Existing Site Issues & Site Certification. Presented By: Jim Bush President, School Site Solutions, Inc. (916)

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1 Existing Site Issues & Site Certification Presented By: Jim Bush President, School Site Solutions, Inc. (916) Outline CDE Site Approval for Existing Sites CDE Site Certification CEQA / DTSC Facility Hardship Examples 2

2 Site Approval for Existing Site: Example 1 Charter School Background Existing portable charter school with 28 classrooms Located on a community college site for the past 10 years Applied for SFP funds through the local high school district with the district s eligibility Project would replace the entire 28 portable classrooms and construct 36 new modular classrooms 3 Site Approval for Existing Site: Example 1 Charter School Started DSA and CDE approvals in October 2008 OPSC deadline was February 15, 2009 Just 4 ½ months Site was 4.25 acres or 18.97% of CDE recommended site size 4

3 Site Approval for Existing Site: Example 1 Charter School Requirements CDE Approvals Site was considered existing since it was on a community college site for the past 10 years Needed Plan Approval Needed School Site Certification SFPD 4.07 Form Requirements Geologic Hazards Evaluation DTSC Phase I ESA No Further Action determination 5 Site Approval for Existing Site: Example 1 Charter School SFPD 4.07 Form Requirements, cont d Pipeline Risk Assessment for natural gas pipeline Earthquake fault line study revealed three (3) lineaments that were shown passing through the Site CEQA Exemption Joint Use agreement with community college district and high school district (30 year) including school site and joint use parking and playfields Needed Small School Site Worksheet and PE Justification Needed DSA approved plans in 4 ½ months 6

4 Site Approval for Existing Site: Example 1 Charter School Major Issues Community college Joint Use Agreement with the high school district to be approved by both boards The 3 lineaments indentified from old maps on the Site A second opinion was obtained from another Civil Engineer, however, results were inconclusive without trenching DSA approved plans DSA approved the plans with a condition to investigate the lineament issue within 6 months 7 8

5 Site Approval for Existing Site: Example 1 Charter School Major Issues, cont d. CDE approved the plans subject to DSA plan approval Trenching was done in March 2009 with no evidence of lineaments DSA and CDE revised their approval letters OPSC applications were submitted Funding pending bonds 9 Site Approval for Existing Site: Example 2 Master Planned Projects Background District has had two successful bonds the past 4 years to modernize and to construct new facilities on 18 existing schools. The projects for each site have been broken down into 3 to 5 phases. Based on the phasing plans, 13 of the 18 school site projects required a Mitigated Negative Declaration (MND) to satisfy CEQA. Since the District was planning on using State funding on their projects, DTSC approval was required on the 13 projects. 10

6 Example 2: Master Planned Projects Environmental Reports on Existing Marysville JUSD Sites Beginning Dec Site Approval for Existing Site: Example 2 Master Planned Projects DTSC Approval Issues 13 projects with Phase I ESAs 3 projects received No Further Action (NFA) letters from DTSC at the Phase I ESA stage 10 projects required PEAs or PEA equivalents 4 projects were required to have naturally occurring asbestos tests OCPs from termiticides and lead based paint tests were required on all 10 projects 5 of the 10 sites had suspected underground storage tanks. One site needed a tank removal. 12

7 Site Approval for Existing Site: Example 2 Master Planned Projects Dobbins Elementary School Small foothills school CEQA MND completed Environmental Hazards Evaluation completed DTSC Phase I ESA PEA for NOA, lead based paint, OCPs, UST, PCBs UST removal required and cleanup Partial site approval obtained to start Phase I ESA for multipurpose room Full DTSC approval still pending 13 Site Approval for Existing Site: Example 2 Master Planned Projects Costs CEQA - $15,000 Environmental Hazards - $5,000 DTSC studies and cleanup - $154,000 Not including DTSC oversight costs 14

8 15 Site Approval for Existing Site: Example 2 Master Planned Projects Marysville High School CEQA MND completed Environmental Hazards Evaluation completed DTSC: Requested expedited review in order to construct the science building DTSC worked with the District Technical memorandum completed to identify OCPs, lead based paint, PCB testing and possible UST No issues found 16

9 Site Approval for Existing Site: Example 2 Master Planned Projects DTSC, cont d DTSC issued form 4.14 which enabled the District to get started PEA on remaining site with testing completed PEA report submitted Costs CEQA - $20,000 Environmental Hazards - $5,000 DTSC studies - $55,000 Not including DTSC oversight 17 18

10 Site Approval for Existing Site: Example 2 Master Planned Projects Conclusion CEQA determinations are important to the process Multiple phases for school site reconstruction should be considered DTSC sign off on State funded projects required when filing a Negative Declaration or EIR DTSC sign-off not required on projects exempt from CEQA (minor additions or modernization) Self certification on site safety issues may require environmental safety studies in order to be complete Budget additional time and funds to complete DTSC approval on existing sites. 19 CDE Requirements for Site Certification Construction on Existing School Site No addition of property to the site = No site approval required CDE requires plan approval for all State funded projects Application SFPD 4.07 or 4.08B (new construction or modernization) CEQA compliance Categorical exemptions (CEQA Guidelines 15300) Cumulative impact issues Facility additions to a campus over a period of time 20

11 CDE Requirements: CEQA Categorical Exemptions Types of Categorical Exemptions (CEQA Guidelines 15300) Class 14 minor additions to existing school sites that does not increase original student capacity by more than 25% or 10 classrooms, whichever is less Class 1 repair, maintenance, minor alterations, small additions to existing structures Class 2 replacement/reconstruction of existing school which maintains the same purpose and capacity 21 CDE Requirements: CEQA Categorical Exemptions Modernization projects are usually exempt Filing exemptions File Notice of Exemption (NOE) with the County Clerk 30-day statutes of limitations Signed by designated CEQA representative in the District Reporting exemptions to the Board is advisable 22

12 23 CDE Requirements: CEQA If your project exceeds 10 classrooms or a 25% increase in site capacity, you may not be able to file an exemption (legal advice) The next level of CEQA would require either a Negative Declaration/Mitigated Negative Declaration or an EIR Initial Study Public distribution 30 to 45 days State Clearing House review Local agency review Board hearing and adoption of resolution Filing Notice of Determination with County Clerk Recommend professional assistance Time required could take 6 to 8 months, however, it depends on the project issues. 24

13 CDE Requirements: DTSC DTSC Clearance (State funded projects submitted to CDE) Negative Declaration or EIR completed Not required for any modernization or new construction if District certifies it has determined the project to be a minor addition to a school that is eligible for a statutory or categorical exemption (Ed Code 17268(c)) 25 CDE Requirements: DTSC DTSC Clearance, cont d. All other new construction must certify that DTSC has determined No Action on Phase I, NFA on PEA, or completed Response Action (unless SFPD 4.14 or 4.15 is in place) 4.14 Lead based paint and termiticide issues 4.15 The project is located on a site with DTSC issues; the District commits to DTSC requirements before occupying project 26

14 CDE Requirements: DTSC Issues identified on existing sites that can cause concerns for DTSC: Review only the portion of the site where improvements are being made Lead based paint and termiticides from old buildings to be improved or demolished Old underground fuel tanks not properly removed poor records might require an investigation Naturally Occurring Asbestos (NOA) within 10 miles of a known source of asbestos (i.e. ultramafic rocks) PCB s from transformers 27 CDE Requirements: DTSC Naturally occurring arsenic All past uses on the site (50+ years) Agricultural uses requiring pesticide testing Activities on adjacent sites such as service stations with leaking tanks Expense Phase I = $5,000 Phase I equivalent = $15,000 PEA = $30,000 + Time (4 to 8 months) No CDE approval until DTSC is completed Upon request, DTSC will work with districts on a faster timeline 28

15 Existing Site Certification Districts constructing additional buildings or replacing existing buildings on an existing school site must (for State funded sites): Certify the review of California Code of Regulations, Title 5 standards for school construction/replacement project, and The project will not create any new significant safety hazards or exacerbate any existing safety hazards to students 29 Existing Site Certification CA Code of Regulations, Title 5, Section 14010: c) Power lines/electromagnetic fields d) Within 1,500 feet of a railroad e) Traffic noise f) Active fault or fault trace g) Flood or inundation area h) Near an above ground water or fuel storage tank or within 1,500 feet of a pipeline, which can pose a safety hazard i) Liquefaction / landslides l) Traffic / Pedestrian safety m) Compatible existing and proposed surrounding land uses q) Exposure to adverse light, wind, and air pollution r) Easements restricting access or building placement s) Within 2,000 feet of a significant disposal of hazardous waste Old school sites may need to have an environmental hazards study to address this issue Additional studies such as EMF or pipeline risk may be needed. 30

16 Facility Hardship To Qualify A clear and imminent threat to the health and safety of students must be demonstrated (including pipelines) Demonstrate an on-going need for the facility Concurrence of health and safety threat from agencies (letter agreeing with findings) State California Geological Survey County Environmental Health CDE concurrence 31 Facility Hardship Assessment of existing facility capacity Cost benefit analysis of alternatives Cost to mitigate greater than 50% of the replacement value constitutes a replacement project OPSC processing of application and working with them to answer all questions Initial State Allocation Board approval needed to proceed 32

17 Facility Hardship District has one year to show substantial progress in solving the problems once SAB approves the project Show plan and completion timeline to temporarily move students Site approval/dsa approval of construction plans Apply for construction funds OPSC and SAB will ask the District to provide a plan to house the students 33 Financial Hardship Example Pittsburg Unified School District Problem There is an easement bisecting the Central Junior High School campus containing: One (1) 26-inch, 600 psi PG&E natural gas line Four (4) high pressure water lines 42 to 87 inch diameter operating at 200 psi The same pipelines are adjacent to the Stoneman Elementary School Pipeline also located in back of Harbor site Pipeline also located adjacent to Range Road 34

18 Financial Hardship Example Pittsburg Unified School District Aerial of the Central Jr. High School and Stoneman ES 35 Financial Hardship Example Pittsburg Unified School District Possible Options Move all students off campus Move existing portables adjacent to the gym on Central Junior High School campus to an area outside of the setback Immediately start the adult school project on the Harbor site Move Central Jr. HS students into existing adult school portables once Harbor site is completed (2007/08) 36

19 Financial Hardship Example Pittsburg Unified School District Move 6 th graders back to elementary school temporarily until they can be relocated to either Range Road or Hillview Apply for State emergency portables for temporary student housing Build Range Road Junior High School project and relocate entire Central Jr HS students to appropriate sites. Verify PE program options with CDE 37 Financial Hardship Example Pittsburg Unified School District OPSC recommended approval of the District s Facility Hardship application to the SAB Allowed the District to transfer eligibility to a new site District had proceeded with site approval and DSA plans on the new site while negotiating with OPSC Students stayed on campus until the new school was constructed Pipeline area was fenced off except for one walkway Portables were moved away from the pipeline 50% of the site was required to be sold and proceeds were contributed towards the project. 38

20 More Project Examples: Example 3 District filed a Negative Declaration (Neg Dec) on a minor addition modernization and replacement project Project was exempt from CEQA, but because of public concern over renovation/replacement of a community historic building, a Neg Dec was filed to allow for public input Neg Dec sent to State Clearing House; DTSC reviewed and requested No Further Action (NFA) with a cc to CDE CDE requested DTSC NFA on the project because of the CEQA determination (added 6 months and $30,000) 39 More Project Examples: Example 4 District filed a Neg Dec in 2002 to add a small piece of property for a parking lot to a Continuation High School; Neg Dec covered the replacement of 7 portable classrooms on existing campus CDE approved the site addition DTSC NFA letter received on new property in 2002 (not on the classroom area) In 2006, District submitted application and plans to CDE to replace the portable classrooms approved for the site in 2002 on an older section of the site. 40

21 More Project Examples: Example 4, cont d. District filed 4.07 with CDE referencing the 2002 Neg Dec to comply with CEQA Since Neg Dec was used as compliance, a DTSC NFA for the existing site s portable replacement project was required by CDE District argued that the project was exempt; CDE was willing to allow the District to withdraw their original 4.07 and resubmit as CEQA exempt 41