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97-0310_CAPISTRANO UNIFIED SCHOOL DISTRICT_Staff MemoR MEMORANDUM March 10, 1997 TO: George Scarborough, Executive Director John Shaw, Agency Counsel FROM: Thomas Tomlinson, Deputy Directo6,4,— SUBJECT: Application of CEQA to Capistrano Unified School District Transaction to Acquire and Develop an Elementary School Adjacent to the San Juan Capistrano Sports Park and Community Center and Other Related Conveyance of Property In response to your memorandum dated March 7, 1997, it has been requested that an evaluation be completed regarding the application of CEQA to a new cooperative agreement between the Community Redevelopment Agency and the Capistrano Unified School District for the following transactions: 1. City and Agency convey their respective interests (City 4/5; Agency 1/5) to CUSD regarding the seven acre parcel located at the San Juan Capistrano Sports Park and Community Center site. 2. CUSD conveys fee title to the parcel underlying the San Juan Capistrano Library to the City. 3. City conveys the parcel adjoining the Library parcel, referred to as Parcel B in the existing agreement to CUSD. 4. Lease is executed between CUSD and City for the property commonly known as Stone Field located at the southeast comer of Camino Capistrano and La Zanja. In accordance with the provisions of CEQA and the City's adopted Environmental Guidelines, acting in my appointment as the City's Environmental Administrator, I have reviewed each of the anticipated actions in the proposed agreement and have made the following determinations: Conveyance of seven acre parcel for a new elementary school site. This specific transaction in accordance with CEQA is considered a project in that ..."Project means the whole of an action, which has a potential for resulting in a physical change in the environment or ultimately". Under the agreement the purpose of the transfer of title is for the express purpose of physically changing the property by the construction of an elementary school site. In accordance with this interpretation, the Capistrano Unified School District had prepared an initial study to determine the ultimate impacts of the development of the elementary school. Based upon the conclusions of the Initial Study, the District issued a Negative Declaration which was duly noticed and posted. The City/Community Redevelopment Agency reviewed the Negative Declaration and the Initial Study during the statutory review period and accepted its findings. This action was consistent with the definition of "Lead Agency" as MEMORANDUM - CUSD Agreement -2- March 10, 1997 stated in Section 15367 and 15051 of the CEQA Guidelines. Based upon this interpretation, the City/Agency is considered a "Responsible Agency", therefore no further action is necessary for this specific element of the Agreement related to compliance with CEQA. 2. In regards to the other three components of the agreement, each involves either a fee title transfer or lease arrangement. In considering each element, the Environmental Administrator has determined that they do not satisfy the definition of "Project'. The transfer of ownership or lease arrangement will not result in a physical change in the existing use or environment. The Library parcel has been developed and reviewed for compliance with CEQA prior to its construction. Parcel B is an existing school facility and will remain as currently configured. Stone Field is presently used as an athletic sports field and will continue to be used without any further physical improvements except that associated with normal maintenance which is categorical exempt. It is recommended that in preparing the agreement documents that the above findings and determinations be incorporated to insure that the record is clear that CEQA compliance was evaluated regarding each of the anticipated actions. If there should be any questions regarding the above determination please let me know. I can be reached at extension 6323. cc: Cindy Pendleton, Director of Administrative Services C:AWPW1N60AWPDOCS\1ACUSD3.10