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Res 93-080RESOLUTZON NO. 93- 080 A RESOLUTION OF THE POHAY CITY COUNCIL CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. SCH #92-061-007) FOR THE PROPOSED AMENDHENT TO THE PAGUAY REDEVELOPH£NT PLAN AND ADOPTING A MITIGATION MONITORING PROGRAM FOR THE IMPLEMENTATION OF THE PROPOSED PROJECT WHEREAS, the Poway Redevelopment Agency ("Agency") has prepared and submitted to the City Council of the City of Poway (the "City Council") a proposed Amended Redevelopment Plan (the "Amended Plan") for the Paguay Redevelopment Project (the "Project") which would: (1) increase the Amended Plan's limit on bonded debt that can be outstanding at any one time; (2) extend the Amended Plan's duration from December 31, 2028 until fiscal year 2030; (3) increase the total amount of tax increment revenue the Agency may collect from the Project Area; (4) extend the time limits of the Agency's authority to use eminent domain powers and incur debt; and (5) refine and expand the list of public improvement projects the Agency may undertake to provide needed improvements and correct inadequate infrastructure which impairs the Project Area's ability to redevelop; and WHEREAS, a final environmental impact report (the "Final EIR") on the proposed Amended Plan was prepared by the Agency, as the Lead Agency, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Admin. Code Section 15000 et seq., hereinafter the "State CEQA Guidelines") and local procedures adopted by the Agency pursuant thereto; and WHEREAS, a Notice of Completion of the Draft EIRwas filed with the Office of Planning and Research on September 8, 1992; and WHEREAS, copies of the Draft EIR were distributed for review to the State Clearinghouse and to those public agencies which have jurisdiction by law with respect to the proposed Project and to other interested persons and agencies including those agencies which levy taxes within the proposed Project Area, and the comments of such persons and agencies were sought; and WHEREAS, written and oral comments on the Draft EIR were received during the review period and the Draft EIR was thereafter revised and supplemented to adopt changes suggested; and WHEREAS, a joint public hearing was held by the Agency and the City Council on April 13, 1993, and continued to May 25, 1993, on the proposed Amended Plan and the Final EIR relating thereto, following notice duly and regularly given as required by law, and all interested persons expressing desire to comment thereon or object thereto having been heard, and said Final EIR and all comments and responses thereto having been considered; and WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented, and made a part of the Agency's Report to the City Council (the Resolution No. 93-080 Page 2 "Report to Council") on the proposed Amended Plan, incorporating all comments received and the response of the Agency and the Council thereto as of the date hereof; and WHEREAS, the Agency and the City Council have independently reviewed and analyzed all environmental documentation comprising the Final EIR and have found that the EIR considers all environmental effects of the proposed Project, and is complete and adequate and fully complies with all requirement of CEQA and the Guidelines; and WHEREAS, Section 2108! of the CEQA Statutes and Section 15091 of the CEQA Guidelines require that the City Council make one or more of the following findings prior to approval of a project for which a Final EIR has been completed identifying one or more significant effects of the project, along with a statement of facts supporting each finding: FINDING 1. Changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. FINDING 2. FINDING 3. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such findings have been adopted by other such agency or can and should be adopted by such other agency. Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR; and WHEREAS, Section 15093(a) of the Guidelines requires the decision-maker to balance the benefits of aproposed project against its unavoidable environmental risks in determining whether to approve the project; and WHEREAS, Section 15093(b) requires, where the decision of the public agency allows the occurrence of significant effects which are identified in the Final EIR but are not mitigated, the public agency must state, in writing, the reasons to support its action, based on the Final EIR or other information in the record; and WHEREAS, the City Council has independently reviewed, analyzed and considered all of the environmental and other documentation prepared to evaluate the proposed project, including but not limited to, the Staff Reports and Report to Council and all elements of the Final EIR; and WHEREAS, the City of Poway contemplates and directs continuing compliance with CEQA and the Guidelines as necessary in the implementation of the Project; and Resolution No. 93- 080 Page 3 WHEREAS, the City of Poway by separate action will consider adoption of the Statement of Overriding Considerations as required by Section 15091 and 15093 of the Guidelines; NOW, THEREFORE, THE POWAY City Council DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The City Council finds that the Final EIR reflects the independent judgement of the City Council, and hereby certifies that the Final EIR for the proposed Amended Plan for the Paguay Redevelopment Project is complete and adequate in that it addresses all environmental effects of the proposed Project and fully complies with all requirements of the California Environmental Quality Act, the State CEQA Guidelines and local procedures adopted pursuant thereto and that the City Council has reviewed and considered the information contained in the Final EIR. The Final EIR is composed of the following elements; ao Draft EIR, including the Mitigation Monitoring Program for the Implementation of the Proposed Project; b. Appendices to the Draft EIR; Co City Council and Agency staff reports dated April 13, 1993 and May 25, 1993; do Minutes of the City Council and Agency meetings dated April 13, 1993 and May 25, 1993; eo Comments received on the Draft EIR and responses to those comments; and fo All attachments, incorporation and references delineated in a.-e. above. All of the above information has been and will be on file with the Poway City Clerk's Office, Poway City Hall, located at 13325 Civic Center Drive, Poway, California. SECTION 2: The City Council has evaluated all comments, written and oral, received from persons who have reviewed the Draft EIR. SECTION 3: The City Council makes the findings contained in the Candidate CEQA Findings with respect to significant effects identified in the Final EIR and finds that each fact in support of the findings is true and is based upon substantial evidence in the record, including the Final EIR. The Candidate CEQA Findings is attached hereto as Attachment A (Statement of Facts) and incorporated herein by this reference. SECTION 4: The City Council finds that the Final EIR has identified all significant environmental effects of the proposed Project and that there are no known potential environmental effects not addressed in the Final EIR. Resolution No. 93-080 Page 4 SECTION 5: The City Council finds that all significant effects of the proposed project are set forth in the Statement of Facts and the Final EIR. SECTION 6: The City Council finds that although the Final EIR identifies certain significant environmental effects that will result if the Project is approved, all significant effects that can be feasibility mitigated or avoided have been reduced to an acceptable level by the imposition of mitigation measures on the approved Project. All mitigation measures shall be incorporated into conditions of approval. The list of mitigation measures is attached hereto as part of the Final EIR and is incorporated herein by this reference. The City Council hereby adopts the Mitigation Monitoring Program contained in the Final EIR. The said program includes mitigation measures which are hereby adopted for the implementation of the proposed Project. SECTION 7: The City Council finds that potential mitigation measures or project alternatives not incorporated into the Project (including the "No Project" alternative) were rejected as infeasible, based upon specific economic, social or other considerations as set forth in the Statement of Facts and the Final EIR. SECTION 8: The City Council finds that many of the unavoidable significant impacts of the Project, as identified in the Statement of Facts, that have been reduced to a level of insignificance have been substantially reduced in their impacts by the imposition of mitigation measures which shall be incorporated into conditions of Project approval. SECTION 9: The City Council finds that the Final EIR has described all reasonable alternatives to the Project that could feasibly obtain the basic objectives of the Project (including the "No Project" alternative), even when these alternatives might impede the attainment of the Project objects and might be more costly. Further, the City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the Draft EIR and all reasonable alternatives were considered in the review process of the Final EIR and ultimate decision on the Project. SECTION 10: Upon approval and adoption of the Amended Plan by the City Council, the City Clerk is hereby directed to file a Notice of Determination with the County Clerk of San Diego County and the Office of Planning and Research pursuant to the provision of Section 15094 of the State of CEQA Guidelines. SECTION 11: The City Clerk shall certify the adoption of this Resolution. Resolution No. 93-080 Page 5 PASSED, ADOPTED AND APPROVED by the City Council of Poway, California at a regular meeting thereof this 8th day of June , 1993. ATTEST: Don Higginson, M~r Marjor'~. Wahlsten, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify that the foregoing Resolution No. 93- 080 was duly adopted by the City Council at a meeting of said City Council on t e-h-6---8th day of June' 1993 and that is was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE Wahlsten, City Clerk c: \wp51\pi an\envreso, cc CANDIDATE CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPOSED AMENDMENT TO THE PAGUAY REDEVELOPMENT EIR (SCH#92-061-007) The following findings are made relative to the conclusions of the Final Environmental Impact Report (FEIR) for the proposed Amendment to the Paguay Redevelopment Plan. The proposed amendment to the Redevelopment Plan includes an increase on the limit on bonded indebtedness; an increase in the time limit to issue bonded debt; an increase in the limitation on tax increment moneys which may be allocated and received by the Poway Redevelopment Agency; and an extension of the time limit to initiate eminent domain proceedings. The amendment also includes a revision and update of potential projects that could receive funding and be implemented under the Plan. The proposed amendment was prompted because the Redevelopment Agency is approaching its limit on bonded indebtedness and tax increment, with a host of redevelopment projects still to be implemented. In addition, the eminent domain powers of the Agency are due to expire and the Agency would like to continue to have this option, should it be necessary in the future to acquire land for the implementation of redevelopment projects. These findings and Statement of Overriding Considerations are made in accordance with Sections 15091 through 15093 of the California Environmental Quality Act Guidelines and pursuant to Section 21081 of the California Public Resources Code. FINDINGS A. The Poway Redevelopment Agency, as Lead Agency and decision maker, has reviewed and considered the information contained in the Draft and Final EIR for the proposed Amendment and the public record, and finds, pursuant to CEQA and State CEQA Guidelines, that significant and unmitigable impacts on air quality may occur with future redevelopment projects. This requires that the Lead Agency issue a "Statement of Overriding Considerations" under Section 15093 and 15126 (b) of the State CEQA Guidelines if the Redevelopment Agency wishes to approve the proposed Amendment. The Statement of Overriding Considerations is contained in Section D hereof. In addition to significant, unmitigable impacts to Air Quality, the Poway Redevelopment Agency finds that changes or alterations must be incorporated into future redevelopment projects, in order to avoid or substantially lessen potentially significant environmental effects as identified in the FEIR with respect to the areas of (1) Earth and Geology, (2) Water and Hydrology, (3) Plant and Animal Life, (4) Noise, (5) Land Use, (6) Natural Resources, (7) Risk of Upset, (8) Population and Housing, (9) Traffic and Circulation, (10) Public Services, (11) Energy, (12) Utilities, (13) Aesthetics and Light and Glare, and (14) Cultural Resources. Specifically, the Poway Redevelopment Agency makes the following findings regarding the significant environmental effects associated with implementation of the Amended Paguay Redevelopment Plan ("the Project") identified in the Environmental Impact Report (SCH#92-061-007): With respect to Air Quality, long-terra impacts from implementation of future redevelopment projects on regional air quality may be significant and the imposition of mitigation measures identified in the FEIR would not completely avoid or substantially lessen these significant environmental impacts. Implementation of mitigation measures by the City of Poway and Redevelopment Agency will reduce short-term construction impacts to a level less than significant. However, significant long-tetra impacts will remain as based on the information and analysis contained in the FEIR. The Project Area is located within a "non-attainment" air basin and any further contribution of pollutant emissions to the basin could lead to significant impacts. Long-term impacts on air quality from future redevelopment projects will remain significant, even after implementation of the recommended mitigation measures in the FEIR. These mitigation measures are as follows: 1) Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. The use of low-sulfur fuel for construction equipment shall also be encouraged, where feasible. 2) Grading activities shall cease during periods of high winds. High winds are generally considered as winds with speeds over 15 miles an hour. 3) Construction activities shall cease during local Stage One smog alerts. 4) Dust control measures shall be practiced during excavation and grading activities. These include regular watering, minimizing cleared areas, paving, seeding, or landscaping right after grading activities, the use of water trucks or sprinkler systems, regular street sweeping, and use of soft stabilizers and binders. 5) Trucks transporting debris and excavated/fill material shall be covered at all times. 6) Redevelopment projects shall comply with Federal, State and San Diego APCD regulations on air quality and pollution control regulations prior to development. 7) New structures should utilize solar energy for lighting, heating, and power, as much as is feasible. Because significant impacts to regional air quality remain after mitigation, a Statement of Overriding Considerations is required and provided in Section D. be With respect to Earth and Geology, impacts from future redevelopment projects on slope stability, landsliding and earthquake hazards may be significant. Implementation of mitigation measures by the City of Poway and the Redevelopment Agency will reduce the impacts to levels less than significant based on the information and analysis contained in the FEIR and based on the following facts: Geologic and seismic hazards, and alteration of the local geology and soil resources can be reduced to in.~ignificant levels with the implementation of the mitigation measures in the FEIR. This measures are: 1) The Agency shall use the City's GIMS to determine where hazards may exist and provide adequate soil/geologic investigations prior to development or construction. 2) Community centers, libraries, fire stations and police stations shall be prohibited within identified hazard zones. Other development within these zones shall be required to prepare geotechnical studies and to implement corrective engineering measures, prior to development. 3) Seismic design criteria of the Uniform Building Code shall be adhered to for all building construction. Existing structures shall be rehabilitated to comply with current seismic standards, prior to their reuse. 4) New structures within the Project Area shall be incorporated into the City's/County's Emergency Preparedness Plan, which include procedures for the responding to emergencies. 5) Appropriate geotechnical review for all development must be completed prior to building approval. 6) 7) 8) 9) 11) Future redevelopment projects shall employ erosion control measures for development on steep slopes. Areas with slopes ranging from 15 to 25 percent shall comply with special standards for development. Areas with more than a 25 percent slope shall be allowed only limited grading and development is generally discouraged. All future redevelopment projects shah follow the City's geologic and seismic safety standards. Engineering methods to remove hazards shall be employed where possible. Othemrise, development shall be prohibited unless existing hazards are mitigated. The Agency shall explore the feasibility of stockpiling and reusing topsoil for later use in vegetation, when redevelopment projects involve extensive grading and excavation. Where conditions of steep slope, fragile soils and geology and areas subject to landslide exist, the Agency must in.qst on adequate soils and geologic investigations of specific sites before development approval to avoid erosion or the creation of conditions hazardous, to life and property. The following measures shall be followed for redevelopment projects: a) The intensity of development shall be limited, based on percentage of slope. b) Significant ridgelines and hillsides shall be protected from (urban) development. c) Urban development shall not be pe~,nitted in areas subject to landslide. d) Adequate design and construction shall be required in areas subject to seismic damage. e) Erosion shall be controlled during construction through proper planning and grading techniques. f) Long-term erosion shall be controlled through revegetation and the installation of proper drainage control devices where necessary. Erosion control shall be required during both the construction phase and the long-term. Ce h) Open space, undeveloped or agricultural areas shall not be disturbed to the extent that erosion could occur without application of proper soil management techniques. i) Soils having moderate to high rates of permeability shall be left in their natural state to reduce nmoff and encourage groundwater recharge. J) Hillside construction shall be avoided during rainfall and for a number of days after a rain, to permit adequate drying of the soil. k) Adequate compaction and drainage of fill material shall be required to avoid build-up in sub-surface hydrologic pressure. 1) Avoidance of development on steep slopes. m) Avoid areas of potential geologic hazard. n) Require proper soil management. With respect to Water and Hydrology, impacts from future redevelopment projects on groundwater, water quality and flood hazards may be significant. Implementation of mitigation measures by the City of Poway and the Poway Redevelopment Agency will reduce the ~mpacts to insignificant levels based on information and analysis contained in the FEIR. Changes in groundwater and surface water resources and flood hazards can be reduced to insignificant levels with the mitigation measures in the FEIR. These measures are: 1) Protect development from flood hazards by construction 1 foot above the 100-year flood level in hazard areas or the installation of flood control channels. 2) Future redevelopment projects shall incorporate flood protection measures for proposed developments in designated flood plains. Flood plain standards in the Poway Comprehensive Plan shall be followed. 3) Future flood control projects under the redevelopment plan shall maintain the natural character of creeks, as much as possible through standards in the City's Comprehensive Plan. 5 4) 5) 6) 7) 8) 9) 11) 12) Limit paving as much as possible within new development to allow on-site percolation of storra runoff and recharge of the groundwater resource. Provide storm drain facilities in flood-prone areas prior to development pursuant to City Engineer requirements. On-site storm drainage detention for adequate drainage shall be provided for the portion of the Redevelopment Project Area which does not have an existing storm drain system. Critical facilities, (fire and police stations, hospitals, evacuation centers, etc.) shall not be located within flood hazard areas. The City shall m~intain or require the maintenance of the storm drainage system to prevent the creation of flood hazards. The City shall preserve watershed areas to prevent the creation of flood hazards. Storm drain runoff from redevelopment projects shall meet NPDES requirements. Permits from the Department of Fish and Game and other responsible agencies shall be obtained prior to the implementation of projects which involve the diversion, obstruction of the natural flow, or changes in the bed, channel, or bank of a river, stream, or lake. Solving Poway's flood hazards will continue to be one of the City's and the Agency's highest priorities. Recent increases in flood damage along watercourses suggests that the City not pe,~t intensive development within the flood plaln.q of these creeks until long-range solutions are in place. Mitigation measures are: a) Maintain the major creeks to keep them free of flood water obstructions such as debris and vegetation that may choke the channels. b) Permit only very low density uses within floodplain.q until pexmanent flood-proofing is achieved. Even for very low density uses, flood proofing of new structures should be required through increasing foundation elevations and assuring that underlying fill will not be eroded by floodwaters. do Detention basins should be constructed at upper elevations of creeks to permit slow release of impounded waters after a rain has ceased. Detention basins would also reduce greatly the velocity of runoff and therefore the potential for downstream damage to creek banks. d) Land within the 100 year flood plain shall be designated for low density residential or open space uses. e) Improvements to developed land shall require upgrading of a use or structure to City flood hazard management standards. Development within floodplains shall be allowed only if the following conditions are met: Foundations must be at least one foot above the 100- year flood level. The 100-year flood level on individual project sites must be delineated and certified by a qualified civil or hydrological engineer. All-weather access must be provided to all developments. Certification that upstream or downstream changes to the floodplain will not occur. g) Avoid dependence on groundwater resources by continuing to import domestic water supplies and implementation of the City's Groundwater Policy. h) Reduce flood damage while retaining the natural character of creeks and channels by limiting development within floodplains and constructing water detention basim on upper reaches of major drainageways. With respect to Plant and Animal l.lfe, impacts from implementation of the future redevelopment projects on animal and plant species and their habitats may be significant. Implementation of mitigation measures by the City of Poway and the Redevelopment Agency will reduce the impacts to a level less than significant based on infmmation and analysis contained in the FEIR. The disturbance of existing plant and animal species and sensitive habitats due to future redevelopment projects can be reduced to in~qignificant levels with the recommended mitigation measures. These measures are: Plant Life ~) 2) 3) 4) 5) 6) 7) 8) 9) Prior to implementation of proposed improvements on undeveloped sites in areas identified as sensitive and where native vegetation is present, a biological assessmem shall be prepared to determine if any endangered or threatened plant species exist on the site. The use of stream buffer areas and their maintenance in natural conditions through non-structural flood control methods will be explored to help preserve wildlife corridors. The Agency shall ensure that no net loss of wetland acreage or habitat values accompany new development pursuant to the Department of Interior and Department of Fish and Game requirements. The Agency shall consult with the California Department of Fish and Game prior to any diversion, obstruction or changes in the natural flow in the bed, channel, bank of a river, lake or stream. It shall comply with wetland policies and other regulations regarding sensitive plants and animals. Future redevelopment projects shall incorporate measures to protect biological resources in the area, in compliance with standards contained in the Poway Comprehensive Plan. This includes restriction on the disruption of biological communities, preserving sensitive areas as open space, and compliance with the City's habitat conservation plans for rare, sensitive or endangered species. The Agency shall obtain the necessary approvals prior to the disturbance of coast live oak, holly oak, California sycamores, or any tree within a public right-of-way. Future redevelopment projects shall undergo environmental review in accordance to CEQA, to mitigate adverse impacts on wildlife and other potentially significant impacts. Development, including roads, shall be set back from the creekside areas sufficient to avoid damage to vegetation. Stands of oak, sycamore and eucalyptus trees shall be integrated into project design instead of being removed. Needless removal of mature trees should be prohibited by ordinance. Animal Life 2) 3) 4) 5) 6) Development shall require a qualified biological assessment to avoid the loss or disruption of the habitat of rare or endangered species of plants. A qualified horticultural and biological assessment shall be made of trees, shrubs and undergrowth within and along creek channels prior to their removal to avoid needless loss of vegetation and habitat. Selective removal should be practiced within channels where remaining vegetation will not constitute a significant reduction in stream flow. Avoid damage to biological resources by protecting significant tree stands and limiting encroachment into oak woodlands and areas of riparian vegetation. Prior to implementation of proposed improvements on nndeveloped sites that have been undisturbed or are within a sensitive habitat, a biological assessment shall be prepared to dete~s,,ine if any sensitive, rare, endangered or threatened animal species exist on the site. Projects shall be redesigned and/or relocated if no feasible mitigation measure exists to prevent the destruction of endangered, rare or threatened animal species. Other mitigation measures approved by the Department of Fish and Game may be implemented to preserve identified endangered species. Riparian habitats shall be preserved in their natural conditions, as much as possible, to help preserve wildlife corridors. The Agency shall consult with the Department of Fish and Game prior to any disturbance of habitats of sensitive, threatened, rare and endangered animal species. Future redevelopment projects shall incorporate measures to protect biological resources in the area, in compliance with standards contained in the Poway Comprehensive Plan_ This includes restrictions on the disruption of biological communities, preserving sensitive areas as open space, compliance with the City's habitat conservation plans for rare, sensitive or endangered species. Future redevelopment projects shall conform with the Poway Wildlife Corridor system which includes a north-south corridor through the San Dieguito River, the Sycamore Canyon corridor, the east-west corridor along Iron Mountain, and the Penasquitos corridor. With respect to Noise, the impacts of furore redevelopment projects would include severe noise levels and increases in ambient noise which may be si~ificant in the absence of mitigation. Implementation of the mitigation measures in the FEIR will reduce the identified impacts to imignificant levels, as based on the information and analysis in the The short-term and long-tera~ noise impacts of future redevelopment projects can be reduced to insignificant levels with the mitigation measures outlined in the FEIR and listed below: 1) Construction activities shall be limited between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays. No construction shall be permitted on Sundays and holidays. 2) All construction equipment operating within 1,000 feet of a dwelling nnlt shall be properly tuned and equipped with an operating and maintained muffler exhaust system. 3) In the event that noise barriers are required along roadways, the following measures shall be taken: Earthen berms, walls, or a combination of the two shall be provided at an adequate height to reduce outside noise levels to 60 CNEL. Construction of noise wails may not be necessary where alternate methods of noise reduction techniques, such as setbacks from roadways, grade separations, and exterior living orientation can provide similar reductions. Ultimate noise barrier heights shall be determined once final grading plans are developed. 4) The Agency shall prepare acoustical studies for development in areas within high noise levels (major roadways). Noise control includes controlling noise stationary sources, providing a barrier to the noise path (walls, trees, berms), insulation of noise sensitive uses (design features such as solid walls, double panes, etc.) and masking the noise with more pleasant sounds (waterfall, leaves, soft music). 5) The Agency shall locate noise sensitive uses away from noisy areas or provide buffers and insulation to maintain' interior 10 noise levels at 45 dB CNEL and exterior noise levels at 60 dB 6) Redevelopment projects shall comply with city, federal, and state guidelines on vehicle noise, roadway construction, occupational noise, and noise abatement and insulation standards. 7) Residential projects shall be buffered from existing noise generating uses and redevelopment projects shall provide adequate buffers if located near residential areas. With respect to Land Use, future redevelopment projects may lead to changes in existing land uses. Implementation of the mitigation measures in the FEIR will prevent land use conflicts, as based on the information and analysis in the FEIR. Land use conflicts and incompatibilities in the Project Area can be avoided with the following measures, as contained in the FEIR. 1) Redevelopment projects sball incorporate buffer areas for uses which may create land use conflicts or incompatibilities with existing uses. 2) Proposed developments shall comply with the City's Comprehensive Plan~ Zoning Development Code, and other adopted community pl:m~. This shall include applicable property development and performance standards in the Zoning Development Code. 3) Proposed structures will be subject to Development Review. 4) Discourage development which may require the expensive extension of utilities and infrastructure to areas not currently served by such services within 1/4 mile. 5) Commercial revitalization projects under the Redevelopment Plan shall comply with the Poway Marketing Plan. The Agency shall encourage the conservation and rehabilitation of businesses in the project area. 6) Redevelopment projects shall be designed to be compatible with the rural character of the City. 7) The City should require a "development agreement" as a condition of large-scale phased development of parcels having 20 or more acres. Such an agreement assures the developer of a long-term capability to build, while assuring the City that the 11 rate of development will not exceed the conditions set forth in the agreement. Under the State Pl~nn~ug Law, such an agreement is adopted by ordinance, and can be changed only by written agreement of both parties and amendment of the basic ordinance. This mitigation measure responds to a basic policy of the City's Comprehensive Plan that further development is not to be permitted in areas where the full range of governmental services cannot be provided. The "development agreement" becomes an in.~tmment to assure that any given project will pay its own way in meeting capital costs of City services. 8) Protect the rural character of the community through implementing the Community Design, Natural Resources and Scenic Roadway Elements of the Poway Comprehensive Plan. 9) Maintain the existing basic pattern of land use by encouraging in-fill development, consistent with the City's Comprehensive Plan and Proposition FF. With respect to Natural Resources, future redevelopment projects include an increase in the demand for construction materials and natural resources. Implementation of the mitigation measures would prevent any significant adverse impacts on natural resources, as based on the analysis in the FEIR. The consumption of construction materials and natural resources by future redevelopment projects can be kept at insignificant levels with implementation of the following measures: . 1) Redevelopment projects that involve the demolition of existing structures shall incorporate the salvage of building materials which may be reused for other purposes. 2) The Calmat facility shall develop a reclamation plan for the area, to allow future use of the site, after extraction activities are ceased. 3) The City shall encourage and promote water conservation techniques and awareness within the community. 4) Redevelopment projects shall use reclaimed water whenever it is economically justified, technically feasible, and consistent with legal requirements, the preservation of public health, safety and welfare, and environmentally desirable. Reclaimed water uses may include landscape irrigation, filling of artificial lakes, industrial processes, and agricultural production. 12 5) The Redevelopment Agency shall encourage businesses in the Project Area to participate in recycling and source reduction programs. 6) The Redevelopment Agency shall incorporate passive energy conservation concepts and other energy conservation measures into proposed building designs. With respect to Risk of Upset, future redevelopment projects may expose individuals to risk fi.om hazardous materials, spills, explosion or fire, and other hazards in the area. Implementation of the mitigation measures will prevent significant impacts, as based on the analysis in the FEIR. Risk of Upset conditions can be avoided and risks from hazardous materials reduced to insignificant levels with the mitigation measures in the FEIR and listed below: 1) Guidelines on hazardous waste management shall be followed with regard to the siting of sensitive receptors in areas that currently contain hazardous waste generators/transportation lines. These standards are outlined in the County Hazardous Waste Management Plan and the Poway Comprehensive Plan. 2) Remedial action must be nndertaken for sites with hazardous materials contamination, prior to new building construction. Redevelopment projects shall not be located on contaminated sites, unless remediation programs have been completed. 3) The Agency shall obtain the necessary permits for identified contaminated sites and for users or generators of hazardous materials from the State Department of Health, Environmental Protection Agency, C~lifornia Water Resources Control Board, and the County Department of Health and other responsible agencies. 4) Critical facilities, such as fire stations and sheriff substations, shall not be located within areas associated with extreme and high risk for fire, explosion, or hazardous material contamination. 5) Adequate fire protection service shall be assured for redevelopment projects within fire hazard areas. 6) Future redevelopment projects shall comply with the City's Hazard Management Element. 13 7) Redevelopment projects shall be included in the Citfs Emergency Plan and emergency procedures shall be developed for public facilities prior to their occupancy. 8) Redevelopment projects shall minimize street closure of identified evacuation and emergency response routes and maintain at least one lane open during all roadway improvement projects. With respect to Population and Housing, furore redevelopment projects may have adverse impacts on the population and housing stock in the area. Implementation of the mitigation measures will reduce potential impacts to insignificant, based on the analysis in the FEIR. Changes to population and housing and disruption of the residents and existing housing stock can be mitigated to insignificant levels with the measures outlined in the FEIR and listed below: Population: 1) Future redevelopment projects shall be consistent with the Poway General Plan and Zoning Development Code. Housing: 1) Whenever low and moderate-income housing units are removed from the housing market as the result of a redevelopment project, the Redevelopment Agency, within 4 years of removal of the units, shall develop an equal number of replacement units within the City. Of those units, 75 percent shall be available to the same income level as those removed. 2) The Agency shall continue to assist or facilitate the development or rehabilitation of low and moderate income housing projects through the 20 percent set-aside of tax increment funds. 3) The Agency shall provide relocation assistance for all displaced residents, if housing demolition is necessary to construct a project under the redevelopment plan. 4) As required by State law, the Agency shall develop a Housing Plan, in order to assure that at least 15 percent of the Project Area's newly constructed or rehabilitated housing stock is affordable to households of low and moderate income, including the handicapped and senior citizens. Also, 30 percent of any Agency developed or rehabilitated housing shall be designated for Iow and moderate income households. 14 With respect to Traffic and Circulation, impacts from implementation of future redevelopment projects on traffic and circulation are significant, but the imposition of mitigation measures identified in the FEIR would avoid or substantially lessen these signi~icant environmental impacts. Enforcement of mitigation measures by the City of Poway and the Redevelopment Agency will reduce the impacts to a level less than significant based on infoxmation and analysis contained in the FEIR. Increases in traffic volumes and congestion associated with future redevelopment projects can be reduced to insignificant levels with the mitigation measures in the FEIR as provided below: 1) Traffic studies shall be conducted on projects that will be utilized by more than 200 people in one day. Mitigation measures such as road widening, restriping and signali?ation shall be incorporated into a project found to have significant traffic impacts. 2) Vehicles used in the construction of redevelopment projects shall be prohibited from using residential streets. 3) Transportation Demand Management Program~ shall be developed for projects employing more than 100 persons. 4) Carpooling, the use of public transit, park and ride programs and Transportation Management Association program~ shall be encouraged for public facilities constructed under the Redevelopment Plan. 5) The Redevelopment Agency shall implement roadway and traffic improvements according to the City's General Plan Transportation Element. 6) Parking standards in the Zoning Development Code shall be followed by future redevelopment projects. 7) Traffic and roadway improvements shall follow the roadway standards in the Comprehensive Plan. This includes projects dealing with public transits, scenic roadways, bicycles, equestrian and hiking trails, and pedestrian routes. 15 8) Traffic and roadway improvements shall be implemented where it will be necessary to mitigate the impacts of individual redevelopment projects, prior to occupancy of these projects. 9) Avoid adverse impacts of increased traffic by improving the City's circulation system through implementing policies of the Transportation Element of the Comprehensive Plan. With respect to Public Services, future redevelopment projects will create a demand or alter public services in the area. These impacts may be significant in the absence of mitigation. Implementation of the recommended mitigation measures will reduce impacts to imignificance, as based on the analysis in the FEIR. The increased demands and changes to public services that would accompany future redevelopment projects can be mitigated to in~ignlfi~ance with the measures in the FEIR and listed below: Fire Protection: 1) Fire protection facilities must be provided to maintain adequate levels of service throughout the Project Area pursuant to City standards. 2) All proposed structures shall be reviewed by the Fire Department for compliance with the Uniform Fire Code, the Unifom~ Building Code, and other fire safety standards. The requirements which shall be incorporated as part of the project may include, but not limited to, the following: Provision of sprinkler systems and fire alm'm systems. Use of fire resistant building materials. Use of fire resistive vegetation near structures. Setbacks from adjacent buildings. Use of fire retardant roofing materials for structures in high fire hazard areas. Provision of on-site fire lanes to ensure access to fire fighting equipment and personnel. Provision of adequate fireflow in on-site and off-site fire hydrants. Provision of a building plan to the fire department upon completion of the project. Development of a risk management and prevention plan for users of hazardous materials. 16 3) The City and Redevelopment Agency shall monitor the demand for fire protection and emergency services and phase the development of fire stations accordingly, with priority to areas with the greatest need. 4) The City shall continue its weed abatement program and fire buffer program~ along hillside roads, to reduce wildland fire hazards, in accordance with the provisions of Ordinance No. 345. Police Protection: 1) The City shall monitor the demand for police services and phase the development of police facilities accordingly, with priority to areas with the greatest need. 2) The City shall require the Sheriff's Department to comment on proposed developments to incorporate security measures which would reduce the need for police services. The measures may include: Provision of on-site security guards. Lighting of parking areas and walkways. Use of dead bolts, closed-circuit televisions, security aim're.% and other design features to increase on-site security. Elimination of dead spaces and areas of potential concealment. Provision of visible addresses and access to emergency vehicles. Provision of secure parking areas for building employees and users. 3) Police protection levels shall be maintained according to City standards. 4) The City shall continue crime prevention programs, as provided by the Sheriff's Department. School Services: 1) All new development (commercial, industrial, and residential projects) that would be funded by the Redevelopment Plan shall pay school impact fees to help finance the need for additional facilities and services at area schools. 17 2) The City shall coordinate with the Poway Unified School District, the Palomar College District, and the San Diego Office of Education prior to the development of the Agency's homing projects, in order to prevent overcrowding at existing facilities. 3) The Redevelopment Agency shall work with the different school service providers on potential joint use agreements on the development of public facilities which could benefit all parties involved. They shall also cooperate on projects which would help improve school services in the area and at the same time prevent the deterioration or overburdening of existing facilities. 4) Avoid adverse impacts on local schools by implementing policies of the Public Facilities Element of the Poway Comprehensive Plan~ including the need for coordination of the review of development proposals by the City and the Poway Unified School District. Parks and Recreational Facilities: 1) Parks and recreational facilities constructed under the Redevelopment Plan shall be in accordance with the Poway General Plan Public Facilities Element. 2) The City and Redevelopment Agency shall develop parks, recreation, and open space facilities to serve the greatest m~mber of users in the City and provide facilities that are within easy access to all residents. 3) The City shall continue joint use agreements with the Poway Unified School District to develop recreational facilities near schools and optimize the use of these facilities. With respect to Energy, future redevelopment projects will create a demand for energy in the area. These impacts may be significant in the absence of mitigation. Implementation of the recommended mitigation measures will reduce impacts to insignificance, as based on the analysis in the FEIR. The increased demand for energy that would accompany future redevelopment projects can be mitigated to insignificance with the measures in the FEIR and listed below: 18 mo 1) All buildings constructed under the Redevelopment Plan shall comply with Title 24 of the California Code of Regulations for in.qulation and energy conservation standards. 2) Buildings constructed as a part of the public infrastructure improvements shall use low-wattage interior and exterior fluorescent lighting, or other energy-efficient alternative. 3) Routine maintenance on gasoline and diesel fuel equipment shall be reqnired. 4) Material stockpiling and double handling shall be avoided during building and infrastructure construction. 5) Glass exteriors shall be minimized to reduce air conditioning requirements. 6) New buildings shall incorporate energy-saving devices, whenever feasible. 7) Energy efficient exterior and interior lighting, appliances and equipment shall be used in all redevelopment projects. 8) Solar energy shall be used, whenever feasible (outdoor lighting, swimming pool heating, etc.). 9) Natural gas systems shall be used for heating requirements, where feasible. xo) The Agency shall incorporate other energy conservation design practices into new construction, in compliance with program.~ of the Commnnlty Development Master Element of the Poway Comprehensive Plan. 11) Redevelopment projects shall be consistent with the capability of public service agencies to provide cost-effective services. With respect to Utilities, future redevelopment projects will create a demand for utility services in the area. These impacts may be significant in the absence of mitigation. Implementation of the recommended mitigation measures will reduce impacts to in~igniflcance, as based on the analysis in the FEIR. 19 The increased demand on utilities that would accompany future redevelopment projects can be mitigated to insignificance with the measures in the FEIR and listed below: Water Services: 1) All redevelopment projects shall comply with water conservation measures recommended by the State Department of Water Resources and the Poway General Plan Public Facilities Element. 2) Water system improvements and the extension of water lines shall be provided before redevelopment projects are occupied to ensure adequate service can be available. 3) The Agency shall comply with the City's water conservation program (Ordinance 336). This includes public information campaigns, the retrofit/rebate program~ and the use of drip irrigation at City facilities. 4) Water conservation practices, design and technology shall be implemented in all new construction. These may include: Water conserving plumbing fixtures and appliances shall be used in all new construction. All applicable sections of Titles 20 and 24 of the California Code of Regulations regarding water consumption and conservation shall be enforced. Irrigation systems that minimize runoff and evaporation, and maximize water availability to plant roots shall be required. Drip line irrigation, low-volume irrigation system, soil moisture sensors, and automatic irrigation systems are acceptable water- saving irrigation methods. Landscape plans shall incorporate native or drought-tolerant plant species. Mulching shall be used in all landscape areas. I Projects shall be pre-plumbed for reclaimed water use for landscape irrigation, where feasible. Provide self-closing drinking fountains and faucets in public rest rooms 20 Develop water conservation programs for awareness and information to encourage employees and users to conserve water. 5) The Agency shall incorporate water system retrofit programs for future rehabilitation projects under the Redevelopment Plan. 6) The City of Poway shall continue to pursue, through cooperative efforts with the City of San Diego/Clean Water Program, the establishment of a new wastewater treatment and water reclamation facility. The new facility should be designed, constructed and operated to sufficiently accommodate the ultimate wastewater treatment capacity needs of the Poway Sewer Service Area, and the ultimate reclaimed water capacity needs of the Poway/I-15 regional area. 7) Redevelopment projects sball be consistent with the capability of public service agencies to provide cost-effective services. Sewer Services: 1) The San Diego Metropolitan Sewer System shall be consulted for sewer service availability to serve future redevelopmem projects prior to construction. 2) All redevelopment projects shall connect to the sewer system. 3) Sewer system improvements in the Project Area shall be constructed with priority to areas with the greatest need. 4) Water conservation measures listed in Section 4.16.1 will help to lessen the amount of sewage flow. 5) The City of Poway shall continue to pursue, through cooperative efforts with the City of San Diego/Clean Water Program, the establishment of a new wastewater treatment and water reclamation facility. The new fac'flity should be designed, constructed and operated to sufficiently accommodate the ultimate wastewater treatment capacity needs of the Poway Sewer Service Area, and the ultimate reclaimed water capacity needs of the Poway/I-15 regional area. 21 6) Redevelopment projects shall be consistent with the capability of public service agencies to provide cost-effective services. Solid Waste and Disposal: 1) The City or Agency shall develop recycling programs within individual redevelopment projects in accordance with the Poway General Plan Public Safety Element. 2) The City shall publish the advantages of recycLing and extending the life of area landfills. 3) Future redevelopment projects shall limit the excavation and grading of project sites. 4) The City shall experiment with composting on park facilities built under the Plan to limit trash from tree trimming and clippings. 5) Redevelopment projects shall help reduce the volume of solid waste by packing, sorting and the use of tramfer stations. 6) The City shall implement the area-wide recycling programs in compliance with AB 939. 7) The Agency shall encourage businesses within the Project Area to participate in source reduction and recycling programs. 8) Redevelopment projects that involve the demolition of existing structures shall include the salvage of building materials for resale or use for other construction. Storm Drainage: 1) Prior to issuance of a grading pemdt for any property located within a 100 or 500-year flood zone, flood management measures shall be submitted to the City for approval. 2) Flood control channels, storm drain improvements and other drainage facilities shall be developed in accordance with the Master Plan for Flood Control and Drainage and the Poway General Plan Natural Resources Element. 22 3) 4) 5) 7) 8) Storm drainage improvements shall be constructed with priority to areas with the greatest flooding hazard. Adequate storm drain facilities shall be constructed prior to the occupancy of projects that are built under the Redevelopment The following measures shall be required to reduce the quantity of street pollutants that enter the local storm drainage system both during construction and after permanent facilities have been built: Installation of temporary erosion control devices as required by the State Regional Water Quality Control Board. Utilization of desiltation devices (sandbags) in areas that may di.qcharge runoff into city streets or natural watercourses. Regular street and parking lot sweeping. Any accumulation of mud or silt on any project site shall be cleaned after each rain: or as necessary. Landscape areas to reduce debris and silt in storm runoff. Redevelopment projects shall comply with NPDES requirements for runoff disposal and discharge standards. Flood control projects, if necessary, must obtain appropriate pek'mits from responsible agencies and shall be reviewed by the following prior to approval and implementation: San Diego County Water Quality Control Board, State Water Resources Agency, California Department of Fish and Game, U.S. Aany Corps of Engineers, and U.S. Fish and Wildlife Service. Future redevelopment projects shall incorporate flood protection measures for proposed developments in designated flood plains. Flood plain standards in the Poway Comprehensive Plan shall be followed. 9) Future flood control projects under the Redevelopment Plan shall maintain the natural character of creeks, as much as possible through standards in the Poway Comprehensive Plan. l.imit paving as much as possible within new development to allow on-site percolation of storm runoff and recharge of the groundwater resource. 11) The City shall ma~ntaln or require the maintenance of the storm drainage system to prevent the creation of flood hazards. 12) Natural locations and rates of discharge into creeks and channels should not be increased without sufficient mitigation to ensure that significant alteration of the natural system will not occur. Communication Systems: 1) The Agency shall consult with Pacific Bell on the service requirements of individual projects under the Redevelopment Plan. 2) The Agency sball underground new telephone lines that serve individual projects. 3) The City shall establish a program for the undergrounding of existing telephone lines. With respect to Aesthetics and Light and Glare, future redevelopment projects will lead to changes in the visual resources of the area and create light and glare impacts. These changes may be reduced to insignificant levels with mitigation measures, as based on the analysis in the FEIR. Changes in the aesthetic qualities of the Project Area and new light and glare sources can be reduced to insignificance with the mitigation measures below: 1) Future redevelopment projects shall be subject to development review, for compliance with the City's design guidelines and standards. These guidelines include on-site planning, architecture, amenities, landscaping, signage, and walls and fencing. 24 2) 3) 4) 5) 6) 7) 8) 9) 10) Property development and perfol'raance standards, sign regulations, and other requirements in the Zoning Development Code shall be complied with by furore redevelopment projects. Streetscape design strategies in the Comprehensive Plan shall be followed by furore redevelopment projects. Redevelopment projects shall comply with the hillside standards of the City. Standards for the protection and preservation of scenic areas and vistas, as comalned in the Poway Comprehensive Plan, shall be complied with by furore redevelopmem projects. Redevelopment projects shall comply with the Comm~mity Design Elemem. This includes: buffers or setbacks between residential ~nd commercial areas undergroundlng of utility lines preservation of ridgelines, views, vistas, and hilltops landscaping of open areas limitations on land alteration (grading) and preservation of the natural environment use a muted color scheme to reflect the rural character of the area Redevelopment projects shall comply with lighting standards in the Zoning Development Code. All redevelopment projects shall be reviewed to ensure that the proposed lighting designs will cause minimal spillover and glare. Outdoor lighting shall be directed downward and properly shielded to minimize impacts on adjacent (residential) properties. ' All new developmem must comply with the lighting standards in the City's Zoning Developmem Code regarding the use of high-pressure sodium lights and the use of mercury lights at auto dealers only (which must be turned off by 11 p.m.). This will prevent disruption of activities at the Palomar and Mourn Laguna Observatories. Building facades shall use non-reflective glass to reduce glare to passing motorists or adjacent uses. 25 Ot 11) Outdoor lighting shall be designed and in~talled so that all direct illumination is confined to the site and adjacent properties are protected from spillover illumination. The level of lighting in parking lots and along walkways shall comply with the City requirements. 12) Low wattage security lighting directed away from light-sensitive uses, shall be utilized and shall be shielded so as not to be visible from off-site locations. 13) Outdoor lighting for redevelopment projects shall use low pressure sodium lights or a similar alternative. With respect to Cultural Resources, potential impacts on undiscovered cultural resources and known historic resources may be significant. Implementation of mitigation measures by the City of Poway and Redevelopment Agency will reduce the impacts to insignificant levels, based on information and analysis contained in the FEIR. The disturbance or destruction of cultural resources in the area can be avoided and reduced to insignificant levels with the mitigation measures outlined in the FEIR and provided below: 1) All future redevelopment projects shall be subject to environmental review and shall comply with the City's Archaeological/Historical Guidelines, which is attached as Appendix E. 2) Structures more than 50 years old, shall be verified for historic significance prior to demolition. City Ordinance 296 shall be followed for the alteration of identified historic structures. Where historic sig-nifcance is detemdned, the Agency shall restore the historic qualities of a structure prior to its reuse. 3) A grading monitoring plan will be prepared for sites to ensure recovery of archaeological and paleontological resources on sites known to have high sensitivity for resources. 4) Proposed buildings shall reflect the historic character of adjacent structures, when located in historically sensitive areas. 5) During grading and excavation activities, the discovery of human remains is major cause to stop all work and to call the 26 Co County Coroner. Native American remains that are discovered shall comply with State codes and regulations of the Native American Heritage Commission. Fossil remains shall be preserved at educational or scientific institutions. 6) Archaeological and historic resources in Poway shall be protected through standards in the Comprehensive Plan. These include: Location of redevelopment project away from archaeological easements established by the City. Compliance with Ordinance 296 regarding the alteration or demolition of potentially historic structures. Compliance with City design standards and guidelines for historic structures and development near historic structures. 7) Protect areas of archaeological, cultural and historic significance by implementing the policies of the (Archaeological, Cultural) Prehistoric and Historic (Preservation) Resources Element of the Comprehensive Plan. The Poway Redevelopment Agency, as Lead Agency and decision maker, having reviewed and considered the information contained in the Draft and Final EIR for the proposed Amendment and the public record, finds that changes or alterations to future redevelopment projects would avoid or substantially lessen potentially significant environmental impacts with the implementation of the mitigation measures detailed above. The Poway Redevelopment Agency, as Lead Agency and decision maker, having reviewed and considered the in¢ormation contained in the Draft and Final EIR for the proposed Amendment and the public record, finds there are no specific economic, social, or other considerations which make the mitigation measures in the FEIR infeasible. With regards to the project alternatives, several issues may render any part or all of each alternative(s) unfeasible for reasons included below: Under the No Project Alternative, existing Paguay Redevelopment Plan would not be amended. This would not necessarily prevent the occurrence of environmental impacts associated with future redevelopment activities. Rather, it will scale down the number and pace of redevelopment efforts in the area. Thus, less environmental impacts may occur in the long run. 27 This alternative has been rejected in favor of the proposed Amendment, because redevelopment of the Project Area would be constrained by limitations in the existing Redevelopment Plan. It would hold back redevelopment efforts to eliminate blight in the City and prevent economic development of Poway. It would also hinder improvements to the City's commercial and industrial base. Under the No Eminent Domain Alternative, the expiration of eminent domain powers will limit the unwilling displacement and relocation of commercial and industrial uses in the area due to redevelopment. Land acquisition of public facility and residential, commercial of industrial development projects will have to be pursued through property owner negotiations. This will restrict the construction of projects to sites which the Agency can readily acquire. This alternative has been rejected because it will have the same environmental impact, as the proposed Amendment, but the loss of eminent domain powers may lead to increases in costs associated with land acquisition for future redevelopment projects. Under the Terra Extension Alternative, the term of the Redevelopment Plan will be extended 40 years from adoption of the amended Plan. This alternative has been rejected because even with this change, the Agency cannot issue bonds for the implementation of future redevelopment projects once it reaches its limit on bonded indebtedness nor receive tax increment money beyond $408 million. If the limits are not reached, lengthening the term of the Plan may provide the Poway Redevelopment Agency with time to pay off its indebtedness and later issue new bonds for future projects. This may result in projects being implemented at a slower pace but for a longer period of time. But reaching its limits on bonded indebtedness and tax increment will curtail redevelopment activities, even if the Plan has not expired. Thus, the objectives of the Agency may not necessarily be achieved with this alternative. 28 _.. STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPOSED AMENDMENT TO THE PAGUAY REDEVELOPMENT PLAN As concluded in the FEIR (SCH# 92-061-007) for the Amendment of the Paguay Redevelopment Pl~m~ all impacts, with the exception of the impacts to air quality, can be mitigated to insignlf~cant levels. The City of Poway is located within a "non-attainment" basin and further contributions of pollutant emissions to the basin are considered a significant impact. The Redevelopment Agency, as Lead Agency and decision maker, pursuant to the CEQA Guidelines (Section 15093), after balancing the benefits of the proposed Amendment against the unavoidable environmental effects in air quality which remaln~ notwithstanding the mitigation measures and alternatives described in the Findings for the Paguay Redevelopment Plan Amendment, determines that the remaining environmental effects are acceptable due to the following: Adoption and implementation of the proposed Amendment to the Paguay Redevelopment Plan would remove constraints to the redevelopment activities of the Agency and allow for the elimination of blighting conditions in the Project Area. The proposed Amendment was prompted because the Redevelopment Agency is approaching its limit on bonded indebtedness of $136 million at one time. It is seeking an increase in this limit to $275 million, in order to allow the Agency to continue to pursue some of its projects through bond financing, without waiting for tax increment funds. Tax increments are tied to the increase in property taxes from the sale of land and the increase in the value of the property. Without the ability to issue bonds, tax increment funds will come in limited amounts and the Agency will have to accumulate the funds before it can implement any one project. This could delay the construction of needed infrastructure ~nd public improvements, until loans can be secured or Agency funds are sufficient. Tied to the increase in bonded indebtedness, the Agency is also proposing to increase the time limit to incur debt. The existing Plan provides a 30-year time frame to issue bonded debt from the date of Plan adoption. The amended Plan includes a 30-year time frame to issue bonds from the adoption of the Amendment. In addition, with the increase in property values in the City, tax increment moneys are expected to reach the $408 million maximum before the term set by the original Plan. The amendment would increase this limit to $3.5 billion and allow the Agency to complete its redevelopment activities. With a wide 29 range of redevelopment projects still being planned and proposed, the increase on the limits for bonded indebtedness and amount of tax increment will remove constraints posed on future activities of the Poway Redevelopment Agency. Otherwise, the Agency cannot receive any more moneys after it reaches its maximum This will stop redevelopment efforts in the Project Area before the Plan can be completed. The Redevelopment Plan only allows eminent domain powers to be initiated 12 years from adoption of the Plan or by 1995. The eminent domain powers of the Agency have not been exercised since adoption of the Plan. The Agency would like to continue to have this option should it be necessary to acquire land for the implementation of future redevelopment projects. The proposed amendment will allow the Agency to exercise eminent domain powers for 12 years after adoption of the amended Plan or until 2005. Specifically, the proposed amendment will serve the following purposes: Allow the Agency to complete the redevelopment of the Project Area l.lmit constraints on implementing future redevelopment activities Allow the Agency to pursue redevelopment efforts at the same pace as in the past Promote economic development in the Project Area Rehabilitate public facilities and infrastructure to improve efficiency and prevent deterioration Improve the commercial and industrial base of the City Provide affordable housing units through the tax increment set-aside funds Mitigation measures have been developed to reduce the potential impacts of future redevelopment projects to in~i~tmificant levels. Air quality impacts can be mitigated but will remain si~tmificant. These unavoidable adverse impacts are considered minor when compared to the benefits that would occur with adoption of the proposed Amendment. 30