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Item 3 - EA & Expenditure of Funds 13914-13950 Poway Rd. AGENDA REPORT SUMMARY G`�Y OF �W9r TO: Honorable Mayor and Members of the City Council �'F�, '•p.�.,•, �-� �,� Honorable Chairman and Members of the Redevelo ent Agency ry'" "'E `� FROM: James L. Bowersox, City Manager/Executive Dire INITIATED BY: Deborah Johnson, Director of RedevelopmenUDeputy Executive Director DATE: September 6, 2005 SUBJECT: Environmental Assessment(EA)and Expenditure of Funds for the Purchase of a Portion of 13914-13950 Poway Road (APN 323-203-20), Acquire Easements, Approve a Construction and Reimbursement Agreement,and Approve an Operating Covenant from BSM Pro erties, LLC ABSTRACT As part of the"Poway Road To Success Workshops"the automotive/general commercial workshop focused on the need to remove blight and provide opportunities for development of underutilized land remaining in the auto district. To facilitate this goal, staff is requesting approval of an Operating Covenant and Construction and Reimbursement Agreement with BSM Properties, LLC (BSM) to develop 13914-13950 Poway Road into an automobile dealership. A maximum amount of$200,000 is proposed for infrastructure improvements that are required as part of the Development Review process which would be paid on a reimbursement basis. Staff also negotiated with BSM to acquire a 25'x 330'strip of land and associated easements for$172,600.This acquisition would provide access to an affordable ownership site off Poway Road onto Evanston Road. The current access point Otis Post Way, would be abandoned and the 40-foot Poway Road frontage would be used for additional display of new automobiles. ENVIRONMENTAL REVIEW Approval of a Negative Declaration is recommended. FISCAL IMPACT Appropriate $500,000 to project 5986 with $200,000 coming from the 2003 Tax Allocation Bonds Undesignated Fund Balance (441-8912)for the construction of Type III Improvements and $300,000 coming from the Low and Moderate Housing Fund Undesignated Fund Balance (471-8912)for the construction of the Type I and Type II Improvements. Also authorize the expenditure of$172,600 from 5986A for the purchase of land and easements from BSM. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE A notice of Public Hearing for the acquisition was published in the August 4, 2005, edition of the Poway News Chieftain and mailed to property owners within 500 feet of the property boundaries listed in the San Diego County Assessors latest equalization roll and Mark Abelkop of BSM Properties, LLC. RECOMMENDATION It is recommended that the City Council/Redevelopment Agency approve the Negative Declaration, adopt the resolution approving the Environmental Assessment, approve the purchase of land and authorize the expenditure of$172,600 from 5986A,approve the Construction and Reimbursement Agreement and authorize the expenditure of$200,000 from Redevelopment Funds, authorize reimbursement of actual costs for Type I and Type II Improvements from the Low- and Moderate Housing Fund, approve a Five-Year Operating Covenant, and authorize the City Manager/Executive Director or his designee to execute the documents necessa to com lete this transaction. ACTION 1 of 25 September 6, 2005 Item #� G`,�.� OF p�y,q J. C I TY O F P O WAY TyF C� rN THE'G�Ja�y AGENDA REPORT TO: Honorable Mayor and Members of the City Council Honorable Chairman and Members of the Redevelopment Agency FROM: James L. Bowersox, City Manager/Executive Dire�' �� INITIATED BY: Deborah irector of RedevelopmenUDeputy Executive Director Tracey Bohl , Senior Management Analys�� �� DATE: September 6, 2005 SUBJECT: Environmental Assessment (EA) and Expenditure of Funds for the Purchase of a Portion of 13914-13950 Poway Road (APN 323-203-20), Acquire Easements, Approve a Construction and Reimbursement Agreement, and Approve an Operating Covenant from BSM Properties, LLC BACKGROUND The revitalization of Poway Road is a main goal for the City of Poway and is outlined in the Poway Road Specific Plan document and the Paguay Redevelopment Plan. In an effort to outline a strategy to implement redevelopment on Poway Road, staff developed a series of workshops entitled "Poway's Road to Success"to receive input from the neighboring residents and businesses. As part of the "Poway Road To Success Workshops" the automotive/general commercial workshop focused on the need to remove blight and provide opportunities for development of underutilized land remaining in the auto district. To facilitate this goal, staff negotiated an Operating Covenant and Construction and Reimbursement Agreement with BSM Properties, LLC, (BSM) to develop 13914-13950 Poway Road into a new automobile dealership and to construct infrastructure improvements on a reimbursement basis up to a maximum of$200,000. On November 4, 2003, the City Council /Redevelopment Agency authorized staff to negotiate with BSM to acquire a 25' x 330' strip of land and associated easements. BSM is developing the adjacent parcel into a new automobile dealership facility. Purchase and Sale, Easement and Roadway Maintenance Agreements were negotiated with BSM for a price of$172,600. This proposed purchase would provide access off Poway Road to the affordable ownership site that was purchased in April 2004. Currently, access to this site is gained from Poway Road onto a private street 2 of 25 September 6, 2005 Item # �' BSM Properties, LLC, Purchase and Sale Agreement, Operating Covenant and Construction and Reimbursement Agreement Staff Report August 30, 2005 Page 2 of 4 called Otis Post Way. The goal is to purchase this land, abandon Otis Post Way, and devote the 40'wide frontage to display new cars for sale. The additional Poway Road exposure will create enhanced business vitality in the auto district and synergy that will improve car sales. Taxes collected from sales of automobiles support City services such as police and fire safety services and recreational programs. FINDINGS OPERATING COVENANT AND CONSTRUCTION AND REIMBURSEMENT AGREEMENT Staff negotiated a Construction and Reimbursement Agreement with BSM,for the City to reimburse actual costs for three types of improvements outlined below in Table 1 and in Attachment A. BSM would provide infrastructure improvements that are required by the City as conditions of approval for the construction of a new automobile dealership facility located at 13914 —13950 Poway Road. The conditions of approval will be outlined in the Development Review and Minor Conditional Use Permit for the new facility. TABLE 1 TYPE 1 TYPE 2 TYPE 3 IMPROVEMENTS— IMPROVEMENTS - IMPROVEMENTS - BLUE YELLOW GREEN Public Improvements Public Improvements Public Improvements that primarily benefit that benefit the Hyundai that primarily benefit the the Affordable Development and Hyundai Development. Ownership Site to the Affordable Ownership North. site equally. 100% of Actual Costs 50% of Actual Costs 100% of Actual Costs would be Reimbursed would be Reimbursed to would be Reimbursed to to BSM, LLC from the BSM, LLC from the BSM, �LC Subject to Low- and Moderate Low- and Moderate the Maximum Housing Fund Housing Fund. Reimbursable Amount 50% of Actual Costs Limitation of$200,000 would be Reimbursed to from the BSM, LLC, Subject to Redevelopment Agency the Maximum Unappropriated Fund Reimbursable Amount Balance Limitation of$200,000 from the Redevelopment Agency Unappropriated Fund Balance 3 of 25 September 6, 2005 Item #�_ BSM Properties, LLC, Purchase and Sale Agreement, Operating Covenant and Construction and Reimbursement Agreement Staff Report August 30, 2005 Pa e3of4 Improvements Improvements Improvements Include: Roadway, Include: Include: Curb, Gutter, Fire Sidewalks, Curbs, Fire Hydrants, Curbs, Hydrant, landscaping, Gutters, Block Wall, Gutters, and Driveway stubbing of utilities Planters, landscaping Aprons, landscaping and Fire Truck Roadway, and Utilities Turnaround including Gas, Electric, Water, Telephone, Cable, and Sewer The City is proposing the Construction and Reimbursement Agreement to reimburse for actual costs incurred up to a cap of $200,000 to induce BSM to construct infrastructure improvements and operate a new automobile dealership subject to a Five-Year Operating Covenant. The Operating Covenant requires that a new car dealership be in operation for five years from issuance of the Certificate of Occupancy. The land is located in the Automobile/General Commercial area,which is underutilized and blighted. The current uses include three older, single-family homes and a neighborhood bar. Development of this prime automotive district lot will expand auto sales, provide additional sales tax revenue for the City's General Fund, and complete site improvements that will provide increased tax increment. SITE ACQUISITION Staff negotiated the terms of sale and conducted site due diligence on a a 25-foot by 330-foot parcel and easements located at 13914-13950 Poway Road (APN 323-203- 20). The purchase price of land and easements is $172,600. Funding for this purchase is available in 5986A. The proposed purchase of land and easements would provide access to the Affordable Ownership site off Poway Road onto a residential street called Evanston Road. This purchase would implement components of the Poway Road Specific Plan to eliminate unnecessary driveways and traffic along Poway Road and allow an auto dealership to benefit from 40 additional feet of display area for new car sales. ENVIRONMENTAL REVIEW Approval of a Negative Declaration is recommended. FISCAL IMPACT Appropriate $500,000 to project 5986 with $200,000 coming from the 2003 Tax Allocation Bonds Undesignated Fund Balance (441-8912) for the construction of Type III Improvements and $300,000 coming from the Low and Moderate Housing Fund Undesignated Fund Balance (471-8912) for the construction of the Type I and Type II Improvements. Also authorize the expenditure of$172,600 from 5986A for the purchase of land and easements from BSM. 4 of 25 September 6, 2005 Item #� BSM Properties, LLC, Purchase and Sale Agreement, Operating Covenant and Construction and Reimbursement Agreement Staff Report August 30, 2005 Page 4 of 4 PUBLIC NOTIFICATION AND CORRESPONDENCE A notice of Public Hearing for the acquisition was published in the August 4, 2005, edition of the Poway News Chieftain and mailed to property owners within 500 feet of the property boundaries listed in the San Diego CountyAssessor's latest equalization roll and Mark Abelkop of BSM Properties, LLC. RECOMMENDATION It is recommended that the City Council/Redevelopment Agency approve the Negative Declaration, adopt the resolution approving the Environmental Assessment, approve the purchase of land and authorize the expenditure of$172,600 from 5986A, approve the Construction and Reimbursement Agreement and authorize the expenditure of $200,000 from Redevelopment Funds, authorize reimbursement of actual costs for Type I and Type II Improvements from the Low-and Moderate Housing Fund, approve a Five-Year Operating Covenant, and authorize the City Manager/Executive Director or his designee to execute the documents necessary to complete this transaction. JLB: Attachments: A. Exhibit A Construction and Reimbursement Agreement B. Resolution C. Environmental Initial Study and Checklist 5 of 25 September 6, 2005 Item #�_ ��� � � • �� � NSy �VH T OO�cC ORK �`�p'��W % ��J T S N m T 3 ^ °, tl3c °,°.wr.i o, �.�. � x ` o o a n 3 a o 3 ��p� na ��3 p .�.� � O A.� N 9 A 9 NORTH A �_�$ dAq.=d � o A� d �o > < < � 33 0< '° o < z � nOi 3 a� ` O �.°.33 'c � ow; ~ N A T F^ � Q T —c '" �pZ ^^P'^ � Z y_'" nZ 1 " _ _ __._ ,�, 3oA � = moo ^' � ° nf �N �ac ^cyccn— dccf _I���'� EVANSTON DRIVP� .�� m°'-.°v° q � m°, a ��am °n� � o' m �i •A�1 : `�f � Tommn �' cnmao c v� ,p . � �n� � PAS.. _... 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P- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT 05-04, ACQUISITION OF A PORTION OF 13914-13950 POWAY ROAD AND CITY ACQUISITION OF AN EASEMENT ACROSS A PORTION OF SAID PROPERTY ASSESSOR'S PARCEL NUMBER 323-203-20 WHEREAS, Environmental Assessment (EA) 05-04, Poway Redevelopment Agency, Applicant, proposes the appropriation of funds to purchase (1) a 25-foot by 330- foot strip of land on the northeast portion of the parcel in fee title and (2) a 40-foot by 125- foot access easement on the northwest portion of the parcel located at 13914-13950 Poway Road within the Automotive/General Commercial (A/GC) zone. The project includes funds to purchase the property from BSM Properties; and WHEREAS, the Poway Redevelopment Agency is acquiring the property for the purpose of public alley/access to the potential affordable ownership housing site located to the north and northeast of said strips of land; and WHEREAS, on September 6, 2005, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway, as follows: Section 1: The City Council has considered the Environmental Initial Study (EIS), Negative Declaration (ND), and public comments received on the EIS and ND. The subject EIS and ND documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment, and that the ND reflects the independent judgement and analysis of the City. The City Council hereby approves the ND. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 6th day of September 2005. Michael P. Cafagna, Mayor ATTEST: L. Diane Shea, City Clerk Attachment B 7 of 25 September 6, 2005 Item #� Resolution No. P- Page 2 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- , was duly adopted by the City Council at a meeting of said City Council held on the 6th day of September 2005, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: L. Diane Shea, City Clerk City of Poway M:�planning\05report�ea\EA 05-02 AwbreyVeso.doc 8 of 25 September 6, 2005 Item #S CITY OF POWAY ENVIRONMENTAL INITIAL STUDY AND CHECKUST A. INTRODUCTION This Environmental Initial Study and Checklist, along with information contained in the public record, comprise the environmental documentation for the proposed project as described below pursuant to the requirements of the California Environmental Quality Act (CEQA). Based upon the information co�tained herein and in the public record, the City of Poway has prepared a Negative Declaration for the proposed project. 6. PROJECT INFORMATION 1. Project Title: Environmental Assessment (EA) 05-04� BSM Proqerties Acauisition 2. Lead Agency Name and Address: Citv of Powav, Development Services 13325 Civic Center Drive Powav CA 92064 3. Contact Person and Phone Number: Oda Audish. Associate Planner(8581 668-4661 4. Project Location: 13914-13950 Powav Road /323-203-20 5. Project Sponsor's Name and Address: CiN of Powav, Develooment Services 13325 Civic Center Drive Powav, CA 92064 6. General Plan Designation: Planned: Automotive/General Commercial Zoned: Automotive/General Commercial (A/GC) of the Powav Road Soecific Plan 7. Description of Project: (Describe the whole action involved, including by not limited to later phases of the project, and any secondary, support, or offsite features necessary for its implementation. Attach additional sheets if necessary). The aroiect involves a reauest for authorization to acauire• (1) a 25-foot bv 330-foot stri� of land on the northeast aortion of the oarcel in fee title and (2) a 40-foot bv 125-foot access easement on the northwest oortion of the �arcel located at 13914-13950 Powav Road within the Automotive/General Commercial (A/GC) zone The nroiect includes the appropriation of funds for oroqertv acquisition The Powav Redevelooment Aqencv is acquirinq the strios of land in fee title for oublic allev/access to the potential affordable ownership housinq site located to the north and northeast of said strios of land The 25-foot bv 330-foot strio of land to be acauired in fee title is currentiv vacant The 40-foot bv 125- foot access easement currentiv contains an asohalt road concrete curb autter and sidewalk a 5-foot landscaoe strip, and an 8-foot-hiah decorative wall No new construction will occur with this nroiect at this time. An additional environmental review will be conducted at the time a specific use of the aroperties is or000sed. Attach+nent C 9 of 25 September 6, 2005 Item #5 EIS and Checklist EA 05-04 The Lead Aqencv (Citv of Powavl has determined that its aouropriation of funds for acauisition of the strip of land in fee title and the se�arate access easement would not have the ootential to cause significant adverse enviranmental im�acts. This determination is based upon the fact that this action would not cause anv chanqes to the ohvsical environment No sianificant trees would be removed No land use entitlement or construction would be authorized bv this action nor does this action chanqe anv planned densitv land use. or zoninq for the subiect properties as currentiv desiqnated bv the Powav General Plan and the Powav Zoninq Develoament Code The Powav Redevelopment Aqencv is ourchasina the strio of land for public allev/access to the potential affordable ownershio housinq site located to the north and northeast of the strios of the oroiect site. However. as stated above no land use entitlement or construction would be authorized bv this action. In the event a future site-snecific develo�ment aroiect is aroaosed for the subiect aropeRies such oroiect would be subiect to the Citv's normal review �rocess includinq comaliance with the Environmental Review reauirements of the California Environmental Qualitv Act (CEQA) At this time it is not oossible to assess the ootential environmental effects of such a future proiect since none is proposed However orior to the Citv's prantinq of anv reauested land use entitlement associated with such a future �roiect. an additional Environmental Review will be comoleted Based uqon the above exolanation none of the environmental factors listed below have been checked because no environmental impacts would occur as a result of the Citv's aapropriation of funds to purchase the strip of land in fee title and the seoarate access easement 8. Surroundinq Land Uses and Settinq� The subiect propertv is bounded bv sinqle familv residential uses fzoned Residential Sinqle-Familv 7) to the north and east Two oroaerties located directiv north of the �ropertv have been acauired bv the Powav Redevelooment Aqencv as a aotential affordable ownershi� housinq site. The subiect propertv is bounded bv automotive related and qeneral commercial uses (Zoned Automotive/General CommerciaD to the south and west It is antici�ated that the remainder of the propertv, not subiect to acquisition bv the Poway Redevelopment Aqencv will be develoaed as an auto dealership. 9. Other agencies whose approval is required (e.g. permits, financing approval, or participation agreement): None 10 of 25 2 September 6, 2005 Item #� EIS and Checklist EA 05-04 Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant ImpacY' as indicated by the checklist on the following pages. ❑ Land Use and Planning ❑ Transportation/Circulation ❑ Public Services ❑ Population and Housing ❑ Biological Resources ❑ Utilities and Service ❑ Geological Problems ❑ Energy and Mineral Systems ❑ Water Resources ❑ Aesthetics ❑ Air Quality ❑ Hazards/Hazardous Materials ❑ Cultural Resources ❑ Agricultural Resources ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance Determination (To be completed by the Lead Agency): On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment and � a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, � there will not be a significant effect in this case revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. t find that the proposed project MAY have a significant effect on the environment, and an � ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed MAY have a "potentially significant impacY' or "potentially significant � unless mitigated" impact on the environment but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards. And 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, ❑ because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION Pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. �GE/ti � ��'"°--- August 3. 2005 Oda Audish, Associate Planner Date City of Poway 11 of 25 3 September 6, 2005 Item #�� EIS and Checklist EA 05-04 C. Checklist ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION I. AESTHETICS. Would the ro'ect: a. Affect a scenic vista or scenic X hi hwa ? b. Have a demonstrable negative X aesthetic effect? c. Create li ht or lare? X II. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the Califomia Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the ro ect: a. Convert prime farmland, unique X farmland, or farmland of statewide importance (farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-a ricultural use? b. Conflict with existing zoning for X agricultural use, or a Williamson Act contract? c. Involve other changes in the X existing environment which, due to their location or nature, could result in cornersion of farmland to non-a ricultural use. III. AIR QUALITY. Where available, X the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the ro'ect: a. Conflict with or obstruct X implementation of the applicable air ualit lan? 12 of 25 4 September 6, 2005 Item # t" EIS and Checklist EA OS-04 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION b. Violate any air quality standard X or contribute substantially to an existing or projected air quality violation? c. Expose sensitive receptors to X substantial pollutant concentrations? d. Create objectionable odors X affecting a substantial number of eo le? IV. BIOLOGICAL RESOURCES. X Would the ro'ect: a. Have a substantial adverse X effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse x X effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect X on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interru tion, or other means? d. Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident migratory wildlife corridors, or impede the use of native wildlife nurse sites? 13 of 25 5 September 6, 2005 Item #�_ EIS and Checklist EA 05-04 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION e. Conflict with any local policies or X ordinances protecting biological resources, such as a tree reservation olic or ordinance? f. Conflict with the provisions of an X adopted Habitat conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation lan? V. CULTURAL RESOURCES. X Would the Pro'ect: a. Cause a substantial adverse X change in the significance of a historical resource as defined in Section 15064.5 b. Directly or indirectly destroy a X unique paleontological resource or site or unique geologic feature? c. Disturb any human remains, X including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS. Would X the ro�ect: a. Expose people or structures to X potential substantial adverse effects, including the risk of loss, in'u or death involvin : i) Rupture a known earthquake X fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology S ecial Publication 42. ii) Cause strong seismic ground X shakin ? III) Cause seismic-related ground X failure, includin li uefaction? iv Cause Landslides? X b. Result in substantial soil erosion X or the loss of to soil? 14 of 25 6 September 6, 2005 Item #S EIS and Checklist EA 05-04 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION c. Be located on a geologic unit or X soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off site landslide, lateral spreading, subsidence, li uefaction or colla se? d. Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risk to life or ro ert ? e. Have soils incapable of X adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the dis osal of wastewater? VII.HAZARDS AND HAZARDOUS MATERIALS. Would the ro'ect: a. Create a significant hazard to the X public or the environment through the routine transport, use, or dis osal of hazardous materials? b. Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or X handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or ro osed school? d. Be located on a site which is X included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the ublic or the environment? 15 of 25 � September 6, 2005 Item #5 EIS and Checklist EA 05-04 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION e. For a project located within an X airport land use plan or, where such a plan has not been adopted, within miles of a public airport or public use airport, would the project result in a safety hazard for people residing or workin within the ro'ect area? f. For a project in the vicinity of a X private airstrip, would the project resultin a safety hazard for people residing or working in the ro'ect area? g. Impair implementation of, or X physically inteffere with, an adopted emergency response plan or emergency evacuation lan? h. Expose people or structures to a X significant risk of loss, injury or death involving wildland fires including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII.HYDROLOGY AND WATER QUALITY. Would the ro'ect a. Result in an increase in pollutant X discharge to receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-' demanding substances, and trash . b. Result in significant alteration of X receiving water quality during or followin construction? c. Result in increased impervious X surfaces and associated increased runoff? 16 of 25 $ September 6, 2005 Item #� EIS and Checklist EA 05-04 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION d. Create a significant adverse X environmental impact to drainage patterns due to changes in runoff flow rates or volumes? e. Substantially deplete X groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table lever (e.g. the production rate of p�e- existing nearby wells would drop to a level, which would not support existing land uses or planned uses for which permits have been ranted. f. Result in increased erosion X downstream? g. Is the project tributary to an X already impaired water body as listed on the Clean Water Act Section 303(d) list? If so, can it result in an increase in any pollutant for which the water body is alread im aired? h. Is the project tributary to other X environmentally sensitive areas? Is so, can it exacerbate already sensitive conditions? i. Have a potentially significant X environmental impact on surface water quality, to either marine, fresh, or wetland waters? j. Have a potentially significant X adverse impact on ground water ualit ? k. Cause or contribute to an X exceedance of applicable surtace or groundwater receiving water quality objectives or degradation of beneficial uses? I. Impact aquatic, wetland, or riparian X habitat? 17 of 25 9 September 6, 2005 Item #� EIS and Checklist EA 05-04 m. Create or contribute runoff water g which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of ollute runoff? n. Place housing within a 100-year X flood hazard area as mapped on a Federal Flood Hazard boundary or Flood Insurance Rate Map or other flood hazard delineation ma ? o. Place within a 100-year flood X hazard area structures which would impede or redirect flood flows? p. Exposing people or structures to X a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? q. Cause inundation by seiche, g tsunami, or mudflow? IX. LAND USE AND PLANNING. Would the ro ect: a. Physically divide an established X communit ? b. Conflict with applicable land use g plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? a Conflict with any applicable g habitat conservation plan or natural community conservation lan. . X. MINERAL RESOURCES. Would the ro'ect: a. Result in the loss of availability of X a known mineral resource that would be of future value to the region and the residents of the State? b. Result in the loss of availability of g a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use lan? 18 of 25 �� September 6, 2005 Item #S EIS and Checklist EA 05-04 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION XI. NOISE. Would the project result in: a. Exposure of persons to, or X generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other a encies? b. Exposure of persons to, or X generation of excessive ground borne vibration or round borne noise levels? c. A substantial permanent increase X in ambient noise levels in the project vicinity above levels existin without the ro�ect? d. A substantial temporary or X periodic increase in ambient noise levels in the project vicinity above levels existing without the ro'ect? e. For a project located within an X airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of X a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII.POPULATION AND HOUSING. Would the ro'ect: a. Induce substantial growth in an X area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure ? b. Displace substantial numbers of X existing housing, necessitating the construction of replacement housin elsewhere? 19 of 25 � � September 6, 2005 Item #� EIS and Checklist EA 05-04 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION c. Displace substantial numbers of X people, necessitating the construction of replacement housin elsewhere? XIII.PUBLIC SERVICES. Would the ro'ect: a. Result in substantial adverse X physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for an of the ublic services. i. Fire rotection? X ii. Police rotection? X iii. Schools? X iv. Parks? X v. Other ublic facilities? X XIV.RECREATION a. Would the project increase the X use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include X recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION /TRAFFIC/Would the ro�ect: a. Cause an increase in traffic, which X is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or con estion at intersections ? 20 of 25 �2 September 6, 2005 Item #� EIS and Checklist EA 05-04 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION b. Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for desi nated roads or hi hwa s? c. Result in a change in air traffic X patterns, including either an increase in traffc levels or a change in location that results in substantial safet risks? d. Substantially increase hazards X due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses e. ., farm e ui ment ? e. Result in inadequate emergency X access? f. Result in inadequate parking X ca acit ? g. Conflict with adopted policies, X plans, or programs supporting alternative transportation (e.g., bus turnouts, bic cle racks ? XVI. UTILITIES AND SERVICE SYSTEMS. Would the ro ect: a. Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? b. Require or result in the X construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the X construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 21 of 25 �3 September 6, 2005 Item #5 EIS and Checklist EA 05-04 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION e. Result in the determination by the X wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve projecYs projected demand in addition to the provider's existing commitments? f. Be served be a landfill with X su�cient permitted capacity to accommodate the projecYs solid waste dis osal needs? g. Comply with federal, site and X local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a. Does the project have the potential X to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels. Threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminated important examples or the major periods of California histo or rehisto ? b. Does the project have impacts that X are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effect of robabl future ro'ects ? c. Does the project have X environmental effects, which will cause substantial adverse effects on human beings, either directl or indirectl . 22 of 25 14 September 6, 2005 Item #� EIS and Checklist EA 05-04 D. DISCUSSION OF ENVIRONMENTAL EVALUATION Please refer to the Environmental initial Study Checklist Form above when reading the following evaluation. I. AESTHETICS: The proposed project will not cause significant adverse impacts associated with any of the questions listed under this issue area. As discussed above in more detail in Section B (Description of Project), the proposed project would not have the potential to cause significant adverse impacts because the project, in and of itself, would not cause any changes to the physical environment. The Lead Agency's action to approve the project would not approve any land use entitlement, or authorize the construction of a proposed land development project, which may have the potential to cause physical changes to the environment. Since no significant adverse impacts have been identified, mitigation measures are not required II. AGRICULTURAL RESOURCES: The site is not being used for agricultural activities. As the project, in and of itself, would not cause any changes to the physical environment, the proposed project will not cause significant adverse impacts associated with agricultural resources. The Lead Agency's action to approve the project would not approve any land use entitlement or authorize the construction of a proposed "land development project," which may have the potential to cause physical changes to the environment. Since no significant adverse impacts have been identified, mitigation measures are not required. III. AIR QUALITY: As the project, in and of itself, would not cause any changes to the physical environment, the proposed project will not cause significant adverse impacts associated with air quality. The Lead Agency's action to approve the project would not approve any land use entitlement or authorize the construction of a proposed land development project, which may have the potential to cause physical changes to the environment. Since no significant adverse impacts have been identified, mitigation measures are not required IV. BIOLOGICAL RESOURCES: No significant adverse biological impacts are anticipated with the proposed project in that the project, in and of itself, would not cause any changes to the physical environment. The Lead Agency's action to approve the project would not approve any land use entitlement or authorize the construction of a proposed land development project, which may have the potential to cause physical changes to the environment. Since no significant adverse impacts have been identified, mitigation measures are not required. Environmental review of future development proposals on the project site will evaluate potential impacts to biological resources. V. CULTURALRESOURCES: No significant adverse impacts to any cultural resource are anticipated with the proposed project to acquire strips of land for access because the proposed project, in and of itself, would not cause any changes to the physical environment. Since no significant adverse impacts have been identified, mitigation measures are not required. VI. GEOLOGY AND SOILS: The proposed project will not cause significant adverse impacts associated with any of the questions listed under this issue area. As discussed in more detail in Section B above (Description of Project), the proposed project would not have the potential to cause significant adverse impacts"because the project, in and of itself, would not cause any changes to the physical environment. The Lead Agencys action to approve the project would not approve any land use entitlement, or authorize the construction of a proposed land development project, which may have the potential to cause physical 23 of 25 �5 September 6, 2005 Item #� EIS and Checklist EA 05-04 changes to the environment. Since no significant adverse impacts have been identified, mitigation measures are not required. VII. HAZARDS AND HAZARDOUS MATERIALS: The parcel was not identified on the San Diego County Hazardous Materials List. The Lead Agency's action to approve the project would not specifically approve any land use entitlement, or authorize the construction of a proposed land development project, which may have the potential to cause physical changes to the environment. VIII. HYDROLOGY AND WATER QUALITY: Because the project, in and of itself, would not cause any changes to the physical environment, no significant adverse impacts to any hydrological resource is anticipated with the proposed project. The Lead Agency's action to approve the project would not approve any land use entitlement, or authorize the construction of a proposed land development project, which may have the potential to cause physical changes to the environment. Since no significant adverse impacts have been identified, mitigation measures are not required. An Environmental Review of future development proposals on the project site will evaluate potential impacts to Hydrology and Water Resources. IX. LAND USE AND PLANNING: As discussed in more detail in Section B above (Description of Project), the proposed acquisition project will not cause significant adverse impacts associated with any of the questions listed under Land Use and Planning because the project, in and of itself, would not cause any changes to the physical environment. The Lead Agency's action to approve the project would not approve any land use entitlement, or authorize the construction of a proposed land development project which may have the potential to cause physical changes to the environment. Since no significant adverse impacts have been identified, mitigation measures are not required. X. MINERAL RESOURCES: The proposed project will not cause significant adverse impacts associated with any mineral resource as the proposed project, in and of itself, would not cause any changes to the physical environment. The Lead Agencys action to approve the project would not approve any land use entitlement, or authorize the construction of a proposed land development project, which may have the potential to cause physical changes to the environment. Since no significant adverse impacts have been identified, mitigation measures are not required. XI. NOISE: The proposed project will not cause significant adverse impacts associated with any of the questions listed under this issue area. As discussed in more detail in Section B above, (Description of Project), the proposed project would not cause any changes to the physical environment and, therefore, the project, in and of itself, would not have the potential to cause significant adverse impacts. The Lead Agency's action to approve the project would not approve any land use entitlement, or authorize the construction of a proposed land development project, which may have the potential to cause physical changes to the environment. Since no significant adverse impacts have been identified, mitigation measures are not required. XII. POPULATION AND HOUSING: The proposed acquisition will not affect the potential residential density of development on the site. The proposed acquisition would not have the potential to cause significant adverse impacts because the project, in and of itself, would not cause any changes to the physical environment. The Lead Agency's action to approve the project would not approve any land use entitlement, or authorize the construction of a proposed land development project, which may have the potential to cause physical changes to the environment. Since no significant adverse impacts have been identified, mitigation measures are not required. 24 of 25 16 September 6, 2005 Item #�_ EIS and Checklist EA 05-04 XIII. PUBLIC SERVICES: The proposed acquisition will not affect the potential residential density of development on the site. The proposed acquisition would not have the potential to cause significant adverse impacts because the project, in and of itself, would not cause any changes to the physical environment. The Lead Agency's action to approve the project would not approve any land use entitlement, or authorize the construction of a proposed land development project, which may have the potential to cause physical changes to the environment. Since no significant adverse impacts have been identified, mitigation measures are not required. XIV. RECREATION: No significant adverse impacts to any recreational resource are anticipated with the proposed project in that the project, in and of itself, would not cause any changes to the physical environment. The Lead Agency's action to approve the project would not approve any land use entitlement, or authorize the construction of a proposed land development project, which may have the potential to cause physical changes to the environment. Since no significant adverse impacts have been identified, mitigation measures are not required. XV. TRANSPORTATION AND TRAFFIC: The proposed project will not cause significant adverse impacts associated with any of the questions listed under this issue area. As the project, in and of itself, would not cause any changes to the physical environment. The Lead Agency's action to approve the project would not approve any land use entitlement, or authorize the construction of a proposed land development project, which may have the potential to cause physical changes to the environment. Since no significant adverse impacts have been identified, mitigation measures are not required. XVI. UTILITIES AND SERVICE SYSTEMS: The acquisition of the subject properties will not directly impact any utility system or service because the project, in and of itself, would not cause any changes to the physical environment. The Lead Agency's action to approve the project would not approve any land use entitlement, or authorize the construction of a proposed land development project, which may have the potential to cause physical changes to the environment. Since no significant adverse impacts have been identified, mitigation measures are not required. XVII. MANDATORY FINDING OF SIGNIFICANCE: The proposed project is the acquisition of the two strips of land for public alley/access to the potential affordable ownership housing site located contiguous and to the north of the strip of land. The project, in and of itself, would not cause any changes to the physical environment. The Lead Agency's action to approve the project would not approve any land use entitlement, or authorize the construction of a proposed land development project, which may have the potential to cause physical changes to the environment. Since no significant adverse impacts have been identified, mitigation measures are not required. M:\planning\05report\ea\EA 05-04 BSM Properties\eis and checklist final.doc 25 of 25 �� September 6, 2005 Item #�