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HomeMy WebLinkAbout2009-06-09 - ORDINANCES - AMEND PLAN EMINENT DOMAIN (2)ORDINANCE NO. 09-7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADOPTING AMENDMENT NO. THREE TO THE REDEVELOPMENT PLAN FOR NEWHALL REDEVELOPMENT PROJECT AREA PERTAINING TO THE POWER OF EMINENT DOMAIN, AND MAKING FINDINGS IN SUPPORT THEREOF, AND APPROVING AND ADOPTING THE NEGATIVE DECLARATION RELATED THERETO WHEREAS, on July 8, 1997, the City Council of the City of Santa Clarita, California, ("City Council") adopted Ordinance No. 97-12 establishing the Redevelopment Plan ("Redevelopment Plan") for the Newhall Redevelopment Project Area (the "Project Area"), and subsequently amended said Redevelopment Plan on June 26, 2007 by Ordinance No. 07-05 and May 13, 2008 by Ordinance No. 08-6; and WHEREAS, the Redevelopment Agency of the City of Santa Clarita ("Agency") is proposing to amend the Redevelopment Plan to modify its eminent domain authority and has prepared a proposed amendment to the Redevelopment Plan ("Amendment No. Three") pursuant to California Community Redevelopment Law, Health and Safety Code Section 33000 et seq., in the form attached herewith as Exhibit "A"; and WHEREAS, California Health and Safety Code Section 33450 authorizes a City to amend or modify redevelopment plans by ordinance where it deems such amendment or modification to be necessary and desirable; and WHEREAS, Amendment No. Three is proposed to extend the authority of the Agency to use the power of eminent domain, if necessary, to acquire property within the Project Area, but with a more limited scope of authority than currently exists. The original eminent domain authority of the Agency expires on July 8, 2009. Amendment No. Three would extend the Agency's eminent domain authority for twelve years and would permit the use of eminent domain to acquire Project Area property that is not occupied as a residence, as well as two specific residential parcels located in nonresidential zones at the southwest corner of Magic Mountain Parkway and Bouquet Canyon/Railroad Avenue and the northwest corner of Drayton Street and Springbrook Avenue. Other than those specifically identified residential properties, the Agency would have no authority to acquire any other residential property within the Project Area. Because of the limited number of residences subject to the proposed eminent domain authority, formation of a project area committee is not required pursuant to Health and Safety Code Section 33385.3; and WHEREAS, it is the purpose and intent of the City Council and the Agency to cause and facilitate the orderly redevelopment of the Project Area in order to eliminate blight and the conditions that perpetuate economic stagnation, to increase employment opportunities and property values within the Project Area, and to stimulate economic growth and revitalization within the Project Area to the benefit of the community and the property owners, residents, and businesses within the Project Area; and WHEREAS, an Initial Study and Negative Declaration were prepared for Amendment No. Three, in accordance with the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, on May 12, 2009 the City and Agency conducted a joint public hearing to consider the Initial Study and proposed Negative Declaration for Amendment No. Three, at which meeting members of the public were afforded an opportunity to comment upon the Negative Declaration; and WHEREAS, on May 12, 2009, in accordance with Health and Safety Code Section 33458, the City Council and the Agency, upon the consent of both, conducted a joint public hearing, noticed in accordance with Health and Safety Code Section 33452, and at which Amendment No. Three was considered. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and determines that all the facts, findings and conclusions set forth in the above recitations are true and correct. SECTION 2. The City Council, based upon the substantial evidence within the record as a whole, including, but not limited to, the Report to Council on Amendment No. Three (incorporated herein by reference, on file in the Community Development Department, as Exhibit "B"), the text of the Amendment No. Three (Exhibit "A"), the Redevelopment Plan, as amended, and all previous findings and reports associated with the Redevelopment Plan, as amended, testimony received at the joint public hearing as well as written comments and objections, if any, makes the following findings: A. The City Council and the Agency consented to holding, and held, a joint public hearing to consider Amendment No. Three in accordance with California Health and Safety Code Section 33458 and, therefore, the City Council may adopt Amendment No. Three with no action necessary by the Agency, including any requirement for the Agency to issue a recommendation to the City Council, prior to adoption; and B. The reports and information stated in California Health and Safety Code Section 33352, to the extent required by Health and Safety Code Section 33457. 1, have been prepared and made available to the public prior to the public hearing concerning adoption of this Ordinance; and C. It is necessary and desirable to amend the Redevelopment Plan, as previously amended, as proposed in Amendment No. Three. -- - - -- — --- — --- --- --- --- ----- - --- --- ------------------------ -- -- -- - — ---------------------- - 1 SECTION 3. California Environmental Quality Act Findings. Based upon the foregoing facts and findings in the Initial Study prepared for the project, the City Council further finds, approves, and determines as follows: A. An Initial Study and Negative Declaration (attached as Exhibit C) have been prepared for this project in compliance with the California Environmental Quality Act (CEQA). B. The Initial Study has been circulated for review and comment by affected governmental agencies and the public and all comments received, if any, have been considered. The document was posted and advertised on April 10, 2009 in accordance with CEQA. The public review period was open from April 6, 2009 through May 12, 2009. C. Staff found that there were no impacts created as a result of the proposed Amendment No. Three and a Negative Declaration has been prepared for the project in accordance with the CEQA. The Negative Declaration reflects the independent judgment of the City of Santa Clarita. D. The location of the documents and other material which constitutes the record of proceedings upon which the decision of the City Council is based is the Amendment No. Three to the Redevelopment Plan within the Community Development Department and is in the custody of the Director of Community Development. SECTION 4. The requirements of California Health and Safety Code Sections 33354.5 and 33354.6, insofar as they apply to the amendment of California redevelopment plans, are not applicable to Amendment No. Three and, with respect to such sections, the City Council makes the findings as follows: A. Amendment No. Three does not add territory to, or change the boundaries of, the Project Area; and B. Amendment No. Three does not change the taxing authority of the Agency or the allocation of taxes among affected taxing entities within the Project Area; and C. Amendment No. Three does not contain any changes in land use designation or regulation which affect the General Plan for the City. SECTION 5. Based upon the scope of Amendment No. Three and the findings of the City Council as set forth in Section 3, above, and the materials relied upon by the City Council as described in Section 3, the findings and determinations pursuant to California Health and Safety Code Sections 33457.1 and 33367 are not relevant and not warranted. Nevertheless, the findings of such Section 33367, made in conjunction with the Redevelopment Plan, Amendment No. 1 and Amendment No. 2 continue to be applicable to the Redevelopment Plan, as amended, and the City Council finds that the following continue to be applicable with Amendment No. Three: A. The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law; and - - — - - - - - - --- - 3 B. The Redevelopment Plan, as amended, will assist in the redevelopment of the Project Area in conformity with the California Community Redevelopment Law and in the interests of the public peace, health, safety, and welfare; and C. The adoption and carrying out of the Redevelopment Plan, as amended, is economically sound and feasible; and D. The Redevelopment Plan, as amended, is consistent with the City of Santa Clarita's General Plan, including the Housing Element, which is in substantial compliance with California Government Code Section 65580 et seq.; and E. The carrying out of the Redevelopment Plan, as amended, will promote the public peace, health, safety, and welfare of the City of Santa Clarita and will effectuate the purposes and policies of the California Community Redevelopment Law; and F. The condemnation of real property, as limited under Amendment No. Three, is necessary to the implementation of the Redevelopment Plan, as amended, and, since the Agency is required under the Redevelopment Plan, as amended, to exercise its powers of eminent domain in the manner consistent with the adopted Owner Participation Rules and Relocation Plan as well as the California Constitution and the California Eminent Domain Law, adequate provisions exist for payment for property to be acquired as provided by law; and G. Although Amendment No. Three only permits very limited acquisition of real property upon which persons reside, the Agency's previously adopted Relocation Plan, as well as the discussion set forth in the Agency's report for Amendment No. Three satisfy the requirement for a feasible plan for relocation of any such displaced persons; and H. As a safeguard for families and residents in the Project Area, the Agency has adopted a Relocation Plan and a Replacement Housing Plan that provide a feasible method for the relocation of any occupants of housing facilities that, in rare circumstances, may be displaced as the result of a redevelopment project within the Project Area. These plans contain procedures that ensure the availability of temporary decent, safe, and sanitary dwellings that: (i) are located in the Project Area or in other areas not generally less desirable in regard to public utilities and commercial facilities; (ii) are equal in number to the number of displaced families and/or residents; (iii) leased at rents or sold at prices within the financial means of such displaced families and/or residents; and (iv) are reasonably accessible to their places of employment. These plans also contain procedures that ensure permanent dwellings meeting the above requirements will be available to displaced families and/or residents within a period not longer than three years from the time of displacement; and I. Inclusion of lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare, but which are located within the existing boundaries of the Project Area, are necessary for the effective redevelopment of the Project Area; and -- - - -- - - ----------- -- — - ----------------- - ----- ----- -- - --------- - ---- ---------- 1 J. All real property and areas included within the existing boundaries of the Project Area have been included because they are necessary for effective redevelopment and not primarily for the purpose of obtaining the allocation of tax increment revenues from the area pursuant to California Health and Safety Code Section 33670; and K. The elimination of blight and the redevelopment of the Project Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency; and L. The Project Area is "predominantly urbanized" as that term is defined in California Health and Safety Code § 33320.1 in that not less than eighty percent (80%) of the lots in the Project Area have been developed for urban uses; and M. The time limitations contained in the Redevelopment Plan, as amended, are reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Agency to eliminate blight within the Project Area; and N. The implementation of the Redevelopment Plan, as amended, will improve or alleviate the physical and economic conditions of blight in the project area, as described in the report prepared pursuant to Section 33352, (Exhibit "B"). O. As further described in the report for Amendment No. Three, the City Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the Project Area are displaced, and pending development of any such facilities, there will be available to any displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. SECTION 6. The City Council of the City of Santa Clarita hereby adopts and approves Amendment No. Three, Exhibit "A," and designates the Redevelopment Plan, as amended, including Amendment No. Three, as the official redevelopment plan of the Project Area. SECTION 7. Upon the effective date of this Ordinance, the provisions of Amendment No. Three shall supersede any inconsistent or conflicting provisions of the Redevelopment Plan, as amended. SECTION 8. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Santa Clarita hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 5 SECTION 9. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 9th day of June, 2009. ATTEST: a 1�� A CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS'ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 09-7 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of May, 2009. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 9th day of June, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: RECUSED: COUNCILMEMBER: ABSENT: COUNCILMEMBERS: McLean, Ender, Kellar, Ferry None Weste None AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 09-7 and was published in The Signal newspaper in accordance with State Law (G.C. 40806). --) 9'W'u-, CA CITY CLERK �(aqfo� Dated on 1 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance No. 09-7, adopted by the City Council of the City of Santa Clarita, CA on June 9, 2009, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of ,20—. Sharon L. Dawson, MMC City Clerk By Susan Caputo, CMC Deputy City Clerk 1 7 Exhibit A THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NEWHALL REDEVELOPMENT PROJECT AREA I. BACKGROUND The Redevelopment Plan ("Plan") for the Newhall Redevelopment Project Area ("Project Area") was adopted on July 8, 1997, by Ordinance No. 97-12. The Plan has been amended twice since its adoption. The first amendment, adopted by the Santa Clarita City Council ("City Council") on June 26, 2007, by Ordinance No. 07-05, addressed Senate Bill 53 ("SB 53") for the Project Area. SB 53, codified in Section 33342.7 of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq., "Law"), required the City Council to adopt an ordinance describing the Santa Clarita Redevelopment Agency's ("Agency") program to acquire real property by eminent domain. The second amendment, adopted by the City Council on May 13, 2008, by Ordinance No. 08-6, amended certain time limitations with respect to the Project Area pursuant to the provisions of Section 33333.2 of the Law. As a result, the Plan was amended to extend the time limit on the effectiveness of the Plan to July 8, 2028. A third amendment has been proposed by the Agency to modify the Plan's eminent domain authority as described herein. Pursuant to the Plan, the authority of the Agency to initiate condemnation proceedings to acquire property expires on July 8, 2009. As authorized under the Law, the Agency proposes to amend the Plan to extend this time limit by 12 years, or to July 2021. If adopted as proposed, the third amendment would permit the use of eminent domain to acquire Project Area property that is not occupied as a residence, as well as two specific residential parcels located in nonresidential zones at the southwest corner of Magic Mountain Parkway and Bouquet Canyon/Railroad Avenue and the northwest corner of Drayton Street and Springbrook Avenue. The third amendment is consistent with Proposition 99. Pursuant to Proposition 99, which was passed by California voters on June 3, 2008, State and local governments cannot use eminent domain to acquire an owner -occupied residence to convey it to a private person or entity. State and local governments retain the right to acquire non - owner occupied residential properties for similar purposes. Furthermore, State and local governments may acquire owner -occupied residences to protect public health and safety, prevent serious and repeated criminal activity, respond to an emergency, remedy environmental contamination that poses a threat to public health and safety, and for a public work or improvement. II. AMENDMENT TO THE PLAN Effect Upon the Plan. Unless otherwise expressly amended by this Third Amendment, the Plan remains in full force and effect according to its terms. From and after the City Council's adoption of this Third Amendment, wherever the terms "Plan" or "Redevelopment Plan" appear in the Plan, it shall be understood to mean the Plan as amended by this Third Amendment. The following identifies all of the proposed changes to the Redevelopment Plan. Italicized sections indicate existing wording in the Redevelopment Plan. Underlined sections indicate new wording in the Redevelopment Plan. sections indicate wording to be removed from the Redevelopment Plan. Amendment to Section 321 of the Plan 321 — Acquisition of Real Property The Agency may acquire, but is not required to acquire, any real property located in the Project Area by gift, devise, exchange, purchase or any other lawful method, including eminent domain subject to the limitations described below. (i) Eminent domain may be used to acquire any property that does not contain a legal residential use or residential structure in the Project Area existina as of the date_ of this Amendment. (ii) Notwithstanding the above and subject to the provisions of Proposition 99 as codified in Section 19 of Article I of the California Constitution, eminent domain may be used to acquire spec_ ific parcels upon which any persons resides as listed below. a. Southwest corner of Magic Mountain Parkway and Bouquet Canyon/Railroad Avenue (Los Angeles County Assessor Parcel Number 2861-003-001) b. Northwest corner of Drayton Street and Sprjngbrook Avenue (Assessor Parcel Number 2836-008-002) (iii) Eminent domain proceedings, if used, must be commenced within twelve (12) years from the effective date of Plan—Ordinance No. approving and adopting the Third Amendment to the Redevelopment Plan for the Newhall Redevelopment Project Area. Such time limit may only be extended by further amendment to this Plan. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is also authorized to acquire any interest in Real Property less than a fee. Properties may be acquired and cleared by the Agency if a determination is made that one or more of the following conditions exist 1. The buildings and/or structures must be removed in order to assemble land into parcels of reasonable size and shape to eliminate an impediment to optimal land development; 2. The buildings and/or structures are substandard as demonstrated by an inspection of the property by the Building and Safety Division of the City of Santa Clarita; 3. The buildings and/or structures must be removed in order to eliminate an environmental deficiency, including, but not limited to, incompatible land uses and small and irregular lot subdivisions; 4. The buildings and/ or structures must be removed to provide land for needed public facilities, including among others, rights-of-way, public parking facilities, open space, or public utilities; 5. The acquisition of property is allowed by the California Community Redevelopment Law and will promote the implementation of the Plan. Other provisions of this- section notwithstanding, the Agency shall not acquire from any of its members or officers any property or interest in property except through eminent domain proceedings. Amendment to Section 330 of the Plan. 330 — Relocation of Persons, Families and Businesses The following provisions relative to the relocation of persons, families and businesses are required by CRL. The Plan does not. (i) Contain authority for the Agency to acquire by eminent domain any property on which persons reside with the exception of two specific parcels described in Section 321. (ii) Contain any public projects that will displace a substantial number of low- or moderate -income persons. (iii) Include the recommendation that existing automotive businesses in the downtown Newhall area be relocated, including, but not limited to, that recommendation as it is described and found in the Downtown Newhall Improvement Program, April 1996 (the Freedman Plan) 1 Amendment to Section 340 of the Plan 340 - Demolition, Clearance, Site Preparation, Project Improvements and Public Improvements The following provisions relative to the demolition, clearance and site preparation are required by CRL. The Plan does not. (i) Contain authority for the Agency to acquire by eminent domain any property on which persons reside with the exception of two specific parcels described in Section 321., or; (ii) Contain any public projects that will displace a substantial number of low- or moderate -income persons. 1 1 Exhibit C CITY OF SANTA CLARITA NEGATIVE DECLARATION [X] Proposed [ ] Final MASTER CASE NO: N/A PERMIT/PROJECT NAME: Amendment No. Three to the Newhall Redevelopment Plan APPLICANT: City of Santa Clarita 23920 Valencia Boulevard Santa Clarita, CA 91355 LOCATION OF THE PROJECT: The Newhall Redevelopment Plan Area is generally located along Lyons Avenue, and Newhall Avenue north to Magic Mountain Parkway. DESCRIPTION OF THE PROJECT: The Third Amendment is being proposed at this time to extend the existing eminent domain authority on non-residential property by 12 years, granting the Redevelopment Agency eminent domain authority until July 2021, In addition, an amendment is proposed that would allow for a limited expansion to the Redevelopment Agency's eminent domain authority to allow eminent domain powers on two specific non -residentially designated properties that may have existing residential uses that appear to be either illegal, or non -conforming with the City's General Plan land use designations. The two parcels that have been identified at this time include the property located on the southwest corner of Magic Mountain Parkway and Railroad Avenue (APN: 2861-003-001) and the property located on the northwest corner of Drayton Street and Springbrook Avenue (APN:2836-008-002). Based on the information contained in the Initial Study prepared for this project, and pursuant to the requirements of Section 15065 of the California Environmental Quality Act (CEQA), the City of Santa Clarita [X] City Council [ ] Planning Commission [ ] Director of Planning and Building Services finds that the project as proposed or revised will have no significant effect upon the environment, and that a Mitigated Negative Declaration shall be adopted pursuant to Section 15070 of CEQA. Mitigation measures for this project [X] Are Not Required [ ] Are Attached [ ] Are Not Attached Lisa M. Webber, AICP PLANNING MAN R Prepared by: Patrick Leclair, Associate Planner Si ature) (Name/Title) Approved by: Sharon Sorensen, S-eniat-Planner --- (Signature) (Name/Title) Public Review Period From April 6 2009 To May 12, 2009 Public Notice Given On April 6 2009 [X] Legal Advertisement [ ] Posting of Properties [X] Written Notice CERTIFICATION DATE: S NCD\CURRENn12009\RDA Negative Declaration doc 1 1 1 1 1 1 INITIAL STUDY CITY OF SANTA CLARITA Project Title/Master Case Number: Amendment No. Three to the Newhall Redevelopment Plan Lead Agency name and address: City of Santa Clarita 23920 Valencia Blvd., Suite 302 Santa Clarita, CA 91355 Contact person and phone number: Alex Hernandez Administrative Analyst (661) 255-4030 Patrick Leclair Associate Planner (661)255-4349 A TM Project location: Newhall Redevelopment Plan Area (see attached map exhibit) Applicant's name and address: Redevelopment Agency of the City of Santa Clarita 23920 Valencia Blvd., Suite 302 Santa Clarita, CA 91355 General Plan designation: N/A Zoning: N/A Description of project and setting: The City of Santa Clarita is preparing the third amendment to the Newhall Redevelopment Plan. The Redevelopment Plan for the Newhall Project area was adopted on July 8, 1997, establishing the authority of the City's Redevelopment Agency (RDA) to use eminent domain as a tool to acquire non-residential property. At this time, the City is proposing an amendment to the Plan that would extend the Redevelopment Agency's eminent domain authority by 12 years, or until July 2021. The Redevelopment Agency currently possesses eminent domain authority on non-residential property within the 913.63 -acre Newhall Redevelopment Plan Area. The Third Amendment is being proposed at this Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 2 of 37 time to extend this existing authority on non-residential property by 12 years, granting the Redevelopment Agency eminent domain until July 2021. In addition, an amendment is proposed that would allow for a limited expansion to the Redevelopment Agency's eminent domain authority to allow eminent domain powers on two specific non -residentially designated properties that may have existing residential uses that appear to be either illegal, or non -conforming with the City's General Plan land use designations. The two parcels that have been identified at this time include the property located on the southwest corner of Magic Mountain Parkway and Railroad Avenue (APN: 2861- 003-001) and the property located on the northwest corner of Drayton Street and Springbrook Avenue (APN:2836-008-002). The Magic Mountain Parkway/Railroad Avenue property totals 3.9 acres and is identified as a "Restaurant" use on the Los Angeles County Tax Assessor tax rolls with structures built on the project site in 1931. The Drayton Street/Springbrook Avenue property totals 0.13 acres (5,497 square feet) and is identified as a "Quadruplex" on the Los Angeles County Tax Assessor tax rolls with structures built in 1957. The Newhall Redevelopment Plan primarily addresses land that has been previously developed; however, undeveloped, vacant property east of Railroad Avenue and north of 12`h Street is also within the area affected by the Redevelopment Plan. No other amendments to the Newhall Redevelopment Plan are proposed at this time. In 2005, the Downtown Newhall Specific Plan (DNSP) was adopted encompassing 297.3 acres of the 913.63 - acre Newhall Redevelopment Plan Area. The DNSP enabled the redevelopment of a higher density commercial and residential transit oriented development around the existing Jan Heidt Metrolink Station. An Environmental Impact Report (EIR) was prepared for the DNSP to address any environmental impacts associated with the future development of the DNSP. Therefore, future projects that are consistent with the DNSP have been analyzed and will not require further review under CEQA. The amendment to the Newhall Redevelopment Plan will not amend the DNSP. The amendment will only affect the eminent domain authority within the Newhall Redevelopment Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 3 of 37 Plan Area, of which the DNSP is a part. The proposed changes are regulatory in nature. No changes to the physical environment or the existing community are proposed with the amendment to the Newhall Redevelopment Plan; however, extending and expanding eminent domain power as proposed is intended to stimulate redevelopment within the land use policies of the City's General Plan, DNSP, applicable zoning ordinance, and other planning and development standards. Therefore, approval of these amendments could have an indirect impact on the environment. Because it is not known what properties, if any, will redevelop during the life of the plan, these impacts are considered to be less than significant. Redevelopment projects will be evaluated on a case by case basis as redevelopment is proposed. Surrounding land uses: The Magic Mountain Parkway/Railroad Avenue parcel of land (APN:2861-003-001) is surrounded by vacant, commercially zoned property to the north across Magic Mountain Parkway, developed, industrial zoned property to the east across Railroad Avenue and the Southern Pacific rail line, developed, commercially zoned property to the south of the project site, and the South Fork of the Santa Clara River to the west of the project site. The Drayton Street/Springbrook Avenue parcel (APN:2836-008-002) is surrounded on all sides by developed industrial zoned property. Other public agencies whose N/A approval is required: 1 J. �x "q rP- W "§ "Ic a niam Pas kway :L "N-7 'i erSlrr YN4, . . . . . . . . . . . . . . . . . . . . . A -lot -,4 S.&.7. N'i, - 'I ql� X� T fv 40OW 1pf# qs°pYyt --fiiwfiafl Avenue Newhall Redevelopment Plamn Ar E Redevelopment A a Boundary 'w 1 1 1 Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 5 of 37 A. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or a "Less than Significant with Mitigation" as indicated by the checklist on the following pages. [ ] Aesthetics [ ] Biological Resources [ ] Agriculture Resources [ ] Cultural Resources [ ] Hazards & Hazardous [ ] Hydrology / Water Materials Quality [ ] Mineral Resources [ ] Noise [ ] Air Quality [ ] Geology / Soils [ ] Land Use / Planning [ ] Population / Housing [ ] Public Services [ ] Recreation [ ] Transportation / Traffic [ ] Utilities / Service Systems [ ] Mandatory Findings of Significance B. DETERMINATION: On the basis of this initial evaluation: [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [ ] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 6 of 37 [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the pro sed project, nothing further is required. Pa 'ick Leclair, Associate Planner Date Sharon Sorensen, Senior Planner Date 1 1 1 Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 7 of 37 C. EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? [ ] [ ] [X] [ ] b) Substantially damage scenic resources, including, but [ ] [ ] [X] [ ] not limited to, primary/secondary ridgelines, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or [ ] [ ] [X] [ ] quality of the site and its surroundings? d) Create a new source of substantial light or glare that [ ] [ ] [X] [ ] would adversely affect day or nighttime views in the area? e) Other [ ] [ ] [ ] [ ] II. AGRICULTURE RESOURCES - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or [ ] [ ] [ ] [X] Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or [ ] [ ] [ ] [X] a Williamson Act contract? G) Involve other changes in the existing environment [ ] [ J [I [X] which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 8 of 37 Potentially Less Than Less Than No Significant Significant Signifi cant Impact Impact with Impact Mitigation d)Other [] [J [J I III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the [ ] [ ] [X] [ J applicable air quality plan? b) Violate any air quality standard or contribute [ ] [ ] IN [ J substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of [ ] [ ] [X] [ J any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant [ ] [ ] [XJ [ J concentrations? e) Create objectionable odors affecting a substantial [ ] [ ] [X] [ J number of people? f)Other [] [] [] [] IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or [ ] [ ] [X] [ J through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 1 1 1 Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 9 of 37 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation b) Have a substantial adverse effect on any riparian [ ] [ J [X] [] habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally [ ] [ ] [X] [ ] protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any [ ] [ ] [X] [ ] native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances [ ] [ ] [X] [ J protecting biological resources, such as a tree preservation policy or ordinance? Oak trees? f) Conflict with the provisions of an adopted Habitat [ ] [ ] [ ] [X] Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? g) Affect a Significant Ecological Area (SEA) or [ ] [ ] [X] [ ] Significant Natural Area (SNA) as identified on the City of Santa Clarita ESA Delineation Map? h) Other [ ] [ ] [ ] [ ] V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the [ ] [ ] [X] [ ] significance of a historical resource as defined in '15064.5? Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 10 of 37 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation b) Cause a substantial adverse change in the [ ] [ ] [X] [ ] significance of an archaeological resource pursuant to '15064.5? c) Directly or indirectly destroy or impact a unique [ ] [ ] [X] [ ] paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred [ ] [ ] [X] [ ] outside of formal cemeteries? e)Other [] [] I [] VI. GEOLOGY AND SOILS — Would the project: a) Expose people or structures to potential substantial [ ] [ ] [X] [ ] adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as [ ] [ ] [X] [ ] delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines .and Geology Special Publication 42. ii) Strong seismic ground shaking? [ ] [ ] [X] [ ] iii) Seismic -related ground failure, including [ ] [ ] IN [ ] liquefaction? iv) Landslides? [ ] [ ] [X] [ ] b) Result in substantial wind or water soil erosion or the [ ] [ ] [X] [ ] loss of topsoil, either on or off site? 1 1 1 1 1 Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 11 of 37 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation c) Be located on a geologic unit or soil that is unstable, [ ] [ ] [X] [ ] or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18- [ ] [ ] 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the [ ] [ J use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? fl Change in topography or ground surface relief [ ] [ ] features? g) Earth movement (cut and/or fill) of 10,000 cubic [ ] [ J yards or more? h) Development and/or grading on a slope greater than [ ] [ ] 10% natural grade? i) The destruction, covering or modification of any [ ] [ ] unique geologic or physical feature? j)Other []. [] VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the [ ] [ ] environment through the routine transport, use, or disposal of hazardous materials? [X] [X] [X] [X] Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 12 of 37 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation b) Create a significant hazard to the public or the [ ] [ ] [X] [ ] environment through reasonably foreseeable upset and accident conditions involving explosion or the release of hazardous materials into the environment (including, but not limited to oil, pesticides, chemicals, fuels, or radiation)? c) Emit hazardous emissions or handle hazardous or [ ] [ ] [X] [ ] acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of [ ] [ ] [X] [ ] hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan [ ] [ ] [ ] IN or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, [ ] [ ] [] [X] would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with [ ] [ ] [X] [ ] an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of [ ] [ ] [X] [ ] loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 13 of 37 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation i) Exposure of people to existing sources of potential [ ] [ ] [X] [ ] health hazards (e.g. electrical transmission lines, gas lines, oil pipelines)? j)Other [] [] [] [] VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste [ ] [ ] [X] [I discharge requirements? b) Substantially deplete groundwater supplies or [ ] [ ] [X] [ ] interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the [ ] [ ] [X] [ ] site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the [ ] [ ] [X] [ ] site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would [ ] [ ] [X] [ ] exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? [ ] [ ] [X] [ ] Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 14 of 37 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation g) Place housing within a 100 -year flood hazard area as [ ] [ ] [X] [ 1 mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? k) Changes in the rate of flow, currents, or the course and direction of surface water and/or groundwater? i) Other modification of a wash, channel creek or river? 1) Impact Stormwater Management in any of the following,ways: i) Potential impact of project construction and project post -construction activity on storm water runoff? ii) Potential discharges from areas for materials storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas or loading docks, or other outdoor work areas? iii) Significant environmentally harmful increase in the flow velocity or volume of storm water runoff? iv) Significant and environmentally harmful increases in erosion of the project site or surrounding areas? 11 1]- [Xl 11 [] 11 [X1 11 [] [] [X1 11 [] [] 1X1 11 [] [] [X1 11 [1 [] [X1 11 [] [] [X] 11 11 11 1X1 [1 [] [] [X] 11 [] 11 [X] 11 1 1 1 1 1 Amendment No Three to the Newhall Redevelopment Plan May 2009 Page 15 of 37 v) Storm water discharges that would significantly impair or contribute to the impairment of the beneficial uses of receiving waters or areas that provide water quality benefits (e.g. riparian corridors, wetlands, etc.) vi) Cause harm to the biological integrity of drainage systems, watersheds, and/or water bodies? vii) Does the proposed project include provisions for the separation, recycling, and reuse of materials both during construction and after project occupancy? IX. LAND USE AND PLANNING - Would the project: a) Disrupt or physically divide an established community (including a low-income or minority community)? Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation [] I [X] I b) Conflict with any applicable land use plan, policy, [ ] or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation [ ] plan, natural community conservation plan, and/or policies by agencies with jurisdiction over the proj ect? X. MINERAL AND ENERGY RESOURCES - Would the project: a) Result in the loss of availability of a known mineral [ ] resource that would be of value to the region and the residents of the state? [] [X] [] [] [X] [] [] [X] [] [] [X] [] Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 16 of 37 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation b) Result in the loss of availability of a locally [ ] [ ] [X] [ ] important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? c) Use nonrenewable resources in a wasteful and [ ] inefficient manner? XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels [ ] in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? , b) Exposure of persons to or generation of excessive [ ] groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise [ ] levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in [ ] ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan [ ] or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, [ ] would the project expose people residing or working in the project area to excessive noise levels? [] [X] [] [] [X] [] 1 1 1 1 1 Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 17 of 37 XII. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere (especially affordable housing)? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES - Would the project result in: a) Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? XIV. RECREATION - Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? [] [] [X] [] [] [] [X] H [] [] [X] [] [J [] [X] [] [] [� [X] [] [] [] [XI [] [] [] IN H H [] [X] [] Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 18 of 37 b) Include recreational facilities or require the [ ] construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in [ ] relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level [ ] of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including [ ] either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature [ ] (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? [ ] f) Result in inadequate parking capacity? [ ] g) Conflict with adopted policies, plans, or programs [ ] supporting alternative transportation (e.g., bus turnouts, bicycle racks)? h) Hazards or barriers for pedestrians or bicyclists? [ ] XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the [ ] applicable Regional Water Quality Control Board? [] [X] [] [] [] [X] [] [X] [] [] [X] [] [] [X] [] [] [X] [] [] [X] [] 1 1 1 1 1 Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 19 of 37 b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? fJ Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? [] [] [X] [] [] [] [X] I [] [] [X] [] [] [] IN [] [] [] IN [] [] [] [X] [] Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 20 of 37 b) Does the project have impacts that are individually [ ] [ ] [X] [ ] limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which [ ] [ ] [X] [ ] will cause substantial adverse effects on human beings, either directly or indirectly? XVII. DEPARTMENT OF FISH AND GAME `DE MINIMUS' FINDING a) Will the project have an adverse effect either [ ] [ ] [ ] [X] individually or cumulatively, on fish and wildlife resources? Wildlife shall be defined for the purpose of this question as "all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends for it's continued viability." 1 7 1 1 1 Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 21 of 37 D. DISCUSSION OF ENVIRONMENTAL IMPACTS AND/OR EARLIER ANALYSIS: Section and Subsections Evaluation of Impacts I. AESTHETICS a.) Less than Significant Impact: The City of Santa Clarita is located within Southern California's Santa Clarita Valley, which is bounded by the San Gabriel Mountains to the south and east, the Santa Susanna Mountains to the southwest, and the mountains of the Los Padres and Angeles National Forests to the north. The surrounding natural mountains and ridgelines, some of which extend into the City, provide a visual backdrop for the City. Other scenic resources within or visible from the City include the Santa Clara River corridor, forested/vegetated land, and a variety of canyons and natural drainages in portions of the City. The proposed modifications to the Newhall Redevelopment Plan will extend the eminent domain authority for the City's Redevelopment Agency (RDA) by 12 years, including a limited expansion to the eminent domain authority on the two non -residentially designated properties (the Magic Mountain Parkway/Railroad Avenue parcel and the Drayton Street/Springbrook Avenue parcel) to enable the potential acquisition of land within the Plan Area. These modifications in and of themselves will not affect any scenic vistas or other scenic resources within the City of Santa Clarita. Rather, the modifications proposed may further enable the RDA to improve aesthetics within the Plan Area by assisting redevelopment within blighted portions of the City. Future development proposals will be evaluated on a project by project basis pursuant to the provisions of CEQA. Therefore, the proposed amendments to the Newhall Redevelopment Plan would have a less than significant impact on scenic vistas. b.) Less than Significant Impact: The Newhall Redevelopment Plan Area is located in a primarily urbanized portion of the City. While the segment of the Interstate 5 (I-5) Freeway extending from the 1-210 Freeway interchange to the SR126/Newhall Ranch Road interchange and the SR 126 from the City's boundary at the 1-5 west to SR 150 in Ventura County are designated as "Eligible State Scenic Highways" in the California Department of Transportation's State Scenic Highway program, the proposed amendments to the Newhall Redevelopment Plan affect properties that are not within this corridor and will not have an impact on these vistas. Further, there are no outcroppings, ridgelines, or trees approved for alteration with the proposed amendments. Any impacts to these resources would be Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 22 of 37 associated with future development and would be evaluated at the time approval is requested from the City. One or more buildings with historic or potentially historic significance are located within the Newhall Redevelopment Plan area. However, the proposed amendments to the Redevelopment Plan will not authorize, nor will the City authorize any development or construction that would impact any historic structure within the plan area with approval of these amendments. Therefore, the proposed amendments to the Newhall Redevelopment Plan would have a less than significant impact on scenic resources within a state scenic highway, ridgeline, rock outcropping, tree, or historic structure. c.) Less than Significant Impact: The proposed amendments to the Newhall Redevelopment Plan will enable the potential acquisition of properties within the Plan Area for redevelopment of blighted conditions. All future development within the Redevelopment Plan Area would be required to comply with the development standards of the City, including the Uniform Building Code, the City's Unified Development Code and the Downtown Newhall Specific Plan, and would be subject to review at the time that permits are requested. As previously stated, the proposed changes are regulatory in nature and do not propose any changes to the physical environment or the existing community. While extending and expanding eminent domain power as proposed could stimulate redevelopment, it is not known what properties, if any, will redevelop during the life of the plan. Redevelopment projects will be evaluated on a case by case basis as redevelopment is proposed. Therefore, a less than significant impact to the visual character of the plan area is anticipated with the proposed amendments to the Newhall Redevelopment Plan. d.) Less than Significant Impact: The proposed amendments do not alter the City standards for outdoor lighting and do not authorize any new construction that would create a new source of light or glare in the plan area. The proposed amendments to the Newhall Redevelopment Plan are anticipated to have a less than significant impact on light and glare. II. AGRICULTURE a. -c.) No Impact — No farmland is located within the primarily RESOURCES urbanized community of Newhall. Therefore, the proposed amendments to the Newhall Redevelopment Plan will not affect any n 1 1 1 1 Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 23 of 37 farmland identified by the California Resources Agency, farmland designated under a Williamson Act Contract, and will not convert any farmland to non-agricultural use. Therefore, no impact to farmland is anticipated as a result of the proposed amendments to the Newhall Redevelopment Plan. III. AIR QUALITY a.) Less than Significant Impact: The City of Santa Clarita is within the South Coast Air Basin (SCAB), which is bounded by the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east, and the Pacific Ocean to the south and west. More specifically, the City of Santa Clarita is located in northern Los Angeles County, generally between the Interstate 5 Freeway and State Route 14 and south of Copperhill Drive. The air quality in the SCAB is managed by the South Coast Air Quality Management District (SCAQMD). The SCAB has a history of recorded air quality violations and is an area where both state and federal ambient air quality standards are exceeded. Because of the violations of the California Ambient Air Quality Standards (CAAQS), the California Clean Air Act requires triennial preparation of an Air Quality Management Plan (AQMP). The AQMP analyzes air quality on a regional level and identifies region -wide attenuation methods to achieve the air quality standards. These region -wide attenuation methods include regulations for stationary -source polluters; facilitation of new transportation technologies, such as low -emission vehicles; and capital improvements, such as park-and-ride facilities and public transit improvements. The most recently adopted plan is the 2007 AQMP, adopted on June 1, 2007. This plan is the South Coast Air Basin's portion of the State Implementation Plan (SIP). This plan is designed to implement the California Clean Air Act an in turn implement the Federal Clean Air Act administered by the EPA. The AQMP accommodates population growth and transportation projections based on the predictions made by the Southern California Association of Governments (SCAG). Thus, projects that are consistent with employment and population forecasts are consistent with the AQMP. The proposed amendments to the Newhall Redevelopment Plan will not alter the AQMP. The proposed amendments will extend the Redevelopment Agency's eminent domain authority to allow for the potential acquisition of commercial and specifically identified residential parcels within the Newhall Redevelopment Plan Area to facilitate redevelopment. Potential air quality impacts of any future Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 24 of 37 redevelopment projects however, are too speculative to evaluate at this time. Regardless, subsequent development projects will be required to adhere to the General Plan, the Downtown Newhall Specific Plan, and the standards set forth in the UDC, and must be evaluated in compliance with CEQA. Therefore, a less than significant impact is anticipated with respect to any applicable air quality plan with the proposed amendments to the Newhall Redevelopment Plan. b.) Less than Significant Impact: Santa Clarita is located in a non - attainment area, an area that frequently exceeds national ambient air quality standards. The proposed amendments to the Newhall Redevelopment Plan area do not affect the South Coast Air Quality Management District's (SCAQMD) land use, construction, and mobile emission thresholds for significant air quality impacts, according to the 1993 updated SCAQMD's CEQA Air Quality Handbook in and of themselves. The proposed amendments will modify the City's eminent domain authority and will not authorize any development or redevelopment within the Plan Area. Any air quality impacts as a result of any development or redevelopment within the plan area are speculative at this time. Unless otherwise evaluated under any previously certified CEQA document, any future development would need to be evaluated in compliance with CEQA at the time that development is proposed. Therefore, a less than significant impact to any air quality standard is anticipated as a result of the proposed amendments to the Newhall Redevelopment Plan. c.) Less than Significant Impact: As discussed is Section III.b), the proposed amendments in and of themselves, would not exceed the thresholds of significance established by the SCAQMD. The SCQAMD established these thresholds in consideration of cumulative air pollution in the SCAB. As such, projects that do not exceed the SCAQMD's thresholds are not considered to significantly contribute to cumulative air quality impacts. The amendments to the Newhall Redevelopment Plan do not propose or entitle any development at this time. However, future redevelopment projects will be evaluated pursuant to CEQA, addressing project -related air quality impacts. Therefore, a less than significant impact to ambient air quality is anticipated as a result of the proposed amendments to the Newhall Redevelopment Plan. 1 1 1 1 1 1 Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 25 of 37 d.) Less than Significant Impact: Certain residents, such as the very young, the elderly and those suffering from certain illnesses or disabilities, are particularly sensitive to air pollution and are considered sensitive receptors. In addition, active park users, such as participants in sporting events, are sensitive air pollutant receptors due to increased breathing rates. Land uses where sensitive air pollutant receptors congregate include schools, day care centers, parks, recreational areas, medical facilities, rest homes, and convalescent care facilities. The proposed amendments to the Newhall Redevelopment Plan do not include any physical development at this time. Further, the proposed amendments do not remove any odor -related regulations and would not foreseeably lead to a change in the generation of odor. The proposed amendments would not place sensitive land uses adjacent to substantial air pollution sources as no development is proposed at this time. All future development or redevelopment will be required to comply with all of the applicable provisions of CEQA. Therefore, the proposed amendments to the Newhall Redevelopment Plan would have a less than significant impact to air quality impacts on sensitive receptors. e.) Less than Significant Impact: The proposed amendments to the Newhall Redevelopment Plan will not, in and of themselves, result in locating any sensitive land uses adjacent to odor producing facilities or uses. The proposed amendments are regulatory in nature and all future land use proposals will be required to comply with all applicable regulations of the AQMD, the City of Santa Clarita General Plan, UDC, and the DNSP. Therefore, the proposed amendments to the Newhall Redevelopment Plan would have a less than significant impact due to objectionable odors within the plan area. IV. BIOLOGICAL a. -d.) Less than Significant Impact — The Newhall Redevelopment RESOURCES Plan Area is located within a primarily urbanized portion of the City of Santa Clarita. The amendments proposed at this time will extend the eminent domain authority within the plan area to enable the potential acquisition of non-residential property and specifically identified properties with potential nonconforming residential uses to enable development and redevelopment within the Plan Area. The Plan Area is predominantly developed and does not contain natural open spaces that will be affected by the proposed amendments. There are endangered species located in the region; Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 26 of 37 however, no habitat for these species is known to be located within the plan area. The proposed amendments will extend and expand the City's eminent domain authority only and do not authorize any development at this time. Any future development proposals would be subject to further review under CEQA at the time permits are requested. Further, the proposed amendments will not have any adverse affect on any riparian habitat or wetlands as defined by Section 404 of the Clean Water Act, any wildlife corridor, or any migratory fish corridor. Therefore, the proposed amendment to the Newhall Redevelopment Plan is anticipated to have a less than significant impact to sensitive species, sensitive natural community, riparian habitat, and/or wetlands. e.) Less than Significant Impact — The City of Santa Clarita has an Oak Tree Preservation Ordinance that regulates development adjacent to and under oak trees that are found in the region. No modifications to the City's Oak Tree Preservation Ordinance are proposed at this time. Further, the amendment to the Newhall Redevelopment Plan will not authorize any impact to an oak tree, protected or otherwise, in the City. While oak trees are found in the plan area, none are proposed for modification at this time. Any future development involving an oak tree must comply with the Oak Tree Preservation Ordinance and must comply with all requirements of CEQA. Therefore, a less than significant impact to oak trees is anticipated with the proposed amendments to the Newhall Redevelopment Plan. f.) No Impact — The amendments to the Newhall Redevelopment Plan are consistent with to any local and regional habitat conservation plans and would not result in any alterations to these plans. Further, the proposed amendments to the Newhall Redevelopment Plan will extend the City's eminent domain authority only and will not authorize any construction or development that will have any potential impact on the environment. Therefore, no impact to any habitat conservation plan is anticipated with the proposed amendments to the Newhall Redevelopment Plan. g.) Less than Significant Impact — The proposed amendments to the Newhall Redevelopment Plan are regulatory in nature, extending the City's eminent domain authority for primarily developed areas of the community of Newhall. No new development or redevelopment will be entitled or approved with the proposed amendments. The 1 1 Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 27 of 37 proposed amendments will not affect any property designated as an SEA (Significant Ecological Area) or SNA (Significant Natural Area) on the City's ESA (Environmentally Sensitive Area) Delineation Map. While the amendments proposed at this time could create the opportunity for future development or redevelopment, potential impacts are too speculative to evaluate at this time. Future development proposals would need to be evaluated to determine their impacts, if any, on the environment at the time development is requested. Therefore, a less than significant impact is anticipated with respect to any SEA or SNA as identified on the City's ESA map. V. CULTURAL a. -d.) Less than Significant Impact — The Newhall Redevelopment RESOURCES Plan is located in a primarily urbanized portion of the City of Santa Clarita. Structures that are designated as having historical significance exist in the Redevelopment Area, however, there are no plans to disturb or modify these structures as a part of the Redevelopment Plan. Further, the proposed amendments to the Newhall Redevelopment Plan are intended to extend the City's eminent domain authority for the potential acquisition of property within the plan area to enable redevelopment to occur and to reduce blight. The proposed amendments have not identified any development projects that could impact any buildings with the potential for historical significance. However, as development projects are proposed, the appropriate environmental work, including a Cultural Study or other assessment detailing the historical significance of structures in the project area, must be completed. Further, the proposed amendments, in and of themselves, will not alter any unique geological feature, paleontological resource, impact any human remains, or otherwise impact any archeological resource. While the proposed amendments will extend and expand eminent domain authority of the Redevelopment Agency to encourage redevelopment, it is unclear which properties will develop or redevelop as a result of these amendments. Therefore, the potential impact of future development is too speculative to evaluate at this time. All future development activity within the established areas would be required to comply with Goal 10 of the City's Open Space and Conservation Element, to protect the historical and culturally significant resources, which contribute to community identity and a sense of history. Therefore, a less than significant impact to archeological, historical or cultural resources would occur as a result of the approval of the proposed amendments to the Newhall Redevelopment Plan. Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 28 of 37 1 1 11 VI. GEOLOGY AND a. -i.) Less than Significant Impact — Southern California has SOILS numerous active and potentially active faults that could affect the City. As stated in the City's General Plan, the City is susceptible to geologic hazards in the event of a major earthquake along the San Andreas Fault. This could result in ground failure and liquefaction. However, the proposed amendment to the'Newhall Redevelopment Plan would not change any approved land use entitlements, and would not change the requirements of future development to follow all state and City building codes/regulations. Any future development would be required to be evaluated in compliance with CEQA, evaluating any potential impacts affecting soils and geology. Therefore, the proposed amendment to the Newhall Redevelopment Plan would have a less than significant impact related to exposure of people or structures to any adverse effects of seismic activity, erosion, unstable or expansive soil, or any topographical features. VII. HAZARDS AND a. -d.) Less than Significant Impact — The proposed amendments to HAZARDOUS the Newhall Redevelopment Plan would not directly, or indirectly, MATERIALS expose people to health hazards or hazardous materials and would not interfere with any emergency response plans. The proposed amendment to the Newhall Redevelopment Plan will extend the City's eminent domain authority for the potential future acquisition of property within the Plan area to enable redevelopment within the plan area. However, subsequent developments in the City would be required to comply with the City's General Plan and development codes and all federal, state, and local hazardous material regulations. Furthermore, no new development is associated with these amendments and potential future effects would be evaluated on a case by case basis. Therefore, a less than significant impact as a result of exposure to hazardous materials is anticipated with the proposed amendment to the Newhall Redevelopment Plan. e.-£) No Impact — The proposed amendments include no change to land use or development standards for land within 2 miles of an airport and airfield or otherwise within an airport land use plan. Further, no airport of airfield is located ,within 2 miles of the City boundaries. Therefore, the proposed amendment to the Newhall Redevelopment Plan would not affect the risks of land uses adjacent to airports or airfields and the proposal would have no related impacts. 1 1 11 1 1 Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 29 of 37 g. -i.) Less than Significant Impact — The Newhall Redevelopment Plan area is located in a primarily urbanized area of the City of Santa Clarita. Property within the plan area is not located within proximity to a natural wildland area and is not subject to any wildland fires. Emergency services and plans are currently in effect in the plan area and will not be affected by the proposed amendments to the Redevelopment Plan. There are existing utility structures that are known to be present in the Plan area including power transmission lines, natural gas lines, and oil pipelines. The proposed amendments to the Newhall Redevelopment Plan will extend the eminent domain authority of the City and will not authorize any development at this time. Future development impacts are speculative at this time and can not be evaluated with this project. Any future development will be required to analyze any potential impacts associated with any natural wildland areas, utility infrastructure, or any emergency plan in compliance with CEQA. Therefore, any future impacts will be addressed at the time development occurs. The proposed amendments to the Newhall Redevelopment Plan would have a less than significant affect the on the implementation of emergency response plans, wildland areas, or any existing utility structures. VIII. HYDROLOGY a. -b.) Less than Significant Impact — The proposed amendments to AND WATER the Newhall Redevelopment Plan would not impact water quality QUALITY standards, nor affect groundwater supplies. The proposed amendments would extend the City's eminent domain authority for potential acquisition of properties within the Plan area for the purpose of redevelopment and therefore could have an indirect impact on the envornment. Subsequent redevelopment projects are unknown at this time and their impacts are therefore speculative; however, they would be required to comply with the development impact standards put forth in the City's General Plan and all Clean Water Act Requirements, including the National Pollutant discharge Elimination System (NPDES). Therefore, the proposed amendments to the Newhall Redevelopment Plan will have a less than significant impact to water quality or ground water supplies. c.-1.) Less than Significant Impact — The Newhall Redevelopment Plan area is located in a primarily urbanized portion of the City. However, there are areas within the plan area that are located in, or adjacent to the Newhall Creek, a designated blueline stream. FEMA is currently in the process of updating the Flood Insurance Rate Maps Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 30 of 37 (FIRM) within the City of Santa Clarita. The first step in this process is digitizing the existing FIRM maps that the City and County of Los Angeles currently use. This process has been completed and FEMA has begun to re -study areas within the Santa Clarita Valley. This process is currently underway and has not been finalized. However, the proposed amendments to the Newhall Redevelopment Plan will extend the City's eminent domain authority for the potential acquisition of property within the plan area and will not directly authorize the construction or development of any structure that will impact a drainage pattern, stream, river, or stormwater drainage system. Further, the amendment will _not .directly locate structures within any 100 -year flood hazard area and will not expose people or structures to significant risk due to flooding, any seiche, tsunami, or mudflow. Therefore, the proposed amendments to the Newhall Redevelopment Plan will have a less than significant impact with respect to flooding, drainage pattern, river or stream, or any stormwater infrastructure. IX. LAND USE AND a.) Less than Sillnificant Impact: The proposed amendments to the PLANNING Newhall Redevelopment Plan will extend the timeline and expand the existing eminent domain authority within the plan area to include two potential additional properties. In and of itself, the proposed amendments to the Redevelopment Plan will not directly result in changes to the physical environment. The proposed amendments will enable the potential acquisition of properties in the plan area to allow for the potential redevelopment of blighted properties. Further, the proposed amendments to the Newhall Redevelopment Plan will not authorize any construction. Any future development/redevelopment will be required to be evaluated in compliance with CEQA and must comply with the City's General Plan, Downtown Newhall Specific Plan, and Unified Development Code. Therefore, a less than significant impact in anticipated with respect to any established community as a result of the proposed amendments to the Newhall Redevelopment Plan. b.) Less than Significant Impact: The proposed amendments may further enable development and/or redevelopment within the Newhall Redevelopment Plan Area by extending the eminent domain authority of the Redevelopment Agency to allow for the potential acquisition of property within the plan area. Since the establishment of the Newhall Redevelopment Plan, the Downtown Newhall Specific Plan has been adopted within the Newhall Redevelopment Plan boundary. The proposed amendments will further enable redevelopment consistent with the City's General Plan and the development standards outlined 1 1 1 1 1 Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 31 of 37 in the Downtown Newhall Specific Plan and the City's Unified Development Code. However, the proposed amendments will not authorize the development of any property. Subsequent development projects on property acquired by the agency must be reviewed in compliance with CEQA to determine any environmental impacts and would further need to be reviewed to be compliant with the City's General Plan and zoning standards. Therefore, a less than significant impact related to land use and planning is anticipated with the proposed amendments to the Newhall Redevelopment Plan. c.) Less than Significant Impact: The proposed amendments to the Newhall Redevelopment Plan do not affect current City standards regarding habitat conservation plans, natural community preservation plans, and/ or the policies of agencies with jurisdiction over resources and resource areas within the City. No development or redevelopment is approved, and no entitlements granted with approval of the proposed amendments. Development of any property acquired as a result of the City's eminent domain authority would be required to process the appropriate CEQA documentation to evaluate the impacts on the environment associated with the specific projects. At this time, any potential development is unknown, and therefore too speculative to evaluate at this time. However, the proposed amendments are consistent with, and do not directly impact any conservation plan in and of themselves. Therefore, the project is anticipated to have a less than significant impact on conservation plans as a result of the proposed modifications to the Newhall Redevelopment Plan. X. MINERAL AND a. -c.) Less than Significant Impact — Gold, sand, and gravel mining ENERGY along with oil production historically have been the principal mineral RESOURCES extraction activities in and around the Santa Clarita Valley. The City's General Plan and Zoning Code have identified locations within the City that have historical oil and mining activities with a Mineral Oil Conservation Area (MOCA) overlay zone. Other minerals found in the Santa Clarita Valley include construction aggregate, titanium, and tuff. Mineral resources and extraction areas are shown in Exhibit OS -5 of the City's General Plan. The amendments to the Redevelopment Plan will not affect mineral and energy resources as the proposed amendments will only affect the City's eminent domain authority within the Redevelopment Plan Area. No modifications to current mining operations within the City are anticipated at this time and therefore, will not affect mineral Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 32 of 37 1 1 1 resources in the City. Further, no property within the Plan Area has the MOCA zoning overlay designation. Therefore, a less than significant impact related to mineral and energy resources is anticipated with the proposed amendments to the Newhall Redevelopment Plan. XI. NOISE a. -d.) Less than Significant Impact — The amendments do not propose or authorize any development at this time. Therefore, the proposed amendments to the Newhall Redevelopment Plan will not expose persons to the,generation of excess noise -levels, groundborne vibration, or increase ambient noise in the City of Santa Clarita. Any future development would be required to conduct all applicable environmental studies in accordance with CEQA, including noise studies. 'The proposed amendments do not remove any noise -related regulations, and therefore would not foreseeably lead to a change in the generation of noise. Therefore, no significant impact is anticipated with relation to noise as a result of the proposed amendment to the Newhall Redevelopment Plan. e. & £) No Impact — The Newhall Redevelopment Plan Area is not located within an airport land use plan, two miles of an airport, or within the vicinity of a private airstrip. Therefore, no impact relating to noise generated by an airport or airstrip is anticipated to occur as a result of the approval of the proposed amendments. XII. POPULATION a.) Less than Significant Impact — The proposed amendments to the AND HOUSING Newhall Redevelopment Plan will extend the City's eminent domain authority until year 2021 and add two potential residential structures that could potentially be acquired by the RDA, and will not entitle or approve new development at this time. However, the use of eminent domain has the potential to create development opportunities in the future. In 2005, the City adopted the Downtown Newhall Specific Plan (DNSP) encompassing approximately 297 acres of the 913 -acre Redevelopment Plan Area. The DNSP created greater flexibility for land uses including the allowance for mixed use developments with commercial, office, and retail uses incorporated with residential units. Upon buildout of the DNSP it is anticipated that an additional 712 residential units could be developed which would increase the population within the Redevelopment Plan Area. However, the amendments proposed at this time are regulatory in nature and do not 1 1 1 1 1 Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 33 of 37 allow for development of these units at this time. Future development within the DNSP, while possible, is too speculative to be evaluated at this time. Development in the Newhall Redevelopment Plan Area, outside of the DNSP, is foreseeable in the future. However, the proposed amendments to the Redevelopment Plan will not authorize any development at this time. Any future development within the Newhall Redevelopment Plan area would need to be evaluated in conjunction with each development application to comply with CEQA. The Redevelopment Agency has established a 5 year implementation plan that identifies the goals of -the-Agency. This -plan identifies the Agency's obligation to provide, maintain, and replace affordable housing within the on Plan Area. The proposed amendments could affect the success of the implementation plan by creating opportunities for additional affordable housing units in the Plan Area. While the proposed amendments could potentially assist in the future development and/or redevelopment within the Newhall Redevelopment Plan area, it is not possible at this time to anticipate the type or scope of development of affordable housing that could potentially occur following approval of these amendments, and therefore can not be adequately evaluated at this time. Therefore, a less than significant impact with respect to population growth is anticipated as a result of the proposed amendments to the Newhall Redevelopment Plan. b & c.) Less than Significant Impact — The proposed modifications to the Newhall Redevelopment Plan will extend the eminent domain authority of the City. The City's current eminent domain authority only applies to non-residential property. With the proposed amendments to the Redevelopment Plan, the non-residential eminent domain authority will be extended by an additional 12 years. In addition, the eminent domain authority will be extended to two specific commercially designated parcels (APN: 2861-003-001 & 2836-008-002) that appear to have been constructed without permits or are legal non -conforming residential uses. The use of eminent domain throughout the Plan Area has the potential to displace residential units. At this time it is anticipated that up to five (5) residential units could be affected by the proposed amendments. However, it is anticipated that any units that would be displaced would be units that may currently be illegal, or non -conforming with the City's Unified Development Code, General Plan, and/or the Downtown Newhall Specific Plan. Should residential units be displaced as a result of the use of eminent domain, the City has adopted a strategy for relocation and replacement of residential units known as the Relocation Method that would serve as a blueprint for Amendment No, Three to the Newhall Redevelopment Plan May 2009 Page 34 of 37 1 1 the relocation of these residents. Further, Proposition 99 was passed by California voters on June 3, 2008, to help protect residents. Proposition 99 prohibits State and local governments from using eminent domain to acquire an owner -occupied residence. Should eminent domain be used by the Redevelopment Agency, all applicable provisions of the State of California regarding the use of eminent domain and relocation of affected residents must be complied with. Due to the low number of housing units potentially involved, and the adopted relocation and replacement plans in place, the impacts associated with the proposed amendments are anticipated to be_less than sign_i_ficant. Therefore, the proposed amendments to the Newhall Redevelopment Plan area anticipated to have a less than significant impact to the displacement or replacement of people or housing units. XIII. PUBLIC a)i.-iv. Less than Significant Impact — The proposed amendments to SERVICES the Newhall Redevelopment Plan project will not directly increase the need for fire protection, police protection, schools, libraries, or parks within the Plan Area. The Plan Area is located in a primarily urbanized portion of the City that is currently provided services by the Los Angeles County Fire and Sheriff Departments, the existing school districts, and the City's Parks and Recreation facilities and programs. The proposed amendments to the Redevelopment Plan will affect the City's eminent domain authority within the Plan Area and will not create additional demand for these services within the Plan Area. Future redevelopment within the Plan Area could consist of additional residential units that might increase the need for additional schools and parks in the City. However, these projects are unknown and therefore too speculative at this time and will be evaluated at the time entitlements are requested. Further, any new residential units would be required to pay the applicable statutory fees to mitigate potential impacts to school or park facilities as a result of the increased population. Therefore, a less than significant impact to public services is anticipated as a result of the proposed amendments to the Newhall Redevelopment Plan. XIV. RECREATION a. -b.) Less than Significant Impact — The proposed changes to the Newhall Redevelopment Plan will not result in the approval of any entitlement or authorize the construction of any development project and will further not authorize the addition of any new residential units. While the majority of the Plan Area is non-residential in nature, redevelopment within the Plan Area could consist of 1 1 1 1 Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 35 of 37 additional residential units that would increase the need for additional recreational facilities. At this time it is too speculative to anticipate the number of residential units that could forseeably be developed in the Plan Area. Any approval for development would be required to evaluate the impacts to recreational facilities and would be required to pay the appropriate statutory fees to the City for the establishment of additional recreational facilities within the City in accordance with the Parks and Recreation Element in the City's General Plan, the City's Unified Development Code, the Downtown Newhall Specific Plan, and would be subject to the City's park impact fees. Therefore, a less than significant impact to recreational facilities is anticipated with the proposed amendments to the Newhall Redevelopment Plan at this time. XV. a. -b.) Less than Significant Impact — The proposed amendments to TRANSPORTATION / the Newhall Redevelopment Plan are regulatory in nature, extending TRAFFIC the City's eminent domain authority for the potential acquisition of property within the Plan Area. The proposed amendments are not anticipated to have immediate developmental impacts that alter traffic load or capacity on street systems. Future development activity in the Plan Area would be regulated by the City's UDC, General Plan, Downtown Newhall Specific Plan, and all applicable transportation policies. Further, any future development or redevelopment projects as a result of the proposed amendments are speculative at this time and can not be adequately evaluated. At the time projects are proposed, additional CEQA review will be conducted to determine project related impacts to any traffic capacity or level of service standards. Therefore, a less than significant impact to the traffic load, capacity, and level of service standards is anticipated at this time. c.) No Impact — The Newhall Redevelopment Plan Area is not located near any airports and will therefore not impact any air traffic patterns. Further, the proposed amendments do not entitle any development at this time; they only authorize a regulatory expansion to the City's eminent domain authority within the Plan Area. Therefore, no impact to air traffic patterns is anticipated with the proposed amendments to the Newhall Redevelopment Plan Area. d. -h.) Less than Significant Impact: The proposed amendments to the Newhall Redevelopment Plan extend the City's eminent domain authority and do not authorize any development at this time. Therefore, the proposed amendments would have no impacts on City Amendment No. Three to the Newhall Redevelopment Plan May 2009 Page 36 of 37 1 1 1 traffic systems including emergency routes, parking capacity, pedestrian or bicycle routes, or increase hazards due to a design feature -or incompatible use. Any development and/or redevelopment that would occur in the Plan Area would still need to comply with the Circulation Element of the City's General Plan, the Downtown Newhall Specific Plan, the City's roadway design and parkway standards, and all adopted policies, plans, and programs supporting alternative transportation. Therefore, the proposed amendments to the Newhall Redevelopment Plan are anticipated to have a less than significant impact to transportation and traffic. XVI. UTILITIES AND a. -g.) Less than Significant Impact — The Newhall Redevelopment SERVICE SYSTEMS Plan area is located in a primarily urbanized portion of the City that is currently serviced by existing utility and service systems including stormwater drainage systems, wastewater treatment facilities, and solid waste treatment facilities. The proposed amendments to the Newhall Redevelopment Plan extend the City's eminent domain authority and does not approve any land use entitlements or include any development at this time that would impact these existing utility and service systems. Any subsequent development would be required to comply with the City's General Plan and the requirements of the Regional Water Quality Control Board and all applicable utility purveyors. Compliance with these requirements would ensure all federal, State and local statutes and imposed regulations are met. Therefore, a less than significant impact to utilities or service systems is anticipated with approval of the proposed amendments to the Newhall Redevelopment Plan. XVII. MANDATORY a. -c.) Less than Significant Impact — The proposed amendments to FINDINGS OF the Newhall Redevelopment Plan are not anticipated to have a SIGNIFICANCE significant impact on the environment that would lead to a substantial reduction in habitat of a fish or wildlife species, or reduce or restrict the number of rare, threatened or endangered species. The proposal does not involve any physical development at this time. The proposed amendments may apply to future development projects within the City. However, the proposed amendments do not remove any established City regulations that protect any plant and animal species. Due to the nature of the proposed amendments, the proposal would not contribute to any cumulative impacts and would not cause environmental effects that would adversely affect humans. Rather, the proposed amendments are intended to extend the City's eminent domain authority to allow for the potential future acquisition and 1 1 1 1 1 Amendment No, Three to the Newhall Redevelopment Plan May 2009 Page 37 of 37 S.\CD\CURRENTV2009\Initial Study - RDA Amendments,doc redevelopment of property in the Plan Area. Therefore, the proposed project would have a less than significant impact that could result in a Mandatory Findings of Significance. XVIII. DEPARTMENT a.) No Impact — The legislative intent of the Department of Fish and OF FISH AND GAME Game `De Minimus' Finding is "to extend the current user -based `DE MINIMUS' funding system by allocating the transactional costs of wildlife FINDING protection and management to those who would consume those resources through urbanization and development..." (AB 3158, Chapter 1706, Statutes of 1990, effective January 1, 1991, Section 1(c)). The proposed amendments would not entitle any new development; and any future development proposal , seeking discretionary approval would remain subject to CEQA and the CDFG Code. Since, the proposed amendments are not anticipated to have a significant adverse effect either individually or cumulatively, on fish and wildlife resources, the project's impacts on fish and wildlife are de minimus. S.\CD\CURRENTV2009\Initial Study - RDA Amendments,doc