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Res P-04-35RESOLUTION NO. P -04 -35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 03 -15 TO ALLOW THE ESTABLISHMENT OF A PUBLIC PARK ON APPROXIMATELY 8.5 ACRES NEAR THE NORTHWEST CORNER OF THE AUBREY STREET /MIDLAND ROAD INTERSECTION IN THE RURAL RESIDENTIAL C ZONE APNs: 314- 182 -20, 24, 33, 34, 44, 46, 50 AND 51 WHEREAS, at the March 20, 2003, City Council Workshop, the City Council heard a presentation of the Poway Girls Softball League (PGSL) proposal to jointly develop a park with sports fields on property located near the northwest corner of the Aubrey Street/Midland Road intersection and then directed City staff to work with PGSL in developing a concept site and to meet with the neighborhood to discuss the proposal; and WHEREAS, on June 25, 2003, August 9, 2003, and April 19, 2004, City staff held Neighborhood Meetings to discuss site development and park operational issues, and iterations of the concept site plan that had been prepared in response to issues identified by the Meeting attendees; and WHEREAS, on May 11, 2004, 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), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program shown as Exhibit A of this Resolution for CUP 03 -15. The subject EIS and MND 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, that the mitigation measures contained in the EIS and Exhibit A hereof will mitigate potentially significant impacts to a less than significant level, and that the MND reflects the independent judgment and analysis of the City. The City Council hereby approves the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code for the Conditional Use Permit to establish a public park on approximately 8.5 acres near the northwest corner of the Aubrey Street/Midland Road intersection in the Rural Residential C (RR -C) zone, are made as follows: A. The location, size, design, and operating characteristics of the proposed park are in accord with the title and purpose of Chapter 17.48 of the Poway Municipal Code (Conditional Use Permit Regulations), the Rural Residential C zone, the City General Plan, the Old Poway Specific Plan and the development policies and Resolution No. P -04 -35 Page 2 standards of the City in that: 1) public parks are allowed with a Conditional Use Permit in the RR -C zone; and 2) the General Plan encourages the siting of parks and recreation uses in close and convenient proximity to residential uses, as well as the provision of sports fields for organized groups, and the provision of parks that have both active and passive activity areas; and 3) the Old Poway Specific Plan encourages the establishment of parks and recreational uses in the Old Poway area. B. The location, size, design, and operating characteristics of the proposed park are compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources in that 1) the park will provide a mix of active and passive activity areas to serve all segments of the community; 2) high activity areas of the park have been sited away from residential uses the maximum distance possible and a wide passive activity /open space area is providing a separation between those residential uses and the high activity areas to minimize noise from the park activities for nearby residents; 3) the project will not adversely affect natural habitat; 4) adequate parking for the park is provided either on -site or in existing public parking area in close proximity to the site; 5) the additional traffic generated by the project can be accommodated within the capacity of the existing roadway system with no change in Level of Service; 6) the park will observe the established hours of operation contained in the Poway Municipal Code; and 7) all structures will be designed to be consistent with Old Poway Specific Plan design standards. C. The project consists primarily of open space areas with minimal structures. The only structures consist of a single, 2,400- square -foot building located outside the floodway and fencing for the ball fields located on the other side of a wide passive activity /open space area immediately adjacent to the adjacent residences. Therefore, the harmony in scale, bulk, coverage and density of the project is consistent with adjacent uses. D. There are public facilities, services and utilities available to the site because the site was previously developed with single - family homes and a commercial Christmas tree lot. E. The proposed park will not have any harmful effect on desirable neighborhood characteristics in that it will provide approximately 8.5 acres of open space within a developed residential neighborhood. In addition, measures have been incorporated into the design of the park to minimize noise by placing the high activity ball fields furthest from the homes. F. As demonstrated by the traffic analysis dated April 13, 2004, prepared by Urban Systems and Associates, the generation of additional traffic as a result of the park will not adversely impact traffic and circulation in the area in the short and long term. Therefore, the proposed project is found to be consistent with the Circulation Element of the General Plan. Resolution No. P -04 -35 Page 3 G. The site is suitable for the type and intensity of the park in that: 1) the park will provide a mix of active and passive activity areas to serve all segments of the community; 2) high activity areas of the park have been sited away from residential uses the maximum distance possible and a wide passive activity /open space area is providing a separation between those residential uses and the high activity areas; 3) adequate parking for the park is provided either on -site or in existing public parking areas in close proximity to the site; 4) the additional traffic generated by the project can be accommodated within the capacity of the existing roadway system with no change in Level of Service; 5) the park will observe the established hours of operation contained in the Poway Municipal Code; and 6) all structures will be designed to be consistent with Old Poway Specific Plan design standards. H. There will not be significant harmful effects upon environmental quality and natural resources in that: 1) the site is located in a developed residential area, and was in the past developed with residential and agricultural uses; 2) the site is classified as a developed area on Poway Subarea Habitat Conservation Plan (HCP) maps, and is not located in any Biological Core and Linkages Area (BCLA), or preservation cornerstone of the HCP; and 3) a Biological Resources study was prepared for the project by REC Consultants dated November 14, 2003, which indicates no wetlands have been identified on -site, no Federally or State listed sensitive plants or wildlife species were detected on -site, and, per the City HCP standards, no sensitive habitats were identified on -site. Therefore, there will not be significant harmful effects upon environmental quality and natural resources. There are no other relevant negative impacts of the proposed use that cannot be mitigated in that the park is compatible with the surrounding residential and existing park uses. J. The impacts, as described above, and the proposed location, size, design and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity nor be contrary to the adopted General Plan. K. The proposed conditional use will comply with each of the applicable provisions of Section 17.48.070 of the Poway Municipal Code with regard to current development standards. Section 3: Pursuant to Government Code Section 66020, the public improvements for Conditional Use Permit 03 -15 are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City ordinances, because all necessary services and facilities are available or will be constructed to serve this project. Resolution No. P -04 -35 Page 4 Section 4: The City Council hereby approves CUP 03 -15 to establish a public park on approximately 8.5 acres located near the northwest corner of the Aubrey Street/Midland Road intersection in the Rural Residential C zone, as shown on the plans dated April 22, 2004, and authorizes a variance from the requirements of Chapter 8.08, Noise Abatement and Control, pursuant to Sections 8.08.220 and 8.08.260 of the Poway Municipal Code, subject to the following conditions: A. Prior to obtaining a Grading Permit, or starting any grading if a Grading Permit is not required, the applicant shall: 1. A grading plan for the development of the lot prepared on a City of Poway 24" x 36" standard mylar at a scale of 1 " =20', shall be submitted along with a Grading Permit application and applicable fees to the Development Services Department -- Engineering Division. A grading plan submittal list is available at the Development Services Department front counter. The grading plan shall include the following: a. All new slopes with a maximum 2:1 (horizontal to vertical) slope. Tops and toes of graded slopes shall be shown with a minimum five -foot setback from open space areas and property lines. Buildings shall be located at least five feet from tops and toes of slopes, unless waived by the Planning Division and /or Engineering Division prior to issuance of a Grading Permit. b. All driveway approaches shall be with alley -type curb returns. C. Paving of the parking lot shall conform to the standards set forth in Section 12.20.080 of the Poway Municipal Code. d. Elevations of curbs, gutters, and parking areas to demonstrate site drainage. e. A separate erosion control plan for prevention of sediment run -off during construction. f. All utilities (proposed and existing), together with their appurtenances and associated easements. Encroachments are not permitted upon any easement without an approved Encroachment Agreement/Permit. g. Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. h. The location of all trees to be preserved on -site. Resolution No. P -04 -35 Page 5 2. A soils /geological report shall be prepared by an engineer licensed by the State of California to perform such work, and shall be submitted with the grading plan. 3. A drainage study using the 100 -year storm frequency criteria shall be submitted with the grading plan. The drainage system shall be capable of handling and disposing all surface water within the project site and all surface water flowing onto the project site from adjacent lands. Said system shall include all easements required to properly handle the drainage. Concentrated flows across driveways are not permitted. The drainage study shall also include a simple floodway encroachment analysis, in accordance with FEMA guidelines, to demonstrate the volume of obstruction removed is greater than that which will be occupied by the subject project. 4. The Grading Permit application shall include plans and specifications that demonstrate the project's compliance with the City's Standard Urban Stormwater Mitigation Plan ordinance. If a Grading Permit is not required, the project improvement plans shall include plans and specification that document compliance. 5. The applicant shall file with the State Regional Water Quality Control Board a Notice of Intent for coverage under the statewide General Permit that covers storm water discharges. Proof of filing of the NO] and an assigned Waste Discharge Identification Number shall be submitted to the Development Services Department — Engineering Division prior to issuance of the Grading Permit. Applications may be obtained by contacting: California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 (858) 467 -2952 6. Prior to issuance of the Grading Permit, the property owner shall prepare a Storm Water Pollution Prevention Plan ( SWPPP) that effectively addresses the elimination of non -storm runoff into the storm drain system. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control; a de- silting basin with a capacity of 3,600 cubic feet of storage per acre drained, or designed to remove fine silt for a 10 -year, 6 -hour storm event; a material storage site; measures to protect construction material from being exposed to storm runoff; protection of all storm drain inlets; on -site concrete truck wash and waste control; and other means of Best Management Practices to effectively eliminate pollutants from entering Resolution No. P -04 -35 Page 6 the storm drain system. The engineer shall certify the SWPPP prior to issuance of the Grading Permit. 7. The applicant/developer shall pay the following fees and grading securities. However, the City reserves the right to waive this requirement for City - initiated and /or City- funded projects. a. Grading Permit, plan checking, inspection, Right -of -Way Permit, and geotechnical review fees. The Grading Permit fee shall be paid at first submittal of grading plans. b. Posting and /or payment of grading securities. 8. The applicant shall attend a pre- construction meeting, at which time they shall present an Action Plan that identifies measures to be implemented during construction to address erosion, sediment, and pollutant control. Compliance for erosion control can be provided using one or more of the following guidelines: a. Provide an on -site desiltation basin with a volume based on 3,600 cubic feet per tributary acre drained. b. Cover all flat areas with an approved mulch. C. Install an earthen or gravel bag berm that retains 3 inches of water over all disturbed areas prior to discharge, effectively creating a desiltation basin from the pad. 9. Prior to the removal of any tree within the Eucalyptus Woodland on -site, during the recognized nesting season for raptors, a qualified professional shall evaluate the subject tree(s) for a raptor nest(s) and report the findings in writing to the City. Should a nest or nests be located, the tree removal shall be delayed until such time the nest or nests have been abandoned. 10. Submit a Tree Removal Permit application to the Planning Division for review and approval by the Director of Development Services and Director of Public Works. Prior to conducting any grading of the site or the removal of any tree, a tree removal plan shall be submitted to the City. The plan shall clearly document which trees are to be removed and which trees shall be preserved. The plan shall indicate the drip line of all trees to be preserved. Trees that will be preserved shall be marked in the field during grading. 11. Prior to conducting any grading of the site, archeological testing of the site by a qualified professional shall be completed, and a report on the testing and findings submitted to the City. Should testing discover archeological Resolution No. P -04 -35 Page 7 resources, appropriate measures shall be followed to document, relocate, and /or preserve the resources. B. The concessions building, fences and masonry walls over 6 feet in height, and all lighting require the issuance of a Building Permit. Prior to the issuance of any Building Permit: The applicant shall cause a lot merger application to be filed for review with the Engineering Division, and to be approved and recorded, to merge all existing lots into one lot to accommodate the subject project. 2. The applicant shall cause a street vacation application to be filed for review with the Engineering Division, and to be approved and recorded, to vacate the existing Sycamore Avenue right -of -way within the subject project parcel. Aubrey Street, along the project boundary, shall be improved and completed to Poway Municipal Code, Section 12.20.080, standards for dedicated urban roads. Improvements shall include curb, gutter, sidewalk, streetlights (it necessary), paving, driveways, striping, and trails. Plans for the construction of these improvements shall be submitted, reviewed, and approved by the Engineering Division. 4. Final landscape and irrigation plans shall be submitted to the Planning Division for review and the approval of the Director of Development Services. Architectural elevations of any masonry wall shall be submitted to the Planning Division for review and the approval of the Director of Development Services. 6. Detailed lighting specification for all lighting shall be submitted to the Planning Division for review and the approval of the Director of Development Services. All lighting shall be equipped with shielding to limit spillage onto adjacent properties. 7. The site shall be developed in accordance with the approved site plans and conditions of approval on file in the Development Services Department and the conditions contained herein. Grading shall be in accordance with the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 8. Erosion control, including, but not limited to, desiltation basins, shall be installed and maintained by the developer throughout construction of the project. 9. Construction staking is to be installed by the developer and inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. Trees to be Resolution No. P -04 -35 Page 8 preserved and protected on the site shall be marked pursuant to the tree removal plan. As a minimum, all protected areas as shown on the grading plans are to be staked by a licensed surveyor and delineated with lathe and ribbon. A written certification from the engineer of work or a licensed surveyor shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans. 10. Rough grading shall be completed and meet the approval of the City inspector and shall include submittal of the following: a. A certification of line and grade for the concess io n/restroom/sto rage building, prepared by the engineer of work. This shall include a certification that the elevation of the building pad is at least 1' above the FEMA base flood elevation. b. A final soil compaction report for review and approval by the City. 11. Prior to installation or construction of any improvements within City -held easements or right -of -way, a Right -of -Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 12. Prior to delivery of combustible building materials, on -site water systems shall satisfactorily pass all required tests and be fully operational. 13. A San Diego County Water Authority capacity charge shall be paid for any new water meters. The fee shall be provided by separate check, payable to San Diego County Water Authority and remitted through the Engineering Division of the City of Poway. These fees are subject to change without further notice: For 1" meter = $3,206 per meter For 1'/2" meter = $6,012 per meter Contact the Engineering Division for other meter sizes C. Prior to establishment of the use of the park, the following shall be accomplished to the satisfaction of the Director of Development Services: 1. Street improvements, driveways, drainage facilities, slope landscaping and protection measures, utilities, and parking lot paving shall be constructed, completed, and inspected by the Engineering Inspector. 2. An adequate drainage system for the park capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. Large concentrated flows over the driveway and onto the street are not permitted. Resolution No. P -04 -35 Page 9 3. All new and existing electrical /communication /CATV utilities shall be installed underground. The applicant/developer is responsible for complying with the requirements of this condition, and shall make the necessary arrangements with each of the serving utilities. 4. Record drawings of the grading plans, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.1306 of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. 5. Enhanced, evergreen, screening landscape shall be provided and maintained in a healthy condition along the west and north side of the site. 6. A decorative masonry wall, a maximum of 6 to 8 feet in height, shall be provided along the west, and a portion of the north, property lines of the site, as may be agreed upon by the City and adjacent property owner. Locking gates may be provided in the wall for those properties along the west property line, which are located along the access easement, at the property owner's discretion. D. Upon establishment of the public park, pursuant to CUP 03 -05, the following shall apply: 1. Poway Girls Softball League's use of the park will be limited to that which is outlined in their proposal on file with the Development Services Department (dated November 14, 2003). Additionally, Poway Girls Softball League is restricted to hosting one regional tournament per season and only in consultation with the Community Services Department to avoid any conflict with planned events in Old Poway Park. 2. The park shall close no later than 10 p.m 3. Locking gates shall be provided at the driveway entrance to the park parking lot. The Community Services Department shall ensure that the parking lot gate is shut and locked nightly no later than 10 p.m. 4. The use of amplified sound will be prohibited, unless authorized through the issuance of a Temporary Use Permit (TUP) by the Director of Development Services. 5. Community Services Department staff will monitor parking during sports events. If overflow parking in the nearby neighborhoods becomes a problem, Poway Girls Softball League will work with the Community Services Department to develop and implement an alternative schedule of games to eliminate the parking problem (i.e.: such as increasing intervals between games). Resolution No. P -04 -35 Page 10 6. Pedestrian access between the terminus of Sycamore Avenue and the north side of the park shall be prohibited unless otherwise authorized by the Director of Development Services in consultation with Sycamore Avenue residents. Section 5: The approval of CUP 03 -15 shall expire on May 11, 2006, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and grading of the site in reliance on the CUP approval has commenced prior to its expiration. Section 6: Pursuant to Government Code Section 66020, the 90 -day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on May 11, 2004. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 11 th day of May 2004. ATTEST: Resolution No. P -04 -35 Page 11 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- 04 -35, was duly adopted by the City Council at a meeting of said City Council held on the 11 th day of May 2004, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE ��k- Lori Anne Peoples, City CleVk City of Poway Resolution No. P- Page 12 MITIGATION MONITORING PROGRAM Conditional Use Permit 03 -15 Section 21081.6 of the Public Resources Code requires that public agencies "adopt a reporting or monitoring program for the changes which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designated to ensure compliance during project implementation." This Mitigation Monitoring Program has been prepared in accordance with Section 21081.6 of the Public Resources Code. Non - compliance with any of these conditions, as identified by City staff or a designated monitor, shall result in issuance of a cease and desist order for all construction activities. The order shall remain in effect until compliance is assured. Non - compliance situations, which may occur subsequent to project construction, will be addressed on a case -by -case basis and may be subject to penalties according to the City of Poway Municipal Code. When phasing of development has been established, it may be necessary for this Monitoring Program to be amended, with City approval. Topic Mitigation Measure Timing Responsibility Biology Prior to the removal of any tree within Prior to the Applicant the Eucalyptus Woodland on -site, removal of during the recognized nesting season any tree. for raptors, a qualified professional shall evaluate the subject tree(s) for a raptor nest and report the findings in writing to the City. Should a nest or nests be located in the tree, removal shall be delayed until such time the nest or nests have been abandoned. Cultural Prior to conducting any grading of the Prior to Applicant Resources site, testing of the site by a qualified conducting professional shall be completed and a any grading. report on the testing and findings submitted to the City. Should testing discover archeological resources, appropriate measures shall be followed to document, relocate, and /or preserve the resources. MAp1ann1ng \04report\cup \0315 Aubrey Park\reso exh A.doc •1 =19 �..4 OF POWP" MICKEY CAFAGNA, Mayor DON HIGGINSON, Deputy Mayor BOB EMERY, Counc�lmember JAY GOLDBY, Councilmember BETTY REXFORD, Councilmember CITY OF POWAY MITIGATED NEGATIVE DECLARATION Name and Address of Applicant: City of Poway /Poway Girls Softball League Poway, CA 92064 Project Name and Brief Description of Project: Conditional Use Permit 03 -15 is a joint proposal by the City of Poway and the Poway Girls Softball League to establish a new City park, known as Aubrey Park, on an approximate 8.5 -acre site located at the northwest corner of Aubrey'Street and Midland Road. The proposed City Park will have active and passive recreation areas including 4 ball fields (one lighted), batting cages, a 2,400- square -foot restroom /snack bar /storage building, children's play areas, picnic areas, recreational trails, and 122 on -site parking spaces. 2. In accordance with Resolution 83 -084 of the City of Poway, implementing the California Environmental Quality Act of 1970, the City of Poway City Council has found that the above project will not have a significant effect upon the environment and has approved a Mitigated Negative Declaration. An Environmental Impact Report will not be required. 3. This Mitigated Negative Declaration is comprised of this form along with the Environmental Initial Study that includes the Initial Study and Checklist and the approved Mitigation Monitoring Program containing the mitigation measures approved for this project. 4. The decision of the City Council of the City of Poway is final. Contact Person: Jason Martin -=� Phone: (858) 6684658 Approved by: Fritz, Direct& of Debelpment Services Attachments: Environmental Initial Study Mitigation Monitoring Program M:\ planning \04report\cup \03- 15\mnd.doc Date: April 19, 2004 City Hall Located at 13325 Civic Center Drive rlf�ili^ Aaaress: EO. Box 789, Poway, California 92074 -0789 • (858) 748 -6600, 695.1400 CITY OF POWAY ENVIRONMENTAL INITIAL STUDY AND CHECKLIST 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 contained herein and in the public record, the City of Poway has prepared a Negative Declaration for the proposed project. B. PROJECT INFORMATION 1. Project Title: Conditional Use Permit (CUP) 03 -15 - Aubrey Park 2. Lead Agency Name and Address: City of Poway 13325 Civic Center Drive, Poway, CA 92064 3. Contact Person and Phone Number: Jason Martin, Senior Planner (858) 6684658 4. Project Location: Northwest corner of Aubrey Street and Midland Road 5. Project Sponsor's Name and Address: City of Poway /Poway Girls Softball League 13325 Civic Center Drive, Poway CA 92064 6. General Plan Designation: Rural Residential C Zoning: Rural Residential C 7. Description of Project: (Describe the whole action involved, including, but not limited to, later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary). Conditional Use Permit 03 -15 is a joint proposal by the City of Poway and the Poway Girls EIS and Checklist The proposed City park will have active and passive recreation areas, including 4 ball fields 8. Surrounding Land Uses and Setting: North: Single - Family Residential East: Vacant and Single - Family Residential Southeast: Single - Family Residential and Commercial South: Single- Family Residential and a park. West: Single - Family Residential. 9. Other agencies whose approval is required (e.g.: permits, financing approval, or participation agreement): None. 10. References (all references are available at the Poway City Hall, Department of Development Services, at 13225 Civic Center Drive). 1. Poway Comprehensive Plan, Volume One - General Plan, May 1996 2. Old Poway Specific Plan, 1988 1 Poway Municipal Code 4. Preliminary Drainage Study prepared by Stevens Cresto Engineering, November 2003 (includes FEMA correspondence regarding floodplain/floodway development) 5. Biological Report prepared by REC Consultants, November 2003. 6. Noise Study for Aubrey Park prepared by Wieland and Associates, April 2004 7. Traffic Evaluation for Aubrey Park prepared by Urban Systems Associates, April 2004 8. Standard Urban Storm Water Mitigation Plan prepared by Stevens Cresto Engineering, November 2003. 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 Impact' as indicated by the checklist on the following pages. ❑ Land Use and Planning ❑ Population and Housing ❑ Geological Problems ❑ Hydrology and Water ❑ Air Quality ❑ Agricultural Resources ❑ Mandatory Findings of Significance ❑ Transportation /Circulation ❑ Biological Resources ❑ Energy and Mineral Resources ❑ Hazards /Hazardous Materials ❑ Noise ❑ Public Services ❑ Utilities and Service Systems ❑ Aesthetics ❑ Cultural Resources ❑ Recreation EIS and Checklist 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 as revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an I E] ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed MAY have a "potentially significant impact' 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. City of Poway Date ❑■ EIS and Checklist C. Checklist ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION I. AESTHETICS. Would the project: a. Affect a scenic vista or scenic X highway? b. Have a demonstrable negative X aesthetic effect? c. Create light or glare? X II. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may rofer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 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-agricultural 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 conversion of farmland to non-agricultural use. III. AIR QUALITY. Where available, 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 project: a. Conflict with or obstruct X implementation to the applicable air quality plan? EIS and Checklist 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 people? IV. BIOLOGICAL RESOURCES. Would the project: 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 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 interruption, 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 nursery EIS and Checklist 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 policy 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 Ian? V. CULTURAL RESOURCES. Would the Project: 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 the ro"ect: a. Expose people or structures to X potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of 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 Special Publication 42. ii) Strong seismic ground shaking? X III) Seismic-related ground failure, X including li uefaction? iv Landslides? X b. Result in substantial soil erosion X or the loss of topsoil? EIS and Checklist 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, liquefaction or collapse? 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 property? 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 disposal of wastewater? Al. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a. Create a significant hazard to the X public or the environment through the routine transport, use, or disposal 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 proposed 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 public or the environment? EIS and Checklist 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 working within the project area? f. For a project in the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? g. Impair implementation of, or X physically interfere with, an adopted emergency response plan or emergency evacuation Ian? 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 project 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 following construction? c. Result in increased impervious X surfaces and associated increased runoff? EIS and Checklist 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 pre- existing nearby wells would drop to a level, which would not support existing land uses or planned uses for which permits have been granted. f. Result in increased erosion X downstream? g. Project tributary to an already x 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 already impaired.? h. Is the project tributary to other x environmentally sensitive areas? Is so, can it exacerbate already sensitive conditions? 1. 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 quality? k. Cause or contribute to an X exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? I. Impact aquatic, wetland, or riparian x habitat? EIS and Checklist m. Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of pollute 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 map? 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. Inundation by seiche, tsunami, or X mudflow? IX. LAND USE AND PLANNING. Would the project: a. Physically divide an established X community? b. Conflict with applicable land use X 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? c. Conflict with any applicable X habitat conservation plan or natural community conservation Ian. X. MINERAL RESOURCES. Would the project: 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 X a locally- important mineral resource recovery site delineated on a local general plan, spec plan or other land use plan? EIS and Checklist 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 agencies? 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 existing without the project? d. A substantial temporary or X periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 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 project: 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 housing elsewhere? EIS and Checklist 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 housing elsewhere? XIII. PUBLIC SERVICES. a. Would the project result in X substantial adverse 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 any of the public services. I. Fire protection? X ii. Police protection? X iii. Schools? X iv. Parks? X v. Other public 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 project: 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 congestion at intersections)? EIS and Checklist 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 designated roads or highways? c. Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards X due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency X access? f. Result in inadequate parking X capacity? g. Conflict with adopted policies, X plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: 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? EIS and Checklist 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 project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with X sufficient permitted capacity to accommodate the project's solid waste disposal 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 history or rehisto . b. Does the project have impacts that X are individually limited, but cumulatively considerable? CCumulative 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 probably future projects)? c. Does the project have X environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly, EIS and Checklist D. DISCUSSION OF ENVIRONMENTAL EVALUATION Please refer to the Environmental Initial Study Checklist Form above when reading the following evaluation. AESTHETICS: The site is located on a segment of Midland Road which is a General Plan designated scenic corridor. The segment of Midland Road in this area is the site of "Old Poway" and Old Poway Park. The park will not be highly visible from Midland Road. The project will maintain a number of existing trees along the Midland Road site frontage, in addition to adding trees. The General Plan requires that new development in this area utilize architectural styles consistent with the Old Poway Specific Plan and the historic theme of the area. New structures associated with the project, such as the concessions /storage building, backstop and trail fencing, pedestrian lighting fixtures, and other hardscape elements (i.e.: trash receptacles, benches, etc) will been designed to incorporate the Old Poway Park design theme. Also in keeping with the Old Poway Park theme the project has incorporated wide open space areas with meandering walkways and picnic areas, deep setbacks from the street for the on -site parking lot, and orchard style tree planting in the parking lot. In lieu of the contemporary type of ball field spectator seating areas (i.e.: bleacher), simple grassy areas will be used for seating. Impacts to the scenic corridor will be less than significant. With the exception of one single - family home, which will be demolished in the near future, the project site is an area absent of any structures with only trees and other landscaping. The site had been previously developed with residential uses (6 homes) and an agricultural use (i.e. a Christmas tree farm), but the residential structures and the pine trees have been recently removed. The project will introduce a public park into the area which will result in the removal of some existing trees and establishment of new structures and lighting. This will be a change from the present character of the site. The change, however, is not considered to have a demonstrable negative effect since the project is a park ang, therefore, the impact will be less than significant. The site is surrounded by developrYient, and nearly all of it has been developed in the past. As noted above, new structures associated with the project, such as the concessions /storage building, backstop and trail fencing, pedestrian lighting fixtures, and other hardscape elements (i.e.: trash receptacles, benches, etc) have been designed to incorporate the Old Poway Park design theme and will not be aesthetically unappealing. The proposed project will result in the removal of non - native landscaping that was established in conjunction with the previous residential uses, and one native tree, which is a California Sycamore. The majority of pine trees that were a part of the commercial Christmas tree lot have already been removed. The removal of the single California Sycamore, as well as the preservation of other native trees on -site (i.e.: five Coast Live Oaks), is discussed in the Biological Resources subsection. The non - native landscaping to be removed includes ornamental ground covers, shrubs, and trees. In terms of trees, it has been estimated that 97 trees (including the single native tree), of the total of 168 existing on -site trees, will be removed in connection with the project. The remaining 71 trees, including the oaks, will be preserved on -site. EIS and Checklist Tree removal is not solely necessitated by the need to accommodate the proposed park improvements (i.e.: a parking area, play area, or ball field). Some trees are being removed due to poor health, to eliminate a safety hazard, thinning to promote the health of other nearby trees, or the particular species is not in keeping with the theme of the proposed park. Tree species proposed to be removed include Mexican fan palms, Italian Cypress, California Pepper, olive, and miscellaneous fruit trees. The removal of non - native trees will be offset through the planting on -site of .59 new, healthy, shade trees, and through the transplant, where feasible, of some of the healthy trees planned to be removed which are in keeping with the theme of the proposed park (i.e.: Olive trees). Additionally, to offset the removal of the trees, an extra 181 new, healthy, shade trees will be planted in the vicinity of the site enhancing the overall Old Poway area. The proposed project includes new lighting, which includes pedestrian pathway lights, parking lot lights, lighting on the one proposed building, and ball field lights for a single field. Parking lot, walkway, and building lights will all be low- pressure sodium. All lighting will be shielded and directed so as to not spill onto adjacent properties as required by the City's Municipal Code. The proposed ball field lighting will consist of four poles, 2 at 60 feet in height and 2 at 70 feet in height. The lighting is 1500 watt, metal halide. The lighting contractor, who does ball field lighting for other facilities in the City, would install and maintain the ball field lighting at the proposed park. The contractor guarantees no light spillage onto adjacent residential properties, and can guarantee a very low light spillage factor (i.e.: .35 maximum foot - candles) measured at a distance 150 feet from the perimeter of the lighted ball field, which is at least an additional 50 feet from any residential property line. It is also important to note that many of the existing mature trees on -site have been incorporated in the proposed park and that the single lighted field was located on the site the maximum possible distance from adjacent residential properties. Many of those trees are in between the lighted field and the adjacent residential uses and will further block lighting. Additionally, all City parks close at 10 p.m., at which time the lights will be turned off. Impacts resulting from the proposed park lighting are considered to be less than significant. AGRICULTURAL RESOURCES: The project will not have a significant adverse impact on the agricultural resources. A portion of the site was used for agriculture recently (the commercial Christmas Tree Farm); however, the site has not been classified by the State Department of Conservation as an important agricultural land. AIR QUALITY: Air quality in the surrounding area will be temporarily impacted during construction. All construction vehicles are required under standard City regulations to follow best management practices (BMP) to reduce the amount of emissions and dust. This includes the proper tuning of vehicles and the use of water trucks during grading. The project will result in increases in vehicle traffic, thereby incrementally impacting air quality locally and in the region due to vehicle emissions. According to the traffic study prepared by Urban Systems and Associates dated April 10, 2004, the project will add, as a worst case scenario, an estimated 613 vehicle trips on the weekdays and an estimated 1,224 vehicle trips on Saturday. According to the project Traffic Study, EIS and Checklist however, the increase - in traffic do not change the existing . -evels of Service (LOS) on street segments in the vicinity of the proposed project. A San Diego Regional Air Quality Strategies Plan -1994 (jointly developed by the Air Pollution Control District and the San Diego Association of Govern ments-SAN DAG) exists for the San Diego area and provides strategies for pollution controls to improve air quality in the region. Land use plans and build out projections of the General Plans of jurisdictions within the San Diego area were considered in establishing the strategies of the Regional Air Quality Strategies Plan. The Poway General Plan includes strategies that are directed toward reducing air emissions through land use patterns, transportation planning, regional agency cooperation, energy conservation, and construction. The proposed project is consistent with the Poway General Plan. Therefore, the proposed project is also consistent with the San Diego Regional Air Quality Strategies Plan through the land use and growth assumptions that were used in the document. Such consistency insures that the project will not have a significant adverse long -term impact on air quality locally and in the region. BIOLOGICAL RESOURCES: The site is located in a developed residential area, and was in the past developed with residential and agricultural uses. The site is located almost entirely in the fldodway or floodplain of Rattlesnake Creek. The City purchased the properties that make up the site in part to remove structures that are located in flood prone areas. Rattlesnake Creek, in the immediate vicinity of the site, is a regularly maintained concrete drainage channel, which is located along the easterly side of the site, adjacent to Midland Road. The site is classified as developed area on Poway Subarea Habitat Conservation Plan (HCP) maps, and is not located in any Biological Core and Linkages Area (BCLA) or preservation cornerstone of the HCP. A Biological Resources study was prepared for the project by REC Consultants dated November 14, 2003. The report indicates that the site is comprised of agricultural land, developed land (the two developed home sites that existed at the time of the study are now cleared of structures), disturbed area (i.e.: the sites of the previous home sites), and .27 acres of Eucalyptus Woodland. No wetlands have been identified on -site. No Federally or State listed sensitive plants or wildlife species were detected on -site. Per City HCP standards no sensitive habitats were identified on -site. The site does however contain .27 acres of Eucalyptus Woodland, which often provide a nesting site for raptors. In order to avoid potential impacts to nesting raptors the following mitigation measure is recommended: Mitigation: Prior to the removal of any tree within the Eucalyptus Woodland on -site, during the recognized nesting season for raptors, a qualified professional shall evaluate the subject tree(s) for a raptor nest and report the findings in writing to the City. Should a nest or nests be located the tree, removal shall be delayed until such time the nest or nests have been abandoned. The project will result in the removal of one California Sycamore tree, which is a native tree species. Also important to note, however, is that the project will preserve 5 other native trees (Coast Live Oaks) on -site. The City has an Urban Forestry Ordinance EIS and Checklist aimed at preserving existing trees where possible that also contains procedures for obtaining the approval for removal of existing native trees. A Tree Removal Permit will be required to be issued by the Director of Public Services to authorize the removal of the California Sycamore. Through the permitting process, a replacement tree, or replacement trees, will be required; therefore, there will be no significant impact. CULTURAL RESOURCES: The project site does not contain any historical structures. According to the Poway General Plan, the project site is located in an area with moderate probability to contain an archaeological resource. The site has been developed in the past. so the likelihood of an archeological resource find is questionable. However, in order to avoid a potential impact to an archeological resource, the following mitigation measure is recommended: Mitigation: Prior to conducting any grading of the site, testing of the site by a qualified professional shall be completed and a report on the testing and findings submitted to the City. Should testing discover archeological resources appropriate measures shall be followed to document, relocate, and /or preserve the resources. GEOLOGY AND SOILS: The subject site is not located on or near any known earthquake fault or in an area prone to landslides. The site is located on alluvial soils, which could be considered an unstable soils type. The preparation of the site for the project will ensure proper compaction of earth before development. There will be impacts in the areas of soils and geology. HAZARDS AND HAZARDOUS MATERIALS: The project does not involve the use of hazardous materials or emissions. The property has not been identified by local agencies as having hazardous or contaminated soils. Adequate emergency vehicle access has been designed into the project. As such, the project will not create a significant hazardous impact. HYDROLOGY AND WATER QUALITY: The site is located at the downstream end of a 6.6- square -mile watershed, within the floodway and flood plain of Rattlesnake Creek, as documented by Federal Emergency Management Agency (FEMA), Flood Insurance Rate Map (Panel No. 1356). The site, although currently vacant, was previously occupied by residences. Six residential structures, in addition to other accessory structures (i.e.: out buildings, sheds, fences, walls, etc), where removed by the City after the City purchased the properties. There is one additional home on a property owned by the City that will be demolished in the near future. The City purchased the properties for the purpose of eliminating obstructions in the floodway and redeveloping the site with a public use considered to be more appropriate in the floodway. The City's General Plan supports the siting of park, recreational, and other open space uses within designated floodways, as does FEMA. The proposed park plan has been presented to FEMA and FEMA has indicated that, since the site has been /or will be cleared of significant floodway obstructions, the City could allow new park development in the floodway if it can be demonstrated that the volume of any new obstruction is less than what existed previously. FEMA has also indicated that the City can move forward with preparing a simple floodway encroachment analysis to further document that there would be no net increase in the EIS and Checklist volume of obstruction and proceed with the project without further review by FEMA. (The FEMA letter, dated November 4, 2003, is included as an attachment in the project's Preliminary Drainage Study). Once the final park improvement details have been established, preparation of the analysis will occur. A Preliminary Drainage Study and a Standard Urban Storm Water Mitigation Plan, or SUSMP, have been prepared for the project by Stevens Cresto Engineering Inc (dated November 7, 2003). The plans explain how drainage on the site will occur and how the project will control and treat stormwater flows before discharge into the storm drain system. The project has incorporated adequate site design, source control, and treatment control Best Management Practices (BMPs), such as bio- filtration strips (i.e.: vegetated swales), expansive amounts of ground cover landscape areas, and catch basins. During construction the project will implement a Storm Water Pollution Prevention Plan (SWPPP) that will include a number of construction BMPs which could include the use of desilting basins, erosion control mats, fiber rolls, etc. The proposed project will not have a significant adverse impact on water or ground water quality or quantity, nor promote increased erosion, because the project has incorporated current State Regional Water Quality Control Board and City of Poway SUSMP and NPDES requirements into the design. The proposed project is designed to treat and slowly release run -off from the existing development and the new impervious area into the public storm drainage system consistent with SUSMP requirements. Erosion control plans will be required in association with the project grading plans. LAND USE AND PLANNING: The proposed project is located within the Rural Residential C (RR -C) General Plan land use area and zone and within the Old Poway Specific Plan area. According to the City's Municipal Code, public parks and recreational facilities are permitted in the RR -C with the issuance of a Conditional Use Permit (CUP). The stated goals of the Old Poway Specific Plan additionally encourage the planning and development of park and recreational uses in the area. The project is supported by and consistent with the City General Plan in that stated goals encourage the siting of parks and recreation facilities in close and convenient proximity to residential uses, the provision of sports fields for organized groups, and provision of parks that have both active and passive activity areas. The proposed project is located adjacent to residences and in a general area dominated by established residential uses. As with any situation where a park, with or without sports fields, is adjacent to a residential area there is a potential to disrupt the nearby neighborhoods. The potential for disruption is not considered to be a land use incompatibility issue, however, since the City General Plan, Zoning Ordinance, and Old Poway Park Specific Plan support the establishment of the use at this location. The disruptions are considered to be a less than significant impact for purposes of evaluation under the CEQA. The City has and will apply design /improvement requirements and certain special operational restrictions, to the extent practical, to the park, including the provision of a wide buffer area between the sports fields and adjacent residences, limitations on the hours of operation and use of amplified sound, and the provision of block walls, in its review and consideration of the project CUP. EIS and Checklist MINERAL RESOURCES: According to the City's Master Environmental Assessment, there are no known mineral resources in the project area. Therefore, the project will not have a significant adverse impact on any known mineral resource. NOISE: An assessment of noise associated with the project has been prepared by Wieland and Associates, dated April 15, 2004. The assessment evaluates anticipated noise associated with expected traffic generated by the park, construction noise, and noise associated with park activity. Traffic associated with the project will increase noise levels generated from the adjacent streets as shown in the following table: Weekday Traffic Noise Location Existing CNEL With CNEL CNEL Project Change Aubrey Street 53.5 dB 54.5dB 1 dB Midland Road, 63.0 dB 63.5 dB 0.5 dB North of Aubrey Street Midland Road, 63.5 dB 63.5 dB None South of Aubrey Street Weekend Traffic Noise Location Existing CNEL With CNEL CNEL Project Change Aubrey Street 52.5 dB 54.0 dB 1.5 dB Midland Road, 62.0 dB 62.5 dB 0.5 dB North of Aubrey Street Midland Road, 62.5 dB 62.5 dB None South of Aubrey Street The CNEL (Community Noise Equivalent Level) at the park and residences adjacent to Aubrey Street will comply with City General Plan limits with or without the project. At residences along Midland Road, the CNEL will exceed the City's limit with or without the project. As the change in noise exposure is only 0.5 dB or less (considered to be an unnoticeable amount), the impact is considered less than significant. Construction noise associated with the project could impact nearby residential uses temporarily. The project site is relatively flat and will not require extensive grading. Additionally, the project will not require any pile driving or rock blasting activity in site preparation, only the use of standard earth moving equipment. All grading and construction activity will be complying with City requirements (Sections 16.44.140 and 8.08.100 of the City's Municipal Code) regarding the allowable times of days, and allowable days of the week, that the activity can occur. Grading is only permitted between the hours of 7 a.m. and 6 p.m., Monday through Friday. Construction is only permitted between the hours of 7 a.m. and 7 p.m., Monday through Saturday. No work EIS and Checklist is permitted on holidays. The impacts associated with temporary construction noise are less than significant. The City's Municipal Code (Section 8.08.040) indicates that in most cases the 1 -hour average noise level generated by a particular activity may not exceed 40 dB(A) at an adjacent residential property line during any portion of the day. The Municipal Code also recognizes that certain specified types of uses, because of their unique nature, are eligible for exemption and /or variance from the stated standards. Section 8.08.170, Exemptions, lists those types of uses that would include certain emergency work; schools; sporting, entertainment, and public events; federal and state pre - empted activities; minor maintenance to residential property; and agricultural operation (under certain conditions). The proposed project, a City park, is considered by the City a use which is eligible for an exemption and /or variance to the standard as it involves public entertainment/sporting event. Noise typically associated with public park facilities, such as crowds cheering, children playing, car doors shutting, etc, is not considered to be health- impacting noise to people of normal sensitivity. Additionally, the City's General Plan considers it desirable from a land use planning perspective to site park and recreation facilities in close and convenient proximity to residential areas. The potential for exemption /variance from the standard is being considered by the Poway City Council at a public hearing and in conjunction with their consideration of the issuance of a Conditional Use Permit for the proposed. city park. Through the Conditional Use Permit process, the City can impose special operational and design requirements on the park, such as limitations on park hours of operation, increased buffering setbacks for the higher activity areas of the park from nearby residential uses, and restrictions on the use of amplified sound equipment. These special requirements will be incorporated in the proposed project. With the exemption from the standard and the application of special operational and design requirements, impacts from noise will be less than significant. POPULATION AND HOUSING: The City has over the past 1'/: years purchased the properties which comprise the site and has subsequently removed structures on the site. As noted earlier, the structures were in the floodway for Rattlesnake Creek. A total of 6 homes have been removed and one additional home will be removed in the near future. The City provided. relocation assistance, and those families have obtained housing. The loss of 7 residential units, that were located in a floodway, is not considered a significant impact on housing and population. PUBLIC SERVICES: The proposed project would establish a new City park. As such, the proposed project does not place a demand on existing school, park, and other public facilities, but relieves the demand. The project would not necessitate the expansion of any other public service facility (i.e.: a new fire station) to accommodate the project. There will be no significant impacts to public services. RECREATION: The proposed project would establish a new City park. As such, the proposed project does not place a demand on existing school, park, and other public facilities, but relieves the demand. EIS and Checklist TRANSPORTATION AND TRAFFIC: A Traffic Study has been prepared for the project by Urban Systems Associates dated April 13, 2004. The study analyzed the changes to traffic in the near and long term. Near term changes in traffic considered: 1) that the proposed park, with sports fields and other park amenities, would be established, and 2) the Midland School renovation, which is currently underway, would be completed. The renovated Midland School was considered as part of the project analysis because once completed, the School will have 2 sports fields that will be actively used, as opposed to the existing 4 sports fields, which will effect traffic in the area of the site. The traffic study estimates, as a worst -case scenario, that the park project will generate 613 vehicle trips on weekdays and 1,224 vehicle trips on Saturdays. The park generated traffic includes vehicle trips that would be generated by both general parts use and sports field use. Based on the expected trip distribution, the following tables show changes in average daily traffic (ADT) and Levels of Service (LOS) on the road segments in the vicinity of the project site for the weekday and the weekend. Weekday Changes in Traffic and Level of Service Saturday Changes in Traffic and Level of Service Midland Road, North of Aubrey Street Midland Road, South of Aubrey Street Aubrey Street, West of the Park Existing ADT 10,210 11,070 1,700 Post Project ADT 10,351 11,120 1,951 Change in ADT +141 +50 +251 Existing LOS B B A Post Project LOS B B I A Change in LOS I None None None Saturday Changes in Traffic and Level of Service The project will add traffic to the circulation system, however, the system can accommodate the increase. Levels of Service do not change as a result of the project, and will remain well above the minimum acceptable LOS. The project in the near term will not a have significant impact on traffic. It should also be noted that the City, in the interest of slowing traffic in the area and potentially discouraging through traffic in the neighborhood, has included traffic - calming techniques on Aubrey Street as part of an upcoming street improvement project for Aubrey and surrounding streets. Midland Road, North of Aubrey Street Midland Road, South of Aubrey Street Aubrey Street, West of the Park Existing ADT 7,970 8,900 1,350 Post Project ADT 8,140 8,815 1,724 Change in ADT 374 -85 170 Existing LOS A A A Post Project LOS A A A Change in LOS I None I None None The project will add traffic to the circulation system, however, the system can accommodate the increase. Levels of Service do not change as a result of the project, and will remain well above the minimum acceptable LOS. The project in the near term will not a have significant impact on traffic. It should also be noted that the City, in the interest of slowing traffic in the area and potentially discouraging through traffic in the neighborhood, has included traffic - calming techniques on Aubrey Street as part of an upcoming street improvement project for Aubrey and surrounding streets. EIS and Checklist The project was also evaluated within the context of long -term traffic impacts. In other words, the project was added to the ultimate build out condition of the area and City. Based on this analysis, the following table shows changes of LOS at build out with and without the project. Changes in Build out Level of Service The build out LOS on street segments in the vicinity of the project does not change as a result of the project. Therefore, the project will not a significant impact on traffic in the long term. The proposed park project would initially provide 122 new on -site parking spaces. Adjacent to the site at the northwest corner of the Midland Road /Aubrey Street intersection is an existing City parking lot with 53 spaces that would be available to park users. Additionally, as part of traffic calming /street improvements planned along Aubrey Street, a total of 14 parking spaces would be created. The total amount of parking readily available to the proposed park either on -site or in the immediate vicinity would be 189 spaces. It should also be noted that a 22- parking -space lot expansion area exists adjacent to the proposed on -site parking lot. This site is not owned by the City, but may be the subject of a future acquisition. Except for holidays, special tournaments and other events, Saturday is considered to be the day with the highest demand for parking for the park. Based on the vehicle trip assumptions contained in the project's Traffic Study, it has been estimated that the typical peak demand for parking on a Saturday would be 163 parking spaces. Based on this estimate of the typical demand on a Saturday, adequate parking is provided either on -site or in the immediate vicinity. Impacts from parking are expected to be less than significant. The park has not been designed to accommodate the anticipated parking demand associated with special events, such as sporting tournaments that would only occur occasionally. Special events will be managed by the City's Community Services Department to ensure that public parking in the vicinity (i.e.: in the Old Poway Park) is made available for Aubrey Park events. UTILITIES AND SERVICE SYSTEMS: The demand on utility and service systems generated by the proposed park is not considered significant and will not require the construction or expansion of any new water, wastewater, or storm water systems. MANDATORY FINDING OF SIGNIFICANCE: The project will not have a significant adverse impact on the environment that cannot be mitigated. M:Nplanning\04repoMcup\03 -15bup 0315 els.doc Midland Road, Midland Road, Aubrey Street, North of Aubrey South of Aubrey West of the Street Street Park LOS with Project A A E LOS without A A E Project Change in LOS None None I None The build out LOS on street segments in the vicinity of the project does not change as a result of the project. Therefore, the project will not a significant impact on traffic in the long term. The proposed park project would initially provide 122 new on -site parking spaces. Adjacent to the site at the northwest corner of the Midland Road /Aubrey Street intersection is an existing City parking lot with 53 spaces that would be available to park users. Additionally, as part of traffic calming /street improvements planned along Aubrey Street, a total of 14 parking spaces would be created. The total amount of parking readily available to the proposed park either on -site or in the immediate vicinity would be 189 spaces. It should also be noted that a 22- parking -space lot expansion area exists adjacent to the proposed on -site parking lot. This site is not owned by the City, but may be the subject of a future acquisition. Except for holidays, special tournaments and other events, Saturday is considered to be the day with the highest demand for parking for the park. Based on the vehicle trip assumptions contained in the project's Traffic Study, it has been estimated that the typical peak demand for parking on a Saturday would be 163 parking spaces. Based on this estimate of the typical demand on a Saturday, adequate parking is provided either on -site or in the immediate vicinity. Impacts from parking are expected to be less than significant. The park has not been designed to accommodate the anticipated parking demand associated with special events, such as sporting tournaments that would only occur occasionally. Special events will be managed by the City's Community Services Department to ensure that public parking in the vicinity (i.e.: in the Old Poway Park) is made available for Aubrey Park events. UTILITIES AND SERVICE SYSTEMS: The demand on utility and service systems generated by the proposed park is not considered significant and will not require the construction or expansion of any new water, wastewater, or storm water systems. MANDATORY FINDING OF SIGNIFICANCE: The project will not have a significant adverse impact on the environment that cannot be mitigated. M:Nplanning\04repoMcup\03 -15bup 0315 els.doc