Item 2 - GPA 05-03/ZOA 05-03
AGENDA REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Mana~
INITIATED BY: Niall Fritz, Director of Development Services
DATE: June 21,2005
SUBJECT: General Plan Amendment 05-03, Zoning Ordinance Amendment 05-03, a Poway
Municipal Code Amendment to Title 15; Applicant: City of Poway
ABSTRACT
At the City Council Workshop of March 3, 2005, after hearing a series of proposed recommended changes
to the building and development codes designed to improve fire safety, the City Council directed staff to
prepare amendments to the Poway Municipal Code to reduce road and driveway slopes from 25 percent
to 20 percent. The additional grading required to comply with the new standard could result in a reduced
building pad and/or exceeding the maximum graded area for the parcel as currently permitted by General
Plan criteria. As such, the City Council also directed staff to prepare a General Plan Amendment that
would change the grading criteria so any additional grading required to meet the 20% slope requirement
would not count toward the maximum graded area. The General Plan Amendment would also give the
Director of Development Services the ability to approve minor grading that exceeds the maximum graded
area when associated with meetinq the new road and driveway slope criteria.
ENVIRONMENTAL REVIEW
An Environmental Initial Study was completed based on the request to amend the poway General Plan to
modify the criteria that regulates the maximum amount of graded area permitted per lot and amendments
to the Poway Municipal Code reducing road and driveway slopes from 25% to 20%. Through the Initial
Study, it was determined that the project would not result in any significant environmental impacts. The
approval of a Negative Declaration is recommended.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A public hearing notice was published in the Poway News Chieftain and copies of the staff report were
also sent to John Fitch, Stan Kaminiski and Don Mechling.
RECOMMENDATION
It is recommended that the City Council hold first reading of the proposed Ordinance for Zoning Ordinance
Amendment 05-03 and a Poway Municipal Code Amendment to Title 15, waive further reading, and
continue the public hearing for second reading ofthe Ordinance, and adoption of the proposed Resolution
approving GPA 05-03, to Julv 5, 2005.
ACTION
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1 of 31 June 21, 2005 Item # ~
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CITY OF POWAY
AGENDA REPORT
TO: Honorable Mayor and Member~ City Council
FROM: James L. Bowersox, City Mana
INITIATED BY: Niall Fritz, Director of Development Services
Patti Brindle, City Planner ff'
Jim Lyon, Senior Planner ~
DATE: June 7,2005
SUBJECT: Environmental Assessment and General Plan Amendment (GPA)
05-03 - A City-Initiated General Plan Amendment to the Community
Development Element of the General Plan regarding modifications
to the maximum graded area standard; Zoning Ordinance
Amendment (ZOA) 05-03, An Ordinance of the City of Poway,
California, Amending Section 17.08.170, Property Development
Standards - Additional Requirements, of the Poway Municipal Code
pertaining to reducing the City's road and driveway slope
requirements from 25% to 20%, and Section 15.24.170, Fire
Apparatus Access Roads - Specifications, reducing the maximum
slope of fire access roadways from 25% to 20%.
BACKGROUND
In the aftermath of the Cedar Fire, representatives from the Development Services and
Safety Services Departments met to evaluate City codes and policies to determine if there
was room for improvement. On March 3, 2005, the Development Services and Safety
Services Departments presented to the City Council a series of revised fire safety standards
intended to minimize the loss of life and property from wildfire.
The proposed standards included:
. Identification of emergency access routes for the Del Poniente and High Valley areas;
. Building Code changes;
. Modification to the timing of Weed Abatement;
. Revisions to the City's Fire Management Zones; and
. Revisions to driveway and road construction standards (steepness and paving
requirements).
2 of 31 June 21, 2005 Item # ':L
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Agenda Report
June 21,2005
Page 2
After discussing the proposed amendments the City Council gave staff the approval to:
. Modify the timing of the weed abatement notices;
. Reduce the number and design of the fire management zones from 5 to 2; and
. Proceed with a General Plan Amendment and Zoning Ordinance Amendment
associated with reducing the maximum driveway and road slope requirement from
25% to 20% slope.
The proposed Ordinance amendments change the City standards that reduce the maximum
road and driyeway slope from 25% to 20%. The corresponding General Plan Amendment
addresses the additional grading that may be required to achieve the 20% road or driveway
slope.
FINDINGS
General Plan Amendment 05-03
The Community Development Element of the General Plan contains policies and strategies
relating to land use deyelopment, including policies and strategies specifically regarding
subdivision, site design, and hillside development. The City's current regulations permit road
and driyeway slopes up to 25%. The proposed language would amend the Poway Municipal
Code to reduce the maximum slope from 25% to 20%. This, in turn, may result in additional
grading that may conflict with the maximum graded area allowed, as defined in the
Community Design Element of the General Plan.
The justification for the proposed General Plan Amendment is based on the fact that
development of many of the remaining residential parcels in the City involves hillside lots that
present unique challenges for access. Many ofthe existing roads and driveways that proYide
access to these parcels, which are typically privately owned and maintained, contain steep
grades. Studies have found that heavily loaded fire trucks are often not able to negotiate
such steep grades, particularly if the roadway or driveway is narrow and winding.
Compression in diesel engines is not always able to provide sufficient torque to start on
slopes that exceed 20%. In these situations, if a fire truck must stop mid-slope and lose its
momentum, it may not be able to reach its destination without re-starting at the bottom ofthe
slope. It is also important to point out that the Federal Motor Vehicle and National Fire
Protection Association measure air brake standards at a maximum grade of 20%. It is
uncertain if the brakes on heavily loaded vehicles such as fire trucks, moving vans, and trash
trucks would be able to hold on grades over 20%. Finally, studies have shown that
mechanical pumps on fire trucks are impacted by steeper grades due to location of the
interior pick-up tubes within the tanks, resulting in diminished oil circulation and
water tank capacities.
To make these parcels more accessible to emergency and delivery vehicles, the City Council
directed staff to amend the City standards to reduce the maximum road and driveway slope
from 25% to 20%. Modifying the standards would result in additional grading. Three
approved homes were reviewed and the estimated additional quantities ranged from 3,600
3 of 31 June 21, 2005 Item # ~
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Agenda Report
June 21, 2005
Page 3
to 11,200 square feet. Under current General Plan policies, the amount of grading is limited
based on the average natural slope of the parcel as indicated below:
Goal 1 , Policy C - Site Design, Strategy 19 of the Community Design Element
19. The maximum allowable area of the lot that may be graded for
driveway, residence and accessory functions is determined by
the degree of average natural slope as follows:
Slope Graded Area
0- 14.9 Entire lot
15-19.9 50% or 35,000 sq. ft. whichever is greater
20 - 24.9 20% or 25,000 sq. ft. whichever is greater
25 - 44.9 10% or 20,000 sq. ft. whichever is greater
45.0+ "No grading or development permitted and
no developable acreage credit given
'Sensitive biological or other environmental constraints may require the
application of stricter standards.
"Exemptions apply to the High Valley area for slopes in excess of 45%
for determining parcel size. (Amended per GPA 93-02C.)
To minimize any reduction of the building pad as a result of the additional grading required
to comply with the reduced grade standard, staff is proposing that the following language be
added to the above General Plan Strategy. The amount of grading permitted above the
General Plan standard is limited only to extra material required to construct the road or
driveway to a 20% grade. It does not provide the homeowner any additional density.
*** Additional grading required to meet the 20% slope road and driveway
standard shall not count against the maximum graded area permitted
by the above slope/graded area table. To achieve a grading
allowance, the applicant will be required to prepare two concept
grading plans, one denoting the 25% or less driveway and the other a
20% or less driveway slope. The difference in the amount of graded
area between the two concept grading plans would not be counted
toward the maximum graded area. If the quantity of material graded
to achieve the 20% slope exceeds the maximum graded area for the
lot, the Director of Development Services may approve the additional
grading. The quantity of material that may exceed the maximum
graded area is limited to only the quantity of material necessary to
reduce the road or driveway slope from a maximum of 25% to 20%.
Zonina Ordinance Amendment 05-03
In addition to amending the General Plan, Sections 15 and 17 of the Poway Municipal Code
will need to be changed.
4 of 31 June 21, 2005 Item # ')
Agenda Report
June 21,2005
Page 4
Section 17.08.170D of the Poway Municipal Code contains standards for driveway
construction. It allows a maximum 25% grade for driveways serving one or two parcels in
residential zones. In response to the City Council's direction to reduce road and driveway
slopes to 20% to accommodate emergency and delivery vehicles, and based on the
aforementioned justification, staff is recommending this section be amended to read as
follows (revisions noted in strikeout and bold):
D. Driveway Requirements.
1. Each building site shall have a minimum 20-foot-wide vehicular
access to a street.
2. Driveway and other concrete or asphalt concrete areas
available for parking shall not exceed 50% of the required front
yard area.
3. Driveways serving one or two parcels in residential zones shall
be constructed subject to the following standards
Zones Max. Grade Break* Max. Slope Min. Surfacing Width
0-15% 15-25%
RS-3
RS-4 14% ~ Min. 12 feet
RS-7 (minimum tangent length -10') 20% *** 6"P.C.C. 6"P.C.C. Max. 30 feet
RC
RA
RS-1
RS-2 ~ Min. 12 feet
RR-A 14% 20% *** 2" A.C.** 6"P.C.C. Max. 30 feet
RR-B
RR-C
* Vertical Curve (min. 50 feet long) can be utilized with approval of the City Engineer.
** For slopes between 1 % and 10%, gravel may be used based upon the following
specifications:
a. The native soil must have a minimum R-value of 50 and minimum sand
equivalency of 20.
b. Scarify and compact the top 12" of subgrade to 95% relative compaction. Over
subgrade, compact the specified amount of Class II base to 95%, based upon
the following table:
c. Drainage improvements and culverts must be installed to the satisfaction of the
City Engineer.
5 of 31 June 21, 2005 Item # ~
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Agenda Report
June 21,2005
Page 5
R-Value Inches of Base
50 6"
60 5"
68 4"
75 3"
80 and over None
... Slopes in excess of 20% may be approved for very limited distances
where topographic or geologic constraints prohibit compliance with the
standard. In no case shall road and driveway slopes exceed 25%.
Modification of the slope standard is subject to the approval of the Fire
Marshall and the Director of Development Services.
Additional grading required to meet the 20% slope road and driveway
standard shall not count against the maximum graded area permitted by
the above slope/graded area table. To achieve a grading allowance, the
applicant will be required to prepare two concept grading plans, one
denoting the 25% or less driveway and the other a 20% or less driveway
slope. The difference in the amount of graded area between the two
concept grading plans would not be counted toward the maximum
graded area. If the quantity of material graded to achieve the 20% slope
exceeds the maximum graded area for the lot, the Director of
Development Services may approve the additional grading. The quantity
of material that may exceed the maximum graded area is limited to only
the quantity of material necessary to reduce the road or driveway slope
from a maximum of 25% to 20%.
Section 15.24.170 (Fire Code) of the Poway Municipal Code also references road and
driveway slope criteria for fire access roadways. To remain consistent with changes
proposed to Section 17, staff is recommending that Section 15.24.170 of the Poway
Municipal Code be amended to read as follows:
Grade: The gradient for a fire apparatus access roadway shall not exceed
25.0% 20.0%. Grades exceeding 15.0% (incline or decline) shall not be
permitted without mitigation. Minimal mitigation shall be the installation of fire
sprinkler systems appropriate to the structures and uses served. The Chief
may require additional mitigation measures where he deems appropriate. The
angle of departure and angle of approach of a fire access roadway shall not
exceed the maximum approved by the Chief.
ENVIRONMENTAL REVIEW
An Environmental Initial Study was completed based on the request to amend the Poway
General Plan to modify the criteria that regulates the maximum amount of graded area
permitted per lot and amendments to the Poway Municipal Code reducing road and driveway
6 of 31 June 21, 2005 Item # ,
Agenda Report
June 21,2005
Page 6
slopes from 25% to 20%. Through the initial study it was determined that the project would
not result in any significant environmental impacts (Attachment C). The approval of a
Negative Declaration is recommended.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A public hearing notice was published in the Poway News Chieftain and copies of the staff
report were also sent to John Fitch, Stan Kaminski and Don Mechling.
RECOMMENDATION
It is recommended that the City Council hold first reading of the proposed Ordinance for
Zoning Ordinance Amendment 05-03 and Poway Municipal Code Amendment 05-01,
waive further reading, and continue the public hearing for second reading of the Ordinance,
and adoption of the proposed Resolution approving GPA 05-03 to July 5, 2005.
Attachments:
A. Recommended Ordinance Approving ZOA 05-03 and PMCA 05-01
B. Recommended Resolution Approving GPA 05-03
C. Negative Declaration and Environmental Initial Study
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7 of 31 June 21, 2005 Item # ~
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING ZONING ORDINANCE AMENDMENT (ZOA) 05-03 TO AMEND
SECTION 17.08.17 OF THE POWAY MUNICIPAL CODE (PMCA 05-01) REDUCING
THE CITY'S MAXIMUM ROAD AND DRIVEWAY SLOPE REQUIREMENTS FROM
25% TO 20% AND AN AMENDMENT TO SECTION 15.24.170, FIRE APPARATUS
ACCESS ROADS - SPECIFICATIONS REDUCING THE SLOPE OF FIRE ACCESS
ROADWAYS FROM 25% TO 20%.
WHEREAS, the City Council desires to amend the Poway Municipal Code to
improve safety standards; and
WHEREAS, the City Council finds that the proposed amendment would assist
emergency medical, fire, and delivery vehicles in gaining safe and timely access to
hilltop properties; and
WHEREAS, the City Council finds that this amendment is consistent with the
General Plan.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: The City Council has considered the Environmental Initial Study (EIS) and
Negative Declaration (ND) for ZOA 05-03 and PMCA 05-01, and public comments
received on the EIS and ND. The subject EIS and ND documentation are fully
incorporated herein by this reference. The City Council finds, on the basis of the whole
record before it, that there is no substantial evidence the project will have a significant
impact on the environment. The City Council hereby approves the Negative
Declaration.
Section 2: The following Section 17.08.170D of Title 17 of the Poway Municipal Code
is amended to read as follows:
D. Driveway Requirements.
1. Each building site shall have a minimum 20-foot-wide vehicular
access to a street.
2. Driveway and other concrete or asphalt concrete areas available for
parking shall not exceed 50% of the required front yard area.
3. Driveways serving one or two parcels in residential zones shall be
constructed subject to the following standards:
8 of 31 ATTACHMENT A June 21, 2005 Item # ~
- --------------
Ordinance No.
Page 2
Zones Max. Grade Break* Max. Min. Surfacing Width
Slope 0-15% 15 - 25%
RS-3
RS-4 14% Min. 12 feet
RS-7 (minimum tangent 20%*** 6" P.C.C. 6" P.C.C.
RC length - 10') Max. 30 feet
RA
RS-1
RS-2 Min. 12 feet
RR-A 14% 20%*** 2" A. C..* 6" P.C.C.
RR-B Max. 30 feet
RR-C
* Vertical Curve (min. 50 feet long) can be utilized with approval of the City
Engineer.
** For slopes between 1 % and 10%, gravel may be used based upon the following
specifications:
a. The native soil must have a minimum R-value of 50 and minimum sand
equivalency of 20.
b. Scarify and compact the top 12" of subgrade to 95% relative compaction.
Over subgrade, compact the specified amount of Class II base to 95%,
based upon the following table:
c. Drainage improvements and culverts must be installed to the satisfaction
of the City Engineer.
R-Value Inches of Base
50 6"
60 5"
68 4"
75 3"
80 and over None
*** Slopes in excess of 20% may be approved for very limited
distances where topographic or geologic constraints prohibit
compliance with the standard. In no case shall road and driveway
slopes exceed 25%. Modification of the slope standard is subject to
the approval of the Fire Marshall and the Director of Development
Services.
9 of 31 June 21, 2005 Item # ).
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Ordinance No.
Page 3
Additional grading required to meet the 20% slope road and driveway
standard shall not count against the maximum graded area permitted
by the above slope/graded area table. To achieve a grading allowance,
the applicant will be required to prepare two concept grading plans,
one denoting the 25% or less driveway and the other a 20% or less
driveway slope. The difference in the amount of graded area between
the two concept grading plans would not be counted toward the
maximum graded area. If the quantity of material graded to achieve
the 20% slope exceeds the maximum graded area for the lot, the
Director of Development Services may approve the additional grading.
The quantity of material that may exceed the maximum graded area is
limited to only the quantity of material necessary to reduce the road or
driveway slope from a maximum of 25% to 20%.
Section 3: The following Section 15.24.170 of Title 15 of the Poway Municipal Code
Fire apparatus access roads - Specifications are amended to read as follows:
S 902.2.2.6 Grade. The gradient for a fire apparatus access roadway shall not exceed
20.0%. Grades exceeding 15.0% (incline or decline) shall not be permitted without
mitigation. Minimal mitigation shall be the installation of fire sprinkler systems
appropriate to the structures and uses served. The Chief may require additional
mitigation measures where he deems appropriate. The angle of departure and angle of
approach of a fire access roadway shall not exceed the maximum approved by the
Chief.
Section 4: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of this passage; and before the expiration of fifteen (15) days after
its passage, it shall be published once with the names and members voting for and
against the same in the Poway News Chieftain, a newspaper of general circulation
published in the City of Poway.
10 of 31 June 21, 2005 Item # "l.
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Ordinance No.
Page 4
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 21st day of June 2005, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 5th day of July 2005, by the following roll
call vote.
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Michael P. Cafagna, Mayor
ATTEST:
L. Diane Shea, City Clerk
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11 of 31 June 21, 2005 Item # ').,
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
AMENDING THE COMMUNITY DEVELOPMENT ELEMENT
OF THE GENERAL PLAN OF THE CITY OF POWAY
GENERAL PLAN AMENDMENT (GPA) 05-03
WHEREAS, the City Council of the City of Poway recognizes that the need may
arise to amend the City's General Plan; and
WHEREAS, Section 65350, et seq., of the California Government Code describes
the procedures for amending General Plans; and
WHEREAS, on May 10,2005, the City of Poway initiated General Plan Amendment
05-03, which involves excluding from consideration additional graded material required to
reduce road and driveway slopes from 25% to 20% from the maximum graded area
permitted by the General Plan, and the ability for the City to approve grading in excess of
the maximum graded area allowed when necessary to meet the 20% road and driveway
slope criteria; and
WHEREAS, the City Council finds that the proposed General Plan Amendment
would assist property owners in meeting the City's 20% slope and driveway criteria without
compromising their maximum permitted graded area; and
WHEREAS, on June 21,2005, the City of Poway held a properly noticed public
hearing in accordance with the California Government Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: An Environmental Initial Study was completed based on the request to amend
the Poway General Plan to modify the criteria that regulates the maximum amount of
graded area permitted per lot and amendments to the Poway Municipal Code reducing
road and driveway slopes from 25% to 20%. Through the initial study it was determined
that the project would not result in any significant environmental impacts. The approval of
a Negative Declaration is recommended.
Section 2: The City Council hereby approves General Plan Amendment 05-03, amending
the Community Development Element (Goal 1 , Policy C - Site Design, Strategy 19) of the
City of Poway General Plan to read as follows:
19. The maximum allowable area of the lot that may be graded for
driveway, residence and accessory functions is determined by the
degree of average natural slope as follows:
12 of 31 ATTACHMENT B June 21, 2005 Item # ~
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Resolution No.
Page 2
Slope Graded Area
0-14.9 Entire lot
15 - 19.9 50% or 35,000 sq. ft. whichever is greater
20 - 24.9 20% or 25,000 sq. ft. whichever is greater
25 - 44.9 10% or 20,000 sq. ft. whichever is greater
45+ .. No grading or development permitted and
no developable acreage credit given
. Sensitive biological or other environmental constraints may require the
application of stricter standards.
.. Exemptions apply to the High Valley area for slopes in excess of 45 percent
for determining parcel size. (Amended per GPA 93-02C)
... Additional grading required to meet the 20% slope road and driveway
standard shall not count against the maximum graded area permitted
by the above slope/graded area table. To achieve a grading allowance,
the applicant will be required to prepare two concept grading plans, one
denoting the 25% or less driveway and the other a 20% or less driveway
slope. The difference in the amount of graded area between the two
concept grading plans would not be counted toward the maximum
graded area. If the quantity of material graded to achieve the 20% slope
exceeds the maximum graded area for the lot, the Director of
Development Services may approve the additional grading. The
quantity of material that may exceed the maximum graded area is
limited to only the quantity of material necessary to reduce the road or
driveway slope from a maximum of 25% to 20%.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 5th day of July 2005.
Michael P. Cafagna, Mayor
ATTEST:
L. Diane Shea, City Clerk
13 of 31 June 21, 2005 Item# ""
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Resolution No.
Page 3
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. , was duly adopted by
the City Council at a meeting of said City Council held on the 5th day of July 2005, and that
it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
L. Diane Shea, City Clerk
City of Poway
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MICKEY CAFAGNA, Mayor CITY OF POWAY
BOB EMERY, Deputy Mayor
MERRILEE BOYACK, CounciImember
DON HIGGINSON. Councilmember
BETTY REXFORD, Coundlmember
CITY OF POWAY
NEGATIVE DECLARATION
1. Name and Address of Applicant: City of Poway
P.O. Box 789, Poway, CA 92074
2. Project Name: Environmental Assessment, General Plan Amendment 05-03, Zone
Ordinance Amendment 05-03 and Poway Municipal Code Amendment 05-01
3. Brief Description of Project: A City-Initiated General Plan Amendment to the
Community Development Element of the General Plan regarding modifications to the
maximum graded area standard; Zoning Ordinar:lce Amendment (ZOA) 05-03, An
Ordinance of the City of Poway, California, Amending Section 17.08.170, Property
Development Standards - Additional Requirements, of the Poway Municipal Code
pertaining to reducing the City's road and driveway slope requirements from 25% to
20%, and Poway Municipal Code Amendment 05-01 An Ordinance of the City of
Poway, California, Amending Section 15.24.170, Fire Apparatus Access Roads -
Specifications, reducing the maximum slope of fire access roadways from 25% to
20%.
4. In accordance with Resolution 83-084 of the City of Poway, implementing the
California Environmental Quality Act of 1970, the City of Poway City Council has found
that the above project will not have a significant effect upon the environment and has
approved a Mitigated Negative Declaration. An Environmental Impact Report will not
be required.
5. This Mitigated Negative Declaration is comprised of this form, along with the
Environmental Initial Study that includes the Initial Study and Checklist, and the
approved Mitigation Monitoring Program containing the mitigation measures approved
for this project.
6. The decision of the City Council of the City of Poway is final.
Contact Person: Jim Lyon Phone: (858) 668 - 4657
Approved by: Date: June 26, 2005
Niall Fritz, Director of Development Services
Attachments:
Environmental Initial Study
,
M:\planningI05reportlgpaIGPA 05-03 GradingIND.doc
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789. (858) 668-4400 FAX 668-1205
1 5 t 3P1rinted on Recycled Paper ATTACHMENT C June 21, 2005 Item # ".),.
-.---
CITY OF POWAY
ENVIRONMENTAL INITIAL STUDY
AND CHECKLIST
A. INTRODUCTION
This Environmental Initial Study and Checklist, along with information contained in the public
record, comprise the environmental documentation for the proposed project as described
below, pursuant to the requirements of the California Environmental Quality Act (CEQA).
Based upon the information contained herein, and in the public record, the City of Poway has
prepared a Mitigated Negative Declaration for the proposed project.
B. PROJECT INFORMATION
1. Project Title: General Plan Amendment 05-03, Zoning Ordinance Amendment 05-03, Poway
Municipal Code Amendment 05-01, Applicant: City of Poway
2. Lead Agency Name and Address: City of Poway
13325 Civic Center Drive, Poway. CA 92064
3. Contact Person and Phone Number: Jim Lyon, 858-668-4657
4. Project Location: Citywide
5. Project Sponsor's Name and Address: City of Poway (same as above)
6. General Plan/Zoning Designation: N/A
7. Description of Project: A City-Initiated General Plan Amendment to the Community
Development Element of the General Plan regarding modifications to the maximum graded
area standard; Zoning Ordinance Amendment (ZOA) 05-03, An Ordinance of the City of
Poway, California, Amending Section 17.08.170, Property Development Standards - Additional
Requirements, of the Poway Municipal Code pertaining to reducing the City's road and
driveway slope requirements from 25% to 20%, and Poway Municipal Code Amendment 05-01
An Ordinance of the City of Poway, California, Amending Section 15.24.170, Fire Apparatus
Access Roads - Specifications, reducing the maximum slope of fire access roadways from
25% to 20%.
8. Surrounding Land Uses and Setting: The project is applicable Citywide.
9. Other agencies whose approval is required (e.g.: permits, financing approval, or participation
agreement: None.
16 of 31 June 21, 2005 Item # 1.
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EIS and Checklist GPAlZOA 05-03
Environmental Factors Potentially Affected: The environmental factors checked below would be
potentially affected by this project, involving at least one impact that is a "Potentially Significant
Impact" as indicated by the checklist on the following pages.
D Land Use and Planning D Transportation/Circulation D Public Services
D Population and Housing D Biological Resources D Utilities and Service
o Geological Problems 0 Energy and Mineral Systems
D Water Resources D Aesthetics
D Air Quality D Hazards/Hazardous Materials D Cultural Resources
o Agricultural Resources 0 Noise 0 Recreation
o Mandatory Findings of
Significance
Determination (To be completed by the Lead Agency): The Poway General Plan and a Traffic
Study, prepared by VRPA, dated July 9, 2004, were used to evaluate potential project impacts.
These reports were used in the preparation of the Environmental Initial Study and are available for
review in the City of Poway Development Services Department.
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment and t8:I
a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, 0
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 D
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed MAY have a "potentially significant impact" or "potentially significant D
unless mitigated" impact on the environment but at least one effect 1) has been adequately
analyzed in an earlier document pursuant to applicable legal standards. And 2) has been
addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, 0
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
miti ation measures that are im osed u on the ro osed ro'ect, nothin further is re uired.
~~ M,,1320~
Cit 0 ow Date
170f31 2 June21,2005 Item# 1-
-"_._... .....--.-...----.--.--- --~- ---.---- _.......~-------_._-_._._..._"..,.
EIS and Checklist GPAlZOA 05-03
C. Checklist
ISSUE POTENTIALLY POTENTIALLY LESS THAN NO
SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT
IMPACT UNLESS IMPACT
MITIGATION
INCORPORATION
I. AESTHETICS. Would the proiect:
a. Affect a scenic vista or scenic X
hiahwav?
b. Have a demonstrable negative X
aesthetic effect?
c. Create liqht or qlare? X
II. AGRICULTURAL 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 Department of
Conservation as an optional
model to use in assessing impacts
on agriculture and farmland.
Would the oroiect:
a. Convert prime farmland, unique
farmland, or farmland of statewide
importance (farmland), as shown
on the maps prepared pursuant to X
the Farmland Mapping and
Monitoring Program of the
California Resources Agency, to
non-aaricultural use?
b. Conflict with existing zoning for
agricultural use, or a Williamson X
Act contract?
c. Involve other changes in the
existing environment which, due
to their location or nature, could X
result in conversion of farmland to
non-aaricultural use.
III. AIR QUALITY. Where available,
the significance criteria
established by the applicable air
quality management or air
pollution control district may be
relied upon to make the following
determinations. Would the
oroiect:
a. Conflict with or obstruct
implementation 0 the applicable X
air Quality plan?
18 of 31 3 June 21, 2005 Item # '1.
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ISSUE POTENTIALLY POTENTIALLY LESS THAN NO
SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT
IMPACT UNLESS IMPACT
MITIGATION
INCORPORATION
b. Violate any air quality standard
or contribute substantially to an X
existing or projected air quality
violation?
c. Expose sensitive receptors to
substantial pollutant X
concentrations?
d. Create objectionable odors
affecting a substantial number of X
oeople?
IV. BIOLOGICAL RESOURCES.
Would the oroiect:
a. Have a substantial adverse
effect, either directly or through
habitat modifications, on any
species identified as a
candidate, sensitive, or special X
status species in local or regional
plans, policies, or regulations, or
by the California Department of
Fish and Game or U.S. Fish and
Wildlife Service?
b. Have a substantial adverse
effect on any riparian habitat or
other sensitive natural
community identified in local or X
regional plans, policies,
regulations, or by the California
Department of Fish and Game or
U.S. Fish and Wildlife Service?
c. Have a substantial adverse effect
on federally protected wetlands
as defined by Section 404 of the
Glean Water Act (including, but X
not limited to, marsh, vernal pool,
coastal, etc.) through direct
removal, filing, hydrological
interruption, or other means?
d. Interfere substantially with the
movement of any native resident
or migratory fish or wildlife
species or with established native X
resident migratory wildlife
corridors, or impede the use of
native wildlife nurserv sites?
19 of 31 4 June 21, 2005 Item # ~
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ISSUE POTENTIALLY POTENTIALLY LESS THAN NO
SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT
IMPACT UNLESS IMPACT
MITIGATION
INCORPORATION
e. Conflict with any local policies or
ordinances protecting biological X
resources, such as a tree
oreservation oolicv or ordinance?
f. Conflict with the provisions of an
adopted Habitat conservation
Plan, Natural Community X
Conservation Plan, or other
approved local, regional or state
habitat conservation olan?
V. CULTURAL RESOURCES.
Would the Proiect:
a. Cause a substantial adverse
change in the significance of a X
historical resource as defined in
Section 15064.5
b. Directly or indirectly destroy a
unique paleontological resource X
or site or unique geologic
feature?
c. Disturb any human remains,
including those interred outside of X
formal cemeteries?
VI. GEOLOGY AND SOILS. Would
the oroiect:
a. Expose people or structures to
potential substantial adverse X
effects, including the risk of loss,
iniurv or death involvina:
i) Rupture a known earthquake
fault, as delineated on the most
recent Alquist-Priolo Earthquake
Fault Zoning Map issued by the
State Geologist for the area or X
based on other substantial
evidence of a known fault? Refer
to Division of Mines and Geology
Soecial Publication 42.
ii) Cause strong seismic ground X
shakina?
III) Cause seismic-related ground X
failure, includina liauefaction?
iv) Cause Landslides? X
b. Result in substantial soil erosion X
or the loss of toosoil?
20 of 31 5 June 21, 2005 Item # ~
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ISSUE POTENTIALLY POTENTIALLY LESS THAN NO
SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT
IMPACT UNLESS IMPACT
MITIGATION
INCORPORATION
c. Be located on a geologic unit or
soil that is unstable, or that would
become unstable as a result of
the project, and potentially result X
in on or off site landslide, lateral
spreading, subsidence,
liauefaction or collaose?
d. Be located on expansive soil, as
defined in Table 18-1-B of the
Uniform Building Code (1994), X
creating substantial risk to life or
orooertv?
e. Have soils incapable of
adequately supporting the use of
septic tanks or alternative X
wastewater disposal systems
where sewers are not available
for the disoosal of wastewater?
VI I. HAZARDS AND HAZARDOUS
MATERIALS. Would the oroiect:
a. Create a significant hazard to the
public or the environment through X
the routine transport, use, or
disoosal of hazardous materials?
b. Create a significant hazard to the
public or the environment through
reasonably foreseeable upset and X
accident conditions involving the
release of hazardous materials
into the environment?
c. Emit hazardous emissions or
handle hazardous or acutely
hazardous materials, X
substances, or waste within one-
quarter mile of an existing or
orooosed school?
d. Be located on a site which is
included on a list of hazardous
materials sites compiled pursuant
to Government Code Section X
65962.5 and, as a result, would it
create a significant hazard to the
oublic or the environment?
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ISSUE POTENTIALLY POTENTIALLY LESS THAN NO
SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT
IMPACT UNLESS IMPACT
MITIGATION
INCORPORATION
e. For a project located within an
airport land use plan or, where
such a plan has not been
adopted, within miles of a public X
airport or public use airport, would
the project result in a safety
hazard for people residing or
workina within the oroiect area?
f. For a project in the vicinity of a
private airstrip, would the project
result in a safety hazard for X
people residing or working in the
oroiect area?
g. Impair implementation of, or
physically interfere with, an
adopted emergency response X
plan or emergency evacuation
olan?
h. Expose people or structures to a
significant risk of loss, injury or
death involving wildland fires
including where wildlands are X
adjacent to urbanized areas or
where residences are intermixed
with wildlands?
VII I. HYDROLOGY AND WATER
QUALITY. Would the oroiect
a. Result in an increase in pollutant
discharge to receiving waters?
Consider water quality parameters
such as temperature, dissolved
oxygen, turbidity and other typical
storm water pollutants (e.g. heavy X
metals, pathogens, petroleum
derivatives, synthetic organics,
sediment, nutrients, oxygen-'
demanding substances, and
trash).
b. Result in significant alteration of
receiving water quality during or X
followina construction?
c. Result in increased impervious
surfaces and associated X
increased runoff?
22 of 31 7 June 21, 2005 Item # .1
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ISSUE POTENTIALLY POTENTIALLY LESS THAN NO
SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT
IMPACT UNLESS IMPACT
MITIGATION
INCORPORATION
d. Create a significant adverse
environmental impact to drainage X
patterns due to changes in runoff
flow rates or volumes?
e. Substantially deplete
groundwater supplies or interfere
substantially with groundwater
recharge such that there would
be a net deficit in aquifer volume
or a lowering of the local
groundwater table lever X
(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 aranted.
f. Result in increased erosion X
downstream?
g. Project tributary to an already
impaired water body as listed on
the Clean Water Act Section
303(d) list? If so, can it result in an X
increase in any pollutant for which
the water body is already
impaired?
h. Is the project tributary to other
environmentally sensitive areas? X
Is so, can it exacerbate already
sensitive conditions?
i. Have a potentially significant
environmental impact on surface X
water quality, to either marine,
fresh, or wetland waters?
j. Have a potentially significant
adverse impact on ground water X
Quality?
k. Cause or contribute to an
exceedance of applicable surface
or groundwater receiving water X
quality objectives or degradation
of beneficial uses?
I. Impact aquatic, wetland, or X
riparian habitat?
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m. Create or contribute runoff water
which would exceed the capacity
of existing or planned stormwater X
drainage systems or provide
substantial additional sources of
oollute runoff?
n. Place housing within a 100-year
flood hazard area as mapped on
a Federal Flood Hazard boundary X
or Flood Insurance Rate Map or
other flood hazard delineation
mao?
o. Place within a 1 OO-year flood
hazard area structures which X
would impede or redirect flood
flows?
p. Exposing people or structures to
a significant risk of loss, injury or
death involving flooding, including X
flooding as a result of the failure of
a levee or dam?
q. Cause inundation by seiche, X
tsunami, or mudflow?
IX. LAND USE AND PLANNING.
Would the oroiect:
a. Physically divide an established X
communitv?
b. Conflict with 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, X
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 or X
natural community conservation
olan.
X. MINERAL RESOURCES.
Would the oroiect:
a. Result in the loss of availability of
a known mineral resource that
would be of future value to the X
region and the residents of the
State?
b. Result in the loss of availability of
a locally-important mineral
resource recovery site X
delineated on a local general
plan, specific plan or other land
use olan?
24 of 31 9 June 21, 2005 Item # ~
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EIS and Checklist GPAlZOA 05-03
ISSUE POTENTIALLY POTENTIALLY LESS THAN NO
SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT
IMPACT UNLESS IMPACT
MITIGATION
INCORPORATION
XI. NOISE. Would the project result
in:
a. Exposure of persons to, or
generation of, noise levels in
excess of standards established X
in the local general plan or noise
ordinance, or applicable
standards of other anencies?
b. Exposure of persons to, or
generation of excessive X
ground borne vibration or
around borne noise levels?
c. A substantial permanent increase
in ambient noise levels in the X
project vicinity above levels
existinn without the oroiect?
d. A substantial temporary or
periodic increase in ambient
noise levels in the project vicinity X
above levels existing without the
nroiect?
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 X
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 X
working in the project area to
excessive noise levels?
XII. POPULATION AND HOUSING.
Would the nroiect:
a. Induce substantial growth in an
area either directly (for example,
by proposing new homes and X
businesses) or indirectly (for
example, through extension of
roads or other infrastructure)?
b. Displace substantial numbers of
existing housing, necessitating X
the construction of replacement
housina elsewhere?
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ISSUE POTENTIALLY POTENTIALLY LESS THAN NO
SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT
IMPACT UNLESS IMPACT
MITIGATION
INCORPORATION
c. Displace substantial numbers of
people, necessitating the X
construction of replacement
housing elsewhere?
XIII.PUBLlC SERVICES. Would the
proiect:
a. Result in substantial adverse
physical impacts associated with
the provision of new or physically
altered governmental facilities,
need for new or physically altered
governmental facilities, the X
construction of which could cause
significant environmental impacts,
in order to maintain acceptable
service ratios, response times or
other performance objectives for
any of the public services.
i. Fire protection? X
ii. Police protection? X
iii. Schools? X
iv. Parks? X
v. Other public facilities? X
XIV.RECREA TION
a. Would the project increase the
use of existing neighborhood and
regional parks or other
recreational facilities such that X
substantial physical deterioration
of the facility would occur or be
accelerated?
b. Does the project include
recreational facilities or require the
construction or expansion of X
recreational facilities which might
have an adverse physical effect
on the environment?
XV. TRANSPORTATION
/TRAFFIC/ Would the oroiect:
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 X
substantial increase in either the
number of vehicle trips, the volume
to capacity ratio on roads, or
congestion at intersections)?
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ISSUE POTENTIALLY POTENTIALLY LESS THAN NO
SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT
IMPACT UNLESS IMPACT
MITIGATION
INCORPORATION
b. Exceed, either individually or
cumulatively, a level of service
standard established by the county X
congestion management agency
for desinnated roads or hiohwavs?
c. Result in a change in air traffic
patterns, including either an
increase in traffic levels or a X
change in location that results in
substantial safetv risks?
d. Substantially increase hazards
due to a design feature (e.g.,
sharp curves or dangerous X
intersections) or incompatible
uses le.a., farm eauiomentl?
e. Result in inadequate emergency X
access?
f. Result in inadequate parking X
caoacitv?
g. Conflict with adopted policies,
plans, or programs supporting X
alternative transportation (e.g.,
bus turnouts, bicvcle racks)?
XVI. UTILITIES AND SERVICE
SYSTEMS. Would the oroiect:
a. Exceed wastewater treatment
requirements of the applicable X
Regional Water Quality Control
Board?
b. Require or result in the
construction of new water or
wastewater treatment facilities
or expansion of existing X
facilities, the construction of
which could cause significant
environmental effects?
c. Require or result in the
construction of new stormwater
drainage facilities or expansion of X
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 X
resources, or are new or
expanded entitlements needed?
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ISSUE POTENTIALLY POTENTIALLY LESS THAN NO
SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT
IMPACT UNLESS IMPACT
MITIGATION
INCORPORATION
e. Result in the determination by the
wastewater treatment provider,
which serves or may serve the
project that it has adequate X
capacity to serve project's
projected demand in addition to
the provider's existing
commitments?
f. Be served be a landfill with
sufficient permitted capacity to X
accommodate the project's solid
waste disDosal needs?
g. Comply with federal, site and
local statutes and regulations X
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 X
eliminate a plant or animal
community, reduce the number or
restrict the range of a rare or
endangered plant or animal, or
eliminated important examples or
the major periods of California
history or prehistory?
b. Does the project have impacts that
are individually limited, but
cumulatively considerable?
("Cumulatively considerable"
means that the incremental effects X
of a project are considerable when
viewed in connection with the
effects of past projects, the effects
of other current projects, and the
effect of probably future projects)?
c. Does the project have
environmental effects, which
will cause substantial adverse X
effects on human beings,
either directly or indirectly.
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D. DISCUSSION OF ENVIRONMENTAL EVALUATION
Please refer to the Environmental Initial Study Checklist Form above when reading the
following evaluation.
I. AESTHETICS: The proposed General Plan and ordinance amendments propose only
text amendments will not cause any direct visual or aesthetic impacts. Compliance with
the new 20% road and driveway slope standards may require additional grading. The
additional grading could result in potential visual impacts. City ordinances, however,
require that cut and fill slopes be landscaped. Landscaping of the cut and fill slopes will
reduce potential visual impacts to a level of insignificance. As none of the
aforementioned applications propose any site-specific improvements, no visual impacts
are anticipated. Individual development projects resulting from the proposed
amendments will require separate development applications and environmental
analysis.
II. AGRICULTURAL RESOURCES: As there are no agricultural resources located within
the project area, there will be no impacts to any agricultural resource.
III. AIR QUALITY: As the project proposes only text amendments to the General Plan and
Poway Municipal they will not violate any air quality standard or contribute to an existing
air quality problem.
IV. BIOLOGICAL RESOURCES: As the amendment proposes only to modify the text of the
General Plan and Poway Municipal Code no biological resources will be impacted. The
proposed ordinance amendments to reduce road and driveway grades from 25% to 20%
may result in additional grading, that will in turn, could potentially result in the loss of
additional habitat. Mitigation for the loss of native habitat should reduce the impacts to a
level of insignificance. Individual development projects resulting from the proposed
amendments will require separate development applications and environmental
analysis.
V. CULTURAL RESOURCES: As the amendments to the General Plan and Poway
Municipal Code do not propose site-specific development applications, no impacts to
any cultural resource will occur. Depending on the site, subsequent development
applications may require an historic or archeological survey as a condition of approval.
VI. GEOLOGY AND SOILS: There is no construction proposed with the amendments to the
General Plan and Poway Municipal Code, so there will be no affect on geology or soils.
A soils report and grading plan will be required in association with subsequent
development applications.
VII. HAZARDS AND HAZARDOUS MATERIALS: There is no construction proposed with
the amendments to the General Plan and Poway Municipal Code. As such, the
proposed project will not create a significant hazard, or expose people or structures to a
significant risk or loss.
29 of 31 14 June 21, 2005 Item # ~
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VIII. HYDROLOGY AND WATER QUALITY: As the project requests only text amendments
to the General Plan and Poway Municipal Code, it will not expose people or structures to
a significant risk of loss or injury due to flooding, cause changes in drainage patterns or
flow rates, or interfere with groundwater recharge or supplies. As such, mitigation is not
required.
IX. LAND USE AND PLANNING: The proposed General Plan and Poway Municipal Code
Amendments are intended primarily to improve emergency service access to hillside
development by reducing road and driveway slopes from 25% to 20 %. The companion
amendment address grading issues associated with the reduction in the road grades. As
the project requests only text amendments to the General Plan and Poway Municipal
Code and proposes no site specific development project, the proposed amendments will
not conflict with applicable land use plan, policy or regulation.
X. MINERAL RESOURCES: There are no known mineral resources within the project
area. As the project proposes to change land uses, reduce the width of a segment of
Midland Road, and the text of the General Plan and Poway Municipal Code, no impacts
to any mineral resource are anticipated.
XI. NOISE: As the project does not propose any site-specific development and requests
only to amend the text of the General Plan and Poway Municipal Code, it will not expose
people to noise levels in excess of standards established in the General Plan or noise
ordinance.
XII. POPULATION AND HOUSING: As the project does not propose any site-specific
development and requests only to amend the text of the General Plan and Poway
Municipal Code there will be no impacts on population or the need for additional
housing.
XIII. PUBLIC SERVICES: The text amendments to the Poway General Plan and poway
Municipal Code will not result in any significant increase in demand on public services
as police and fire already service the project area.
XIV. RECREATION: There are no site-specific construction projects proposed with the
amendments to the General Plan and Poway Municipal Code. As such, the proposed
project will not impact any recreational resource.
XV. TRANSPORTATION AND TRAFFIC: As the project does not propose any site-specific
development and requests only to amend the text of the General Plan and Poway
Municipal Code there will be no impacts on traffic volumes or circulation routes.
XVI. UTILITIES AND SERVICE SYSTEMS: There are no site-specific construction projects
proposed with the amendments to the General Plan and Poway Municipal Code. As
such, the proposed project will not impact any utility system or create a demand for
additional service.
XVII. MANDATORY FINDING OF SIGNIFICANCE: The proposed Poway Municipal Code
amendments call for the reducing in the maximum road and driveway slopes in the City
from 25% to 20%. The General Plan Amendment addresses the additional grading that
may be required to achieve the 20% grade by not counting the additional grading
30 of 31 15 June 21, 2005 Item # ':L
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against the maximum graded area currently permitted by the General Plan. The
proposed ordinance amendments to reduce road and driveway grades from 25% to 20%
may result in additional grading, that will in turn, could potentially result in the loss of
additional habitat. Mitigation will be required for any additional the loss of native habitat.
This requirement should reduce the impacts to a level of insignificance.
31 of 31 16 June 21, 2005 Item # ')..
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