(D)(i), within an isolated
work area;
(II) Use of a glovebag system, operated in accordance
with clause (d)(1 )(D)(ii); or
(III) Use of leak-tight wrapping or an approved alternative,
to contain all ACM removed in units or sections prior
to dismantlement.
(v) Procedure 5 - Approved Alternative
Use an alternative combination of techniques and/or
engineering contro Is. Written approval from the Executive
Officer or his designee shall be obtained prior to the use of
Procedure 5 ACM removal activities.
(E) Handling Operations
1403 - 13
Rule 1403 (Cont.)
(Amended AprilS, 1994)
All ACWM shall be collected and placed in leak-tight containers or
wrapping. Such containers or wrappings shall be transparent no later
than August 12, 1994. The following techniques shall be used:
(i) ACM shall be carefully lowered to the ground or a lower
floor without dropping, throwing, sliding, or otherwise
damaging or disturbing the ACM;
(ii) ACM which has been removed or stripped more than 50 feet
above ground level and was not removed as units or in
sections shall be transported to the ground via leak-tight
chutes or containers;
(iii) ACWM shall be collected and sealed in leak-tight containers.
ACWM shall be adequately wet prior to and during collection
and packaging. Alternatively, areas of Class I nonfriable
asbestos-containing material which have become friable or
have been subjected to sanding, grinding, cutting, or abrading,
may be sealed via encapsulation; and
(iv) All surfaces in the isolated work area shall be cleaned, with a
vacuum system utilizing HEP A filtration, wet mopping and
wipe down with water, or by an equivalent methods, prior to
the dismantling of plastic barriers or sealed openings within
the work area.
(F) Freezing Temperature Conditions
When the temperature at the point of wetting is below OOC (320F),
the wetting provisions of subparagraph (d)(I)(D) or (d)(I)(F) shall be
superseded by the following requirements:
(i) Facility components containing, coated with, or covered with
ACM shall be removed as units or in sections to the maximum
extent possible; and
(ii) The temperature in the area containing the facility
components shall be recorded at the beginning, middle, and
end of each workday during periods when wetting operations
are suspended due to freezing temperatures. Daily
temperature records shall be available for inspection by the
District during normal business hours at the demolition or
renovation site. Records shall be retained for at least 2 years.
1403 - 14
Rule 1403 (Cont.) (Amended April 8, 1994)
(0) On-Site Representative
At least olle on-site representative, such as a foreman, manager, or
other authorized representative, trained in accordance with the
provisions of paragraphs (i)(l) and (i)(3), shall be present during
the stripping, removing, handling, or disturbing of ACM. Evidence
that the required training has been completed shall be posted at the
demolition or renovation site and made available for inspection by
the Executive Officer's designee.
(H) On-S ite Proof
On-site proof of the following shall be provided upon request:
(i) California State Contractor's License certification number;
and
(ii) Cal/OSHA Registration number.
Proof shall be consistent with the most recently updated
information submitted in the notification.
(I) On-Site Storage
On-site stomge of leak-tight containers shall be maintained within
an enclosed stomge area prior to transportation. Contents of the
stomge containers shall not be accessible to the geneml public and
shall be locked when not in use.
(J) Disposal
All ACWM shall be disposed of at a waste disposal site that is
opemted in accordance with pamgraph (d)(3) of this rule.
(K) Container Labelling
Leak-tight containers which contain ACWM shall be labelled as
specified in subdivision (e).
(L) Transportation Vehicle Marking
Vehicles used to transport ACWM shall be marked, as specified in
subdivision (e), during the loading and unloading of ACWM.
(M) Waste Shipment Records
Waste Shipment Records shall be prepared and handled in
accordance with the provisions of paragraph (f)(I).
(N) Recordkeeping
1403 - 15
Rule 1403 (Cont.)
(Amended April 8, 1994)
Records shall be kept as specified in subdivision (g).
(2) ACWM Storage Facilities
The owner or operator of any ACWM storage facility shall comply with the
following requirements:
(A) Maintenance and Handling
(i) ACWM shall be stored in leak-tight containers;
(ii) All leak-tight containers shall be labelled as specified in
paragraph (e)(l); and
(Hi) ACWM shall be stored in an enclosed locked area.
(B) Transportation Vehicle Marking
Vehicles used to transport ACWM shall be marked, as specified in
paragraph (e)(3), during the loading and unloading of ACWM.
(C) Waste Shipment Records
Waste Shipment Records shall be handled in accordance with the
provisions of paragraph (f)(2).
(D) Recordkeeping
Records shall be maintained as specified in paragraph (g)(2).
(3) Active Waste Disposal Sites
The owner or operator of any waste disposal site where ACWM is being
deposited shall comply with the following requirements:
(A) Maintenance and Handling
(i) ACWM shall be in leak-tight containers;
(H) Warning signs, as specified in paragraph (e)(2), shall be
displayed at all entrances and at intervals of 330 feet or less
along the property line of the site or along the perimeter of
the sections of the site where ACWM is being deposited;
(iii) Access to the general public shall be deterred by maintaining a
fence along the perimeter of the site or by using a natural
barrier;
(iv) All ACWM shall be maintained in a separate disposal section;
(v) ACWM deposited at the site shall be covered with at least six
(6) inches of nonasbestos-containing material at the end of
normal business hours. The waste shall be compacted only
1403 - 16
Rule 1403 (Coot.) (Amended April 8, 1994)
after it has been completely covered with nonasbestos-
containing material. A low pressure water spray or nontoxic
dust suppressing chemical shall be used for any surface
wetting after compaction; and
(vi) ACWM shall be covered with a minimum of an additional
thirty (30) inches of compacted nonasbestos-containing
material prior to final closure of the waste disposal site, and
shall be maintained to prevent exposure of the ACWM.
(B) Transportation Vehicle Marking
Vehicles used to transport ACWM shall be marked, as specified in
paragraph (e)(3), during the loading and unloading of ACWM.
(C) Waste Shipment Records
Waste Shipment Records shall be handled in accordance with the
provisions of paragraph (0(2).
(D) Recordkeeping
Records shall be maintained as specified in paragraph (g)(3).
(e) Warning Labels, Signs, and Markings
Warning labels, signs, and markings used to identify asbestos-related health
hazards shall comply with the following requirements:
(I ) Leak-Tight Containers
Leak-tight containers shall be labelled according to the following
requirements:
(A) Warning labels for leak-tight containers and wrapping shall have
letters of sufficient size and contrast as to be readily visible and
legible, and shall contain the following information, or as specified
by Occupational Safety and Health Standards of the Department of
Labor, Occupational Safety and Health Administration (OSHA)
under 29 CFR 1910.10010)(2) or 1926.58(k)(2)(iii), or current
Cal/OSHA requirements:
1403 - 17
Rule 1403 (Cont.)
(Amended April 8, 1994)
CAUTION
Contains Asbestos Fibers
Avoid Opening or Breaking Container
Breathing Asbestos is Hazardous to Your Health
or
DANGER
CONTAINS ASBESTOS FmERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD
(B) Leak-tight containers that are transported off-site shall be labeled
with the name of the waste generator and the location at which the
waste was generated.
(2) Active Waste Disposal Sites
Warning signs for active waste disposal sites shall:
(A) Be displayed in such a manner and location that a person can easily
read the legend;
(B) Conform to the requirements for 51 cm x 36 cm (20 inch x 14 inch)
upright format signs specified in 29 CFR 1910.145 (d)(4) and this
paragraph;
(C) Display the following legend in the lower panel with letter sizes and
styles of a visibility at least equal to those specified in this
subparagraph:
1403 - 18
Rule 1403 (Cont.)
(Amended April 8, 1994)
Lellend Notation
2.5 cm (I inch) Sans Serif,
Asbestos Waste Disposal Site
Gothic or Block
.9 cm (3/4 inch) Sans Serif,
Do Not Create Dust
Gothic or Block
BreathiDl! Asbestos is Hazardous to Your Health 14 Point Gothic
; and
(D) Have spacing between any two lines at least equal to the height of
the upper of the two lines.
(3) Transportation Vehicles
Markings for transportation vehicles shall:
(A) Be displayed in such a manner and location that a person can easily
read the legend;
(B) Conform to the requirements for 51 cm x 36 cm (20 inch x 14 inch)
upright format signs specified in 29 CFR 1910.145 (d)(4) and this
paragraph; and
(C) Display the following legend in the lower panel with letter sizes and
styles of a visibility at least equal to those specified in this
paragraph:
Legend Notation
2.5 cm (1 inch) Sans Serif,
DANGER
Gothic or Block
2.5 cm (I inch) Sans Serif,
ASBESTOS DUST HAZARD
Gothic or Block
.9 cm (3/4 inch) Sans Serif,
CANCER AND LUNG DISEASE HAZARD
Gothic or Block
Authorized Personnel Onlv 14 Point Gothic
1403 - 19
Rule 1403 (Cont.) (Amended AprilS, 1994)
; and
(D) Have spacing between any two lines at least equal to the height of
the upper of the two lines.
(f) Waste Shipment Records
Waste Shipment Records shall be prepared and handled in accordance with the
following:
(1 ) Waste Generators
A waste generator shall comply with the following:
(A) Waste shipment information shall include. but not be limited to, the
following:
(i) The name, address, and telephone number of the waste
generator;
(ii) The name, address, and telephone number of the South
Coast Air Quality Management District;
(iii) The quantity of ACWM in cubic meters or cubic yards;
(iv) The name and telephone number of the disposal site owner
and operator;
(v) The name and physical site location of the disposal site;
(vi) The date transported;
(vii) The name, address, and telephone number of the
transporter; and
(viii) A signed certification that the contents of this consignment
are fully and accurately described by proper shipping name
and are classified, packed, marked, and labeled, and in
proper condition for highway transport according to
applicable federal, state, and local regulations.
(B) A copy of the Waste Shipment Record shall be provided to the
disposal site owner or operator at the same time the ACWM is
delivered to the disposal site.
(C) If a copy of the Waste Shipment Record, signed by the owner or
operator of the designated disposal site. is not received within 35
days of the date the ACWM was accepted by the initial transporter,
the transporter and/or the owner or operator of the designated
disposal site shall be contacted to determine the status of the waste
shipment.
1403 - 20
Rule 1403 (Cont.)
(Amended April 8, 1994)
(D) If a copy of the Waste Shipment Record, signed by the owner or
operator of the designated disposal site, is not received within 45
days of the date the ACWM was accepted by the initial transporter,
a written report shall be submitted to the District and shall include
the following:
(i) A copy of the Waste Shipment Record for which a
confirmation of delivery was not received; and
(ii) A signed cover letter explaining the efforts taken to locate
the ACWM shipment and the results of those efforts.
(2) Storage and Active Waste Disposal Facilities
The owner or operator of any storage facility or active waste disposal site
shall comply with the following requirements:
(A) Waste shipment information shall be filled out on the Waste
Shipment Record forms provided by the waste generator, for all
ACWM received from an off-site facility, and shall include, but not
be limited to, the following:
(i) The name, address, and telephone number of the waste
generator;
(ii) The name, address, and telephone number of the
transporter;
(iii) The quantity of ACWM received in cubic meters or cubic
yards; and
(iv) The date of receipt.
(8) No shipment of ACWM shall be received from an off-site facility
unless it is accompanied with a Waste Shipment Record signed by
the waste generator.
(C) If there is a discrepancy between the quantity of ACWM designated
in the Waste Shipment Record and the quantity actually received,
and if the discrepancy cannot be resolved with the waste generator
within 15 days of the date the ACWM was received, a written
report shall be filed with the District. The report shall include the
following:
(i) A copy of the Waste Shipment Record; and
(ii) A signed cover letter explaining the discrepancy, and the
attempts to reconcile it.
1403 - 21
Rule 1403 (Cont.) (Amended AprilS, 1994)
(D) If any shipment of ACWM is not properly containerized, wrapped,
or encapsulated, a written report shall be filed with the District.
The report shall be postmarked or delivered within 48 hours after
the shipment is received, or the following business day.
(E) A signed copy of the Waste Shipment Record shall be provided to
the waste generator no later than 30 calendar days after the ACWM
is delivered to the disposal site.
(g) Recordkeeping
The following records shall be maintained for not less than three (3) years and
made available to the District upon request:
(1) Demolition and Renovation Activities
The owner or operator of any demolition or renovation activity shall
maintain the following information:
(A) A copy of all survey-related documents;
(B) A copy of all submitted notifications. A copy of the most recently
5pdated written notification submitted in accordance with the
provisions of this rule shall be maintained on-site;
(C) A copy of all permits, or written approvals obtained under the
requirements of subparagraph (d)(1 )(0);
(D) A copy of all Waste Shipment Records;
(E) All training informational materials used by an owner or operator to
train supervisors or workers for the purposes of this rule; and
(F) A copy of all supervisors and workers training certificates and any
annual reaccreditation records which demonstrate EPA-approved
or state accreditation to perform asbestos-related work.
(2) Storage Facilities
The owner or operator of any storage facility shall maintain a copy of all
Waste Shipment Records.
(3) Active Waste Disposal Sites
The owner or operator of an active waste disposal site shall maintain the
following information:
(A) A description of the active waste disposal site, including the specific
location, depth and area, and quantity, in cubic meters or cubic
1403 - 22
Rule 1403 (Cont.)
(Amended AprilS, 1994)
yards, of ACWM within the disposal site on a map or diagram of
the disposal area;
(B) A description of the methods used to comply with waste disposal
requirements; and
(C) A copy of all Waste Shipment Records.
(4) In lieu of the requirements of paragraph (g)(I), the owner or operator of a
renovation activity at any facility, in which less than 100 square feet of
surface area of ACM on facility components is removed or stripped, shall
maintain the following information:
(A) A copy of all survey-related documents;
(B) Records containing an estimate of the amount of ACM removed or
stripped at each renovation subject to this paragraph;
(C) Type of removal controls used for each renovation; and
(D) A copy ofall Waste Shipment Records.
(h) Sampling Protocols and Test Methods
(I) Sampling of materials suspected to contain asbestos shall be conducted
following the provisions of 40 CFR Part 763.107.
(2) Analysis of materials for asbestos shall be determined by using SCAQMD
Method 300-91 as detailed in the District's Laboratory Methods of
Analysis for Eriforcement Samples manual, or by using the Method
specified in Appendix A, Subpart F, 40 CFR Part 763, Section 1, Polarized
Light Microscopy.
Asbestos analyses performed to comply with this rule must be undertaken
by laboratories accredited by the National Voluntary Laboratory
Accreditation Program (NVLAP).
(i) Training Requirements
The owner or operator performing the demolition or renovation activity shall
provide asbestos-related training as follows:
(1) On-site supervisory personnel shall successfully complete the Asbestos
Abatement Contractor/Supervisor course pursuant to the Asbestos Hazard
Emergency Response Act (AHERA), and obtain and maintain accreditation
as an AHERA Asbestos Abatement Contractor/Supervisor.
(2) Workers shall successfuly complete the Abatement Worker course
pursuant to the AHERA.
1403 - 23
Rule 1403 (Cont.)
(Amended AprilS, 1994)
(3) Supervisory personnel and workers shall be trained on the provisions of
this rule as well as on the provisions of 40 CPR Part 61.145, 61.146,
61.147 and 61.152 (Asbestos NESHAP provisions) and Part 763, and the
means by which to comply with these provisions.
G) Exemptions
(I) The notification requirements of subparagraph (d)(I)(B) and the training
requirements of subdivision (i) shall not apply to renovation activities,
other than planned renovation activities which involve non-scheduled
renovation operations, in which less than 100 square feet of surface area of
ACM are removed or stripped.
(2) The notification requirements of subparagraph (d)(I )(B) and the training
requirements of subdivision (i) shall not apply to planned renovation
activities which involve non-scheduled renovation operations, in which the
total quantity of ACM to be removed or stripped within each calendar year
of activity is less than 100 square feet of surface area.
(3) Subparagraph (d)(I)(A)(v), (vi) and (vii) and subclause (d)(I)(B)(iii)(VI)
shall not apply to the owner or operator of any renovation or demolition
activity, when the suspected material is removed, stripped, collected, and
handled as ACM and disposed of in accordance with the provisions of this
rule.
(4) Subclauses (d)(I)(A)(viii), (d)(I)(B)(iii)(H), (d)(l)(B)(iii)(IU) and
subparagraph (d)(I )(H) requiring proof of Cal/OSHA Registration and
California State Contractors license certification shall not apply to persons
performing work not subject to the registration requirements under the
Labor Code, Section 6501.5 and Section 9021.5, and Business and
Professions Code, Section 7058.5, respectively.
(5) The provisions of subparagraph (f)(2)(E) shall not apply to storage
facilities that do not meet the definition of an active waste disposal site as
defined by paragraph roc I).
(6) The handling requirements of subclause (d)(I)(D)(i)(H), (d)(I)(D)(i)(V),
and (d)(I)(D)(i)(VI), the training requirements of paragraph (i)(I) and
(i)(2), the reporting of training certificate requirement of subclause
(d)(I)(B)(iii)(VlI), and the on-site proof of training requirement of
subparagraph (d)(l)(G) and subdivision (i) shall not apply to the exclusive
1403 - 24
Rule 1403 (Cont.)
(Amended AprilS, 1994)
removal of asbestos-containing packings, gaskets, resilient floor covering
and asphalt roofing products which are not friable, have not become friable,
and have not been subjected to sanding, grinding, cutting, or abrading.
(7) The provisions of this rule shall not apply to an owner-occupant of a
residential single-unit dwelling who conducts a renovation activity at that
dwelling.
(8) The survey requirements of subparagraph (d)(1 )(A) shall not apply to
renovation activities of residential single-unit dwellings in which less than
100 square feet of surface area of ACM are removed or stripped.
1403 - 25
EXHIBIT B
MITIGATION MONITORING AND REPORTING PROGRAM
RAWLINGS RESERVOIR REPLACEMENT PROJECT
MITIGATION MONITORING PROGRAM
Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15097(a), the
public agency that approves or carries out a project where a Mitigated Negative Declaration
(MND) has identified potential significant effects "shall adopt a program for monitoring or
reporting on the....measures it has imposed to mitigate or avoid significant environmental
effects." An MND has been prepared for the Rawlings Reservoir Replacement Project which
addresses the potential environmental impacts and. as appropriate. recommends measures to
mitigate these impacts. Recommended mitigation identified in the mitigation monitoring program
(MMP) include mitigation measures (MM), standard conditions (SC), and special conditions for
noise and hazardous materials as shown in the attached matrix. The City of Tustin, as lead
agency for the implementation of the Rawlings Reservoir Replacement Project, is responsible
for implementation of the MMP.
The MMP for the Rawlings Reservoir Replacement Project will be in place through construction
of the project or until all mitigation measures are implemented. The City of Tustin Department of
Pubic Works is the primary agency responsible.
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ATTACHMENT D
City Council Resolution No. 06-50
RESOLUTION NO. 06-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING DESIGN REVIEW 06-008 FOR THE
RAWLINGS RESERVOIR REPLACEMENT PROJECT AT
13331 FOOTHILL BOULEVARD.
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. That Design Review 06-008 is a City-initiated project that involves the
demolition of the existing 3.82 million gallon Rawlings Reservoir at 13331
Foothill Boulevard and the construction of two new 3.0 million gallon concrete
domestic water tanks within the same site. Also proposed is an off-site storm
drain connection within existing right-of-way adjacent to the site;
B. That a public meeting was duly called, noticed, and held for said project on
April 17, 2006, by the City Council;
C. That the proposed project is consistent with the Tustin General Plan in that
the property is designated as "Public/Institutional" and "Low Density
Residential" which provide for the establishment of public facilities. In
addition, the project has been reviewed for consistency with the Air Quality
Sub-Element of the City of Tustin General Plan and has been determined to be
consistent with the Air Quality Sub-Element;
D. Pursuant to Section 9272 of the Tustin City Code, the City Council finds that
the location, size, architectural features, and general appearance of the
proposed project will not impair the orderly and harmonious development of
the area, or the present or future development therein as a whole. In making
such findings, the Council has considered at least the following items:
1. Height, bulk, and area of buildings;
2. Setbacks and site planning;
3. Exterior materials and colors;
4. Type and pitch of roofs;
5. Size and spacing of doors, and other openings;
6. Roof structures;
7. Location, height, and standards of exterior illumination;
8. Landscaping, parking area design, and traffic circulation;
9. Location and appearance of equipment located outside an enclosed
structure;
10. Physical relationship of proposed structures to existing structures in
the neighborhood;
Resolution No. 06-50
Design Review 06-008
Page 2
11. Appearance and design relationship of proposed structures to
existing structures and possible future structures in the neighborhood
and public thoroughfares; and
12. Development guidelines and criteria as adopted by the City Council.
E. A Mitigated Negative Declaration has been prepared for this project in
accordance with the provisions of the California Environmental Quality Act
(CEQA) and recommended for approval by the City Council.
II. The City Council hereby approves Design Review 06-008, subject to the Mitigation
Measures in the Mitigation Monitoring and Reporting Program, which is Exhibit B to
. City Council Resolution No. 06-49, and subject to the condition that all applicable
State, regional, and local agency permits are obtained.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the
1ih day of April, 2006.
DOUG DAVERT
Mayor
Pamela Stoker
City Clerk
Resolution No. 06-50
Design Review 06-008
Page 3
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 06-50
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 06-50 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 1th day of April,
2006, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pamela Stoker, City Clerk