Res P-00-98RESOLUTION NO. P- 00-98
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 99-16
ASSESSOR'S PARCEL NUMBER 317-490-46
WHEREAS, Conditional Use Permit 99-16, submitted by the City of Poway, requests
approval for the Kumeyaay-lpai Interpretive Center of Pauwai Master Plan, long and short
term goals, and construction of the proposed imp located on a 2.86
the southern I :Silver Lake Ddve in the Open Space-Resource Management (OS-
RM) zone; and
WHEREAS, on December 19, 2000, the City Council held a duly advertised public
hearing to obtain testimony both pro and con on the above described item.
WHEREAS, pursuant to G l Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or otb described in this Resolution begins on the effective date of
this Resolution and any such protest must be in a manner that complies with Section
66020.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: E la
The City Council finds that this project will not have a significant adverse impact on
th : and hereby issues a Mitigated Negative D
Section 2: Fin
Conditional Use Permit 99-16
The proposed project is consistent with the General Plan in that historical
landmarks and interpretive centers are permitted in the Open Space-
Resource Management zone with the approval of a Conditional Use Permit.
That the location, size, design, and operating ch =the proposed
use will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings, structures, or natural
in that the design and the type of facilities have been modified
that will ' ' y potential impacts on the surrounding land uses.
Resolution No. P- 00-98
Page 2
Th bulk, coverage and density ~ adi
in that the proposed pre-historical landmark/interp
transitional use bet~ and residential land uses.
That there are available public facilities, services and utilities to serve the
proposed use as publ :1 street 3la to the site.
That there will not be a harmful effect upon desirable neighborhood
ch that the proposed park was designed with direct input from
local archeologists and rep from the San Pasqual Band of
Diegueno Mission Indians.
That the ~ ~traffic will not adversely impact the surrounding streets
and/or the City's Circulation Element in that on-street parking is available on
Silver Lake Drive and additional on-site parking is anticipated with later
phases of the project.
That the site is suitable for the type and intensity of use and development
proposed in that the project proposes primarily a trail system that will link
ramadas and other on-site prehistoric and cultural Most of the
site will remain undeveloped and . buffer to adjoining residential
areas.
That there will not be a significant harmful effect upon the Iai
quality and natural in that the site plan has been designed to
preserve th tural :1 enhance native plant
That th :h
mitigated.
l impacts of the proposed use that cannot be
10.
That the impacts, as described above and the location of the proposed
prehistoric landmarldinterp I not adversely affect the City of
Poway General Plan for fu! I as present development, in that the
General Plan designates historic and cultural landmarldinterp Iers
as one of the conditional uses permitted in the Open Space-Resource
Management zone.
Section 3: (: uncil Decision:
The City Council hereby approves Conditional Use Permit 99-16 subject to the
following conditions:
Resolution No. P- 00-98
Page 3
The use conditionally granted by this permit shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
residential and uses.
Access by the public to the site, at this time, must be under the supervision of a
designated representative ofthe City. The hours of operation ofthe Kumeyaay-lpai
interpretive Center of Pauwai shall be shall be no eadier or later than f
to sunset. Modifications of these hours will be considered for special events.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES.
SITE DEVELOPMENT
Site shall be developed in accordance with the approved master site plan on file in
the Development Services Department and the condir :1 herein.
Revised site plans and i' iing all conditions of approval
shall be submitted to the Development Services Department prior to the
construction of the improvement.
Approval of this request shall not 31iance with all sections of the Zoning
Ordinance and all other applicable City Ordinances in effect at the time of permit
issuance.
4. Prior to any use of the project site or b ~y being :1 thereon,
all conditions of approval contained herein shall be completed to the sal :
the Director of Development Services.
The applicant shall comply with the latest adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire
Code, City of Poway Landscape Guidelines, and all other applicable codes and
ord' fect in association with 3rovement.
6. Any security light fixtures shall
Iow p
Jium vapor light source.
RESOURCE PRESERVATION
All weeds and brush should be removed, as indicated in the Master Plan, with a
whip-type weedeater and not a hoe. Dense or dead brush should not be pulled up
to remove th this would disturb the midden. Instead, large growth should
be cut at the ground level and only the upper portion removed.
Resolution No, P- 00-98
Page 4
Trails shall be located and constructed so as to avoid, if possible, any identified
cultural If avoidance is not feasible, trails shall be located and
:1 so as to minimize the disturbance of any cultural resource. If a
decomposed granite base :erial is used for the interpretative trail, a
semi-permeable woven fabric will be required to prevent compaction of the midden
material and th f the soils.
On trails sections with angled cross slopes, support wood should be placed on the
Iow side of the trail to support the material on the trail and to prevent the continued
pushing of th down slope.
Care should be taken not1
not to disturb rock
'ts larger than eight inches in d'
features that may be present.
5. No unauthorized collecting of artifacts shall be permitted.
Any items of Native A '~lin found on the site shall be treated in accordance
with the Cooperative Site Development Agreement between the City of Poway and
the San Pasqual Band of Diegueno Mission Indians of California, approved
contemporaneously and incorporated into this Resolution.
No tractors or other tracked or wheeled vehicles should be allowed on the
archeological site. Wheelb ! be used.
All trash and charred wood should be removed as completely as possible, as
carbon material will eventually ruin the radiocarbon record of the site.
LANDSCAPEIMPROVEMENTS
All landscaped areas shall b :1 in a healthy and thriving condition, free
from weeds, trash, and debris. The trees shall b ;~ed and allowed to retain
a natural form. Pruning should be restricted t' the health of the trees and
to protect the public safety, Unnatural pruning, including topping, is not
permitted.
SIGNS
10. Any signs proposed for this development shall be designed and approved in
:h the Sign Ordinance.
COOP
OF
: : :' ~MENT
' MISSION OF INDIANS
Resolution No. P-00-98
Page 5
WITH THE SAN PASQUAL BAND
11.
The City Council hereby enters into the attached "Cooperative Site Development
Agreement" with the San Pasqual Band Indians of C :1 incorporates that
Agreement into this Resolution.
MASTER PLAN GOALS
The development of the site should be phased and developed per the goals established for
the project.
Short Term Goals:
Recruit ' :eer archeologist
Recruit to work at the Kumeyaay-lpai Interpretive Center at Pauwai
Design and construct a Kumeyaay House
Construct and install ramadas as shad
Meet with local Indian authorities to determine their iht Ih the site
Install a waterline
P :1 re-vegetate native plants in various locations on the site
Work with I l authorities to provide additional security at the site
Mid Term Goals:
Review the potential of acquiring the culturally and prehistorically significant
property adjacent to the site
Continue with the re-vegetation of the site
Develop a cultural master plan to be integrated with the site and interpretative
center plan
Lon 1 Goals:
Develop a Kumeyaay-lpai Interpretive Center at Pauwai Committee with nonprofit
status
Locate funding sources for a future interpretative center
Acquire additional property and construct the interpretative center
Resolution No. P-00-98
Page 6
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 19th day of December 2000
ATTEST:
Michael P. Caf~
yor
Ldd Anne Peoples, City'Clerk
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. 00-98 , was duly adopted by the
City Council at a meeting of said City Council held on the 19th day of December 2000, and
that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~o~'n n~e pe~c pies, Cily~Cle~
City of Poway