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
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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