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Res P-17-23 RESOLUTION NO. P-17-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE POWAY ROAD SPECIFIC PLAN WHEREAS, in 2014 the City began conducting a study of the Poway Road corridor and prepared a new Poway Road Specific Plan to guide the long-term growth and development of the Poway Road planning area; WHEREAS, the new Poway Road Specific Plan contains definitions, a land use plan, development standards and design guidelines that communicate the City’s vision for the planning area and sets the policy framework to guide development; WHEREAS, the new Poway Road Specific Plan requires that the City also amend the City’s General Plan Land Use and Zoning Map, as well as Title 17 Zoning of the Poway Municipal Code; WHEREAS, in March 2017 an Initial Study was completed for the Poway Road Specific Plan and it was determined that an Environmental Impact Report (EIR) would be prepared; WHEREAS, impacts analyzed in the EIR include air quality, biological resources, cultural resources, greenhouse gas emissions, hazards & hazardous materials, hydrology & water quality, land use & planning, noise, population & housing, transportation & traffic, and utilities & service systems; WHEREAS, a Notice of Preparation was filed on March 13, 2017; WHEREAS, the Draft Environmental Impact Report (DEIR) was made available for public comments from August 25th through October 11th, 2017; WHEREAS, the City has prepared responses to the comments received on the DEIR which have been incorporated into the Final EIR; and WHEREAS, on December 5, 2017, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this matter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The City Council hereby finds that the above recitals are true and correct and are incorporated herein by this reference. Resolution No. P-17-23 Page 2 Section 2: The City Council hereby makes the following findings: 1) The proposed Specific Plan is consistent with applicable land use plans and policies contained in the City’s General Plan. 2) That implementation of the proposed Specific Plan will not result in significant unmitigable environmental impacts. 3) To ensure that potential environmental impacts identified in the environmental assessment are mitigated to less than significant the City Council hereby adopts the Mitigation Monitoring and Reporting Program (MMRP) contained in the Final EIR. 4) That the mitigation measures contained in the MMRP shall be incorporated on all projects, when applicable, as conditions of approval within the Poway Road corridor. Section 3: Section 15093 of the State CEQA Guidelines requires that if the project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts. Section 4: Environmental impacts identified in the Final EIR as potentially significant, but can be reduced to less than significant levels with mitigation, are described in Table 2-5 of the Final EIR and are incorporated herein by this reference. Section 5: Environmental impacts identified in the Final EIR as significant and unavoidable despite the imposition of all feasible mitigation measures are further described in Table 2-4 of the Final EIR and are incorporated herein by this reference. Section 6: Alternatives to the Project that might eliminate or reduce significant environmental impacts are discussed in Section 5.0 of the Final EIR. Section 7: The following is a discussion of the Project benefits and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level: 1) The City recognizes that significant and unavoidable cumulative impacts may result from implementation and development of projects within the Poway Road corridor. Having (i) adopted all feasible mitigation measures associated with the Poway Road Specific Plan implementation, (ii) rejected as infeasible certain alternatives to the proposed Specific Plan (as analyzed in the EIR), (iii) recognized all significant, unavoidable impacts, and (iv) balanced the benefits of potential development within the proposed Specific Plan area against significant and unavoidable impacts, the City hereby finds that the benefits outweigh and override the significant unavoidable impacts for the reasons stated below. Resolution No. P-17-23 Page 3 2) The following reasons summarize the benefits, goals and objectives of the proposed Specific Plan, and provide the detailed rationale for the benefits of the proposed Specific Plan. These overriding considerations of economic, social, aesthetic, and environmental benefits justify approval of the proposed Specific Plan. Each of the following overriding considerations separately and independently (i) outweighs the adverse environmental impacts, and (ii) justifies approval of the proposed Specific Plan. In particular, achieving the underlying purpose for the proposed Specific Plan would be sufficient to override the significant environmental impacts. a) The proposed Specific Plan will help facilitate investment and development of vacant and underutilized properties along the Poway Road corridor consistent with strategies contained in the City’s Community Development Element. b) The proposed Specific Plan will enhance the future economic vitality of the City of Poway by creating opportunities for economic growth consistent with strategies contained in the City’s Community Development Element. c) The proposed Specific Plan encourages private investment and will result in job creation and economic stimulus to local businesses and vendors consistent with strategies contained in the City’s Community Development Element. d) The proposed Specific Plan will facilitate better integration of pedestrian and bicycle improvements along the Poway Road corridor consistent with strategies contained in the City’s Transportation Element. e) The proposed Specific Plan encourages improving pedestrian, bicycle and vehicle safety measures including, but not limited to, reducing or minimizing ingress and egress points of new developments consistent with strategies contained in the City’s Transportation Element. f) The proposed Specific Plan establishes land use standards and design guidelines that will encourage a broader range of housing types including mixed use development consistent with strategies contained in the City’s Housing Element. g) The proposed Specific Plan will help achieve the City’s goal to provide adequate, appropriate housing opportunities to meet the needs of current and future residents while promoting opportunities for high quality affordable housing consistent with strategies contained in the City’s Housing Element. h) The proposed Specific Plan encourages development of housing in proximity to public transportation and community services consistent with strategies contained in the City’s Housing Element and SANDAG’s 2050 RTP Sustainable Communities Strategy. CITY OF POWAY poway road specific plan amendment final environmental impact report sch# 2017031035 Lead Agency: City of Poway Consultant to the City: MIG, Inc. November 2017 Resolution No. P-17-23 Page 6 POWAY ROAD SPECIFIC PLAN FINAL ENVIRONMENTAL IMPACT REPORT VOLUME 3 State Clearinghouse No. 2017031035 Lead Agency: City of Poway 13325 Civic Center Drive Poway, CA 92046 November 2017 Resolution No. P-17-23 Page 7 This document is designed for double -sided printing. Resolution No. P-17-23 Page 8 TABLE OF CONTENTS 1 Introduction ................................................................................................................................................................... 1-1 2 Response to Comments ................................................................................................................................................ 2-1 3 Errata ............................................................................................................................................................................ 3-1 4 Public Circulation .......................................................................................................................................................... 4-1 5 Mitigation Monitoring and Reporting Program ............................................................................................................... 5-1 List of Tables Table 1-1 Development Potential ..................................................................................................................................... 1-2 Table 2-1 Draft EIR Comments and Responses .............................................................................................................. 2-1 Table 5-1 Mitigation Monitoring and Reporting Program .................................................................................................. 5-1 Resolution No. P-17-23 Page 9 1.0 INTRODUCTION This Final Environmental Impact Report (FEIR) has been prepared to comply with Sections 15089 and 15132 of the State California Environmental Quality Act (CEQA) Guidelines (Guidelines). As noted in Section 15089 (b) of the Guidelines, the focus of a FEIR should be on responses to comments on the Draft Environmental Impact Report (DEIR). The City has prepared the Final EIR pursuant to the CEQA Guidelines, including Sections 15086 (Consultation Concerning Draft EIR), 15088 (Evaluation of and Responses to Comments), and 15132 (Contents of Final Environmental Impact Report). In conformance with these guidelines, the Final EIR consists of the following volumes: (1)The Draft EIR Volumes 1 and 2, which circulated for a 45-day State agency and public review and comment period beginning on August 25, 2017; and (2)This Final EIR document, which includes a list of all commenters on the Draft EIR during the Draft EIR public review period, the responses of the City to all environmental points raised through the written communications, and revisions to the Draft EIR (presented as errata pages) in response to comments. None of the revisions to the Draft EIR represents a substantial increase in the severity of an identified significant impact or the identification of a new significant impact, mitigation, or alternative considerably different from those already considered in the Draft EIR. Certification of this Final EIR by the Poway City Council must occur prior to approval of the Poway Road Specific Plan. Availability of EIR Materials All materials related to preparation of this EIR are available for public review at the following locations: City of Poway Planning Division 13325 Civic Center Drive Poway, California 92064 San Diego County Library Poway Branch Library 13137 Poway Road Poway, CA 92064 Project Description Refer to Chapter 3.0 Project Description of the Draft EIR for a complete project description. As set forth in Chapter 3.0 Project Description of the Draft EIR, the Poway Road Corridor Specific Plan identifies the long-term vision and objectives for land use development and public improvements along a 2.65-mile portion of Poway Road between Oak Knoll Road and Garden Road. The proposed Specific Plan Amendment would establish new zoning districts and district boundaries, as well as updated site planning, building, parking, architectural, and open space standards and guidelines for development within the project area. The proposed Specific Plan Amendment would provide new development standards and incentives to encourage reuse and reinvestment, particularly with regard to underutilized commercial and vacant properties. Also, the Specific Plan Amendment would provide for public right-of- way improvements to better accommodate pedestrians and bicyclists. The project area encompasses a total of 235 acres and includes land use designations/zoning districts supporting mixed-use, commercial office, general commercial, automotive, town center, and open space uses. To help guide new development within the Specific Plan area, the City has identified eight Opportunity Areas that comprise approximately 174.7 acres of the project area. These are the areas where private reinvestment a nd redevelopment activity are anticipated and encouraged. Within the remaining 60.27 acres, very little new development is anticipated due to the Resolution No. P-17-23 Page 10 fact that existing uses are relatively new or well maintained. Table FEIR-1 (Development Potential) summarizes the estimated development potential within the Specific Plan area. The City estimates that buildout within the Specific Plan boundaries will result in the net new development of 260,000 square feet of commercial development and 1,148 net new dwelling units. These estimates represent a maximum net new development based on an analysis of existing development that is assumed to remain through the life of the Specific Plan. The maximum buildout potential includes consideration of an incentive-based bonus system in specific districts to encourage lot consolidation and provision of community benefits. Qualifying community benefits include public open space, mid-block passageway, public right-of- way improvement fund contribution, creation of a neighborhood restaurant row, public art, and enhanced transportation demand management. Table FEIR-1 Development Potential Opportunity Area Proposed Land Use Designation Area (Acres) Non-Residential SF Dwelling Units Existing Proposed Existing Proposed 1 General General 17.6 162,054 267,600 -- -- 2 Mixed Use 27.1 196,250 82,500 224 541 3 Commercial Office 21.7 239,914 331,400 1 -- 4 Town Center 53.6 491,991 549,400 25 737 5 General Commercial 8.5 117,480 130,200 -- -- 6 Mixed Use 12.8 130,948 136,600 -- 96 7 Mixed Use 9.7 144,056 151,300 -- 24 8 Automotive/ General Commercial 23.7 267,216 361,500 1 -- Subtotal Opportunity Area 174.7 1,749,909 2,010,500 251 1,399 No Change Area 60.27 681,900 681,900 -- -- Total Area 235 2,432,000 2,692,000 251 1,399 Net Development Potential +260,000 +1,148 Town Center The Town Center (TC) district facilitates a distinct Town Center that supports a mix of land uses, with unique shopping, dining, and entertainment uses integrated with housing, civic buildings, cultural uses, and parks and other public spaces. The physical form within this district will consist of higher-intensity vertical and horizontal mixed-use building types that accommodate active storefronts, boutiques, restaurants, cafes, small offices, civic uses, and residential uses. The TC district will permit a maximum by-right height of two stories/35 feet, lot coverage of 60 percent, and residential density of 24 units per acre. The Specific Plan provides for additional height, and density, which are granted to projects that provide lot consolidation and/or additional community benefits. These incentives allow buildings up to three stories/40 feet and 35 units per acre. Mixed Use The Mixed Use (MU) district accommodates residential development types that provide opportunities for home ownership, encourages new retail activity that complements long-established businesses, and introduces new uses that serve surrounding neighborhoods, residents throughout Poway, and visitors to the corridor. Allowed uses include attached and detached residential developments, mixed-use residential/commercial projects, and stand-alone retail, service, office, dining, and recreational commercial businesses. The physical form emphasizes moderate-scale development that has a clear relationship to the street and a mix of residential and commercial uses along the street frontage. The MU zone will permit a maximum by-right height of two stories/35 feet, lot coverage of 55 percent, and residential density of 24 units per acre. The Specific Plan provides for additional height, and density, which are granted Resolution No. P-17-23 Page 11 to projects that provide lot consolidation and/or additional community benefits. These incentives allow buildings up to three stories/40 feet and 35 units per acre. Commercial Office The Commercial Office (CO) district provides an environment for professional office, service, and retail uses where local and national/international businesses can meet the needs of Poway residents, support the local economy, and provide opportunities for jobs growth. Allowed uses include a full range of commercial businesses. The CO district is envisioned to be an employment center where established office and retail space will be enhanced by new infill development and new flexible building spaces will be created to meet business needs and practices, including buildings with large and open layouts that can easily be reconfigured and places where multiple individual companies can co - locate. The physical form consists of lower-intensity office and retail buildings, with opportunities for office over retail. The CO zone will permit a maximum building height of two stories/35 feet and lot coverage of 50 percent. General Commercial The Commercial General (CG) district is strengthens established retail businesses and accommodates a diverse range of specialty shopping, personal service, dining, entertainment, and hotel uses within a business -friendly environment that supports the needs of the local community, visitors, and tourists. The CG district provides opportunities for retail and service businesses to locate in a central commercial environment and to establish incubator space for small, local businesses, including uses that do not require high pedestrian visibility. The physical form respo nds to the need for maximum flexibility to allow buildings and uses to easily transform over time as market demands shift. The CG zone will permit a maximum building height of two stories/35 feet and lot coverage of 50 percent. Automotive/ General Commercial The Automotive/ General Commercial (A/GC) district accommodates a full range of retail, service, and wholesale commercial activities and particularly, auto sales and vehicle service and repair businesses. The A/GC district supports a broad array of more intensive commercial businesses that are separated from residential uses and clearly oriented toward auto-dependent and auto-related uses and customers. While the district serves as a place for clustering auto sales and related activities, technological and market trends over the longer term may lead to the downsizing of space needed to accommodate such uses. Thus, land use regulations provide flexibility for other commercial uses that require larger lots and separation from residential development. The physical form consists of medium to large commercial buildings designed for maximum flexibility and compatibility, along with accommodation of a range of intensive commercial uses. The A/GC zone will permit a maximum building height of two stories/35 feet an d a lot coverage of 40 percent. Resolution No. P-17-23 Page 12 This page is intentionally blank. Resolution No. P-17-23 Page 13 2.0 RESPONSE TO COMMENTS The Draft EIR was circulated for a 45-day public review and comment period beginning August 25, 2017 and ending October 11, 2017. Three pieces of correspondence were received from public agencies during this time period: the Barona Band of Mission Indians, the California Department of Fish and Wildlife (CDFW), and the San Diego Association of Governments (SANDAG). Also, members of the public submitted correspondence during the review period; however, those letters and emails largely addressed the proposed project but did not raise any specific issues regarding the Draft EIR. Only two pieces of correspondence pertaining to the Draft EIR, from Trent Colville and Andrew P. Fichthorn, are included here. Comment letters solely addressing the project will be part of the City’s staff report to the City Council. The correspondence materials listed in Table 2-1 (Draft EIR Comments and Responses) were submitted to the City of Poway concerning the Draft EIR. Copies of letters follow the table. Written responses to comments are provided in Table 2-1 addressing each specific comment. The following responses to comments include a summary statement to identify if the response will introduce “new significant information” under any of the four categories identified in Section 15088 et seq. of the CEQA Guidelines or if it does not introduce “new significant information.” The four general categories are: 1. New significant impacts 2. Substantial increases in the severity of impacts 3. Feasible alternatives or mitigation that would reduce significant impacts 4. Identification of inadequacies in the analysis Table 2-1 Draft EIR Comments and Responses Comment Response A, Barona Band of Mission Indians Comments A1. AB 52: I recently received from you a copy of the Notice of Availability of the draft EIR for the above project, plus a disc with the draft EIR. You sent it to me in my capacity as Tribal Attorney and contact person for the Barona Band of Mission Indians for AB 52 consultations. The Notice is not framed in terms of AB 52 notice, but I will treat it as such notice. Because of a couple issues, the Barona Band does wish AB 52 consultation on this project. Please let me know how you wish to proceed. A1. The City of Poway sent notice to the Barona Band of Mission Indians during the required AB 52 consultation period in conformance with the law. They City did not receive any written response from the Barona Band during the 30-day notification period, which was extended until May 3, 2017; Hence, the City closed AB 52 consultations for this project as specified under CEQA regulations. The Specific Plan area has a high sensitivity level for archaeological resources, as noted in Section 4.3 (Cultural Resources and Tribal Cultural Resources) of the Draft EIR. However, because the project does not include any building activity, the Draft EIR did not identify any impact to such resources. However, because the project could facilitate development on properties that might have uncovered resources, mitigation measures CULT-3 through CULT-7 are included to provide for archaeological resource monitoring during grading activities and proper coordination with Native American Tribes. The Barona Band will be notified of any subsequent construction projects as required by law. Resolution No. P-17-23 Page 14 Table 2-1 Draft EIR Comments and Responses Comment Response This response does not identify new significant impacts, substantially increase the severity of impacts, identify new feasible alternatives that would reduce significant impacts, nor identify inadequacies in the analysis. B.California Department of Fish and Wildlife B1. The proposed project is located in close proximity to the South Poway Cornerstone, which the City's HCP/NCCP Plan identifies as an important local and regional wildlife movement corridor (Figure 2- 1, p. 2-11). At the time of HCP/NCCP Plan adoption, the South Poway Cornerstone supported over 300 acres of coastal sage scrub occupied by the federally threatened coastal California gnatcatcher (Polioptila califomica californica; gnatcatcher), 32 acres of native grassland, and a mosaic of other sensitive and non-sensitive native habitats (Section 5.2.4, p. 5- 21). CDFW is concerned that the projected addition of approximately 3,456 permanent residents and 360 employees to the project area may increase recreational pressure on the natural resources conserved within the South Poway Cornerstone and reduce its functionality as an important wildlife movement corridor. B1. In the Initial Study, the City determined that the increased population resulting from the project would not place pressures on recreational resources. As stated on page 43 of the Initial Study, “Poway has a well-developed park and trails system. The proposed Specific Plan amendment includes development incentives that are anticipated to result in the provision of both public and private recreation spaces along the corridor. Also, future residential development within the planning area would be subject to Municipal Code Chapter 16.38 (Parkland Dedication Procedure) requiring the dedication of parkland or the payment of fees for parks and recreational facilities. In addition, the proposed plan calls for a new trail connection between Hilleary Park and Community Park. The design features of the proposed Specific Plan, coupled with the development impact fee requirements of the Municipal Code, would compensate for the incremental increase in need for parks and recreation facilities associated with new residential development.” The City does not anticipate increased recreational pressures on the South Poway Cornerstone for the reasons cited above. Furthermore, additional support for preservation of existing sensitive resources within the project area—particularly the creek- —is identified in mitigation measure BIO-5 on page 4.2-25 of the Poway Road Specific Plan Draft EIR. This response does not identify new significant impacts, substantially increase the severity of impacts, identify new feasible alternatives that would reduce significant impacts, nor identify inadequacies in the analysis. Resolution No. P-17-23 Page 15 Table 2-1 Draft EIR Comments and Responses Comment Response B2. Currently, the project provides height and density incentives for developers that include public open space as part of their projects. In addition, the Initial Study references Poway Municipal Code Chapter 16.38 as compensation for the additional park needs that would result from the increased residential densities. This Code section requires dedication of parkland or the payment of fees for parks and recreational facilities; however, there is no indication that a portion of this fund will be allocated to Open Space management. While CDFW agrees that the incentives and development fee may provide some recreation space for the additional residents and alleviate some of the recreation pressure on neighboring open space, there is still potential for increased recreational use in these areas. Recent work has shown that public use of conserved open space is increasing throughout the South Coast Region. For example, a 2015 study examining recreational use at seven City of San Diego Open Space Preserve areas showed that estimated use is greater than 400,000 visitors per year, with over 300,000 of these visits occurring at a single site (Strahm and Deutschman 2015). When presented more recently at the August 2017 Multiple Species Conservation Program Workshop, these numbers were even higher, reflecting the growing popularity of open space recreation in the region. We recognize that use of the South Poway Cornerstone may never approach use levels within City of San Diego Open Space Preserve areas; however, similar upward trends should be expected for this area. When we consider the adverse effects passive recreation can have on resident wildlife species (Patten et al. 2017; SANDAG 2015; Davis et al. 2010), it is apparent that the potential increase in visitor use associated with project buildout combined with general increased use of open space in the region may impact the Cornerstone. B2. Please refer to response B.1 above. The City believes that provision of open space and trail amenities within the Specific Plan area will meet residents’ active and passive recreational needs. The City’s HCP/NCCP includes very specific policy directives and actions for protection of both Cornerstone and non-Cornerstone lands. Management actions include monitoring recreational uses and ensuring such activities are “consistent with biological reserve goals” and are “consistent with the protection and enhancement of biological resources.” (Poway Subarea Habitat Conservation Plan/Natural Community Conservation Plan, p. 6-29, p. 6-31) Continued implementation of HCP/NCCP directives will protect the resources. Also, the City collects impact mitigation fees. Up to 10 percent of the funds collected can be used for management and monitoring of the HCP; the balance is used for acquisition of additional lands for conservation. This response does not identify new significant impacts, substantially increase the severity of impacts, identify new feasible alternatives that would reduce significant impacts, nor identify inadequacies in the analysis. Resolution No. P-17-23 Page 16 Table 2-1 Draft EIR Comments and Responses Comment Response B3. CDFW recommends the City consider drafting and implementing a recreation management and monitoring program for the South Poway Cornerstone lands. The City has been in early discussions with CDFW and the U.S. Fish and Wildlife Service regarding the development of a Resource Management Plan(s) for conserved lands within the HCP/NCCP Plan area. The recommended South Poway Cornerstone management and monitoring program would be an important component of the management plan(s) that result from these discussions. Its inclusion would allow the City to establish baseline recreation levels within the Cornerstone prior to Specific Plan buildout. This would facilitate adaptive management of these lands in the event increased recreational pressures result in sensitive habitat degradation or reduce function of the Cornerstone as a wildlife movement corridor. B3. Please see response B2 above. The City welcomes any additional recommendations/resources CDFW may offer to protect and preserve resources. This response does not identify new significant impacts, substantially increase the severity of impacts, identify new feasible alternatives that would reduce significant impacts, nor identify inadequacies in the analysis. C.San Diego Association of Governments Comments C1. Throughout the document, please replace any reference to the Regional Transportation Plan (RTP) with “San Diego Forward: The Regional Plan”. This is the most recent Regional Plan, adopted on October 9, 2015. C1. The Errata section of the Final EIR will show this change of naming from the Regional Transportation Plan (RTP) to the “San Diego Forward: The Regional Plan.” This response does not identify new significant impacts, substantially increase the severity of impacts, identify new feasible alternatives that would reduce significant impacts, nor identify inadequacies in the analysis. C2. Similarly, SANDAG requests that the reference to SANDAG’s Regional Comprehensive Plan (RCP) on page 4.9-2 of the document be replaced with a reference to SANDAG’s TransNet Smart Growth Incentive Program. C2. The Errata section of the Final EIR will show this change of naming from the SANDAG’s Regional Comprehensive Plan (RCP) to SANDAG’s TransNet Smart Growth Incentive Program. This response does not identify new significant impacts, substantially increase the severity of impacts, identify new feasible alternatives that would reduce significant impacts, nor identify inadequacies in the analysis. D.Mr. Trent Colville D1. Please consider the impact on traffic and schools as hundreds of new families move to the City in the Country. As a 40-year resident that grew up here and decided to return to raise my own family here, I am concerned that this overcrowding would be detrimental to our city. D1. Please refer to Chapter 4.10 (Transportation and Traffic) of the Draft EIR. The City thoroughly examined traffic impacts of the proposed project and determined that with the addition of new trips to the roadway system and incorporation of specific improvements included in the Specific Plan, the pedestrian, bicycle, transit, and vehicular facilities would operate at acceptable levels of service (LOS). With regard to intersection operations, which generally is of most concern to motorists, that standard in Poway is LOS D. Resolution No. P-17-23 Page 17 Table 2-1 Draft EIR Comments and Responses Comment Response Regarding potential impacts on schools, as concluded in the Initial Study analysis, the required payment of school mitigation fees will offset any impacts on school facilities, as specified by the Leroy F. Green School Facilities Act. (Initial Study, p. 42) This response does not identify new significant impacts, substantially increase the severity of impacts, identify new feasible alternatives that would reduce significant impacts, nor identify inadequacies in the analysis. E.Mr. Andrew P. Fichthorn E1. There is already too much congestion on Poway Road. Trying to drive down Poway Road means sitting, sitting and more sitting at red lights. E1. Please see response to D1 above regarding traffic impacts. This response does not identify new significant impacts, substantially increase the severity of impacts, identify new feasible alternatives that would reduce significant impacts, nor identify inadequacies in the analysis. Resolution No. P-17-23 Page 18 COMMENT A – BARONA BAND OF MISSION INDIANS– (BRUCE) Resolution No. P-17-23 Page 19 COMMENT B – STATE OF CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE – (SEVRENS) Resolution No. P-17-23 Page 20 Resolution No. P-17-23 Page 21 Resolution No. P-17-23 Page 22 COMMENT C – SAN DIEGO ASSOCIATION OF GOVERNMENTS– (HENTRICH) Resolution No. P-17-23 Page 23 COMMENT D – CITY OF POWAY RESIDENT– (COLVILLE) Resolution No. P-17-23 Page 24 COMMENT E – CITY OF POWAY RESIDENT– (FICHTHORN) Resolution No. P-17-23 Page 25 3.0 ERRATA This section identifies revisions to the Poway Road Draft EIR to incorporate clarifications prepared in response to comments on the Poway Road Draft EIR or minor errors corrected through subsequent review. Additions are showing in underline. Deletions are shown in strikethrough. None of the revisions below to the Draft EIR represents a substantial increase in the severity of an identified significant impact or the identification of a new significant impact, mitigation, or alternative considerably different from those already considered in the Draft EIR. Draft EIR Volume I – Section 4.9: Population and Housing The following revisions are made to Section 4.9 (Population and Housing) page 4-9-2, first paragraph: The proposed Specific Plan would provide housing development capacity that would increase residential growth potential beyond accounted for in current regional plans and the current Specific Plan; however, the growth would occur within an area that SANDAG’s Regional Comprehensive Plan TransNet Smart Growth Incentive Program has designated as a Smart Growth Town Center. Thus, growth would occur consistent with regional growth policies. The Specific Plan would not indirectly induce population by extending infrastructure into area that is not currently served. Impact would be less than significant. Draft EIR Volume I – Section 4.10: Transportation The following revisions are made to Section 4.10 (Transportation) page 4-10-6, second paragraph: • State Proposition 111, passed by voters in 1990, established a requirement that urbanized areas prepare and regularly update a Congestion Management Program (CMP), which is a party of the San Diego Association of Government’s (SANDAG) Regional Transportation Plan (RTP) San Diego Forward: The Regional Plan. The following revisions are made to Section 4.10 (Transportation) page 4-10-6, third paragraph: • SANDAG has been abiding by the federal requirement to ensure the region’s continued compliance with the federal congestion management by incorporating the federal congestion management process in the 2050 Regional Transportation Plan (RTP) San Diego Forward: The Regional Plan. The RTP San Diego Forward: The Regional Plan is the long-range transportation plan for the San Diego region and includes a variety of strategies to enhance regional transportation systems management, as well as new techniques related to both improving performance monitoring and information and services to regional transportation systems users. The Errata section of the Final EIR will show this change of naming from the Regional Transportation Plan (RTP) to the “San Diego Forward: The Regional Plan.” Resolution No. P-17-23 Page 26 This page is intentionally blank. Resolution No. P-17-23 Page 27 4.0 PUBLIC CIRCULATION NOTICE OF AVAILABILITY AND DISTRIBUTION The Notice of Availability (NOA) was distributed to all agencies on the standard notification list maintained by the City of Poway Development of Development Services, Planning Division via Certified Mail (see below) and was posted to the Chieftain Publication Newspaper Group. The NOA and Notice of Completion (NOC) were sent to the State Clearinghouse for distribution to State agencies. STANDARD NOTIFICATION MAILING LIST Agency Contact Name Address City State Zip Code State of California Department of Fish and Game 4949 View Ridge Avenue San Diego CA 92123 San Diego Metropolitan Transit System Denis Desmond, Planning Manager 1255 Imperial Avenue San Diego CA 92101 City of San Diego Development Services Department 1222 First Avenue, MS 501 San Diego CA 92101-4154 SANDAG Gary Gallegos 401 B Street, Suite 800 San Diego CA 92101 State of California Department of Transportation, District 11 4050 Taylor Street San Diego CA 92110 Regional Water Quality Control Board Region 9 9174 Sky Park Court, Suite 100 San Diego CA 92123 City of San Diego Planning Department 202 C Street, MS4A San Diego CA 90101 San Diego Air Pollution Control District 10124 Old Grove Road San Diego CA 92131 U.S. Fish and Wildlife Service 6010 Hidden Valley Road Carlsbad CA 92011 County of San Diego Department of Planning and Land Use 5201 Ruffin Road, Suite 3 San Diego CA 92123 State of California Office of Planning and Research 1400 Tenth Street, Room 212 Sacramento CA 95814 San Diego Recorder/Clerk County Administration Center 1600 Pacific Highway, Room 260San Diego CA 92101 Poway Unified School District Planning Department 13626 Twin Peaks Road Poway CA 92064 California Native American Commission 915 Capitol Mall #364 Sacramento CA 95814 AB 52 Requested Barona Band of Mission Indians Art Bunce, Tribal Attorney P.O. Box 1416 Escondido CA 92033 Torres Martinez Desert Cahuilla Indians Michael Mirelez, Cultural Resource Coordinator P.O. Box 1160 Thermal CA 92274 Others Lozeau Drury LLP Theresa Rettinghouse 410 12th Street, Suite 250 Oakland CA 94607 San Diego County Archaeological Society, Inc. Environmental Review Committee P.O. Box 81106 San Diego CA 92138-1106 Resolution No. P-17-23 Page 28 Resolution No. P-17-23 Page 29 Resolution No. P-17-23 Page 30 Resolution No. P-17-23 Page 31 5.0 MITIGATION MONITORING REPORTING PROGRAM Table 5-1 Mitigation Monitoring and Reporting Program CITY OF POWAY ROAD SPECIFIC PLAN Environmental Impact Report: Mitigation Monitoring Reporting Program Mitigation Measures Monitoring Timing/ Frequency Action Indicating Compliance Monitoring Agency Verification of Compliance Initials Date Remarks Air Quality Mitigation Measures EIR Mitigation Measures AQ-1 Future commercial development within the Specific Plan planning area shall implement feasible Transportation Demand Management (TDM) measures subject to the review and approval of the Planning Division. Should it be determined that TDM measures would not be feasible for a specific development, written justification shall be submitted to the Planning Division as part of the City’s standard development and environmental review process. TDM measures include, but are not limited to the following: • Secure bicycle parking (racks, lockers, or bike station) • Showers and lockers • Site design that facilitates transit use, walking, and cycling. This includes transit stops, bike and pedestrian pathways, landscaping, benches and awnings, lighting, etc. • Off-site amenities such as sidewalk improvements, bike network improvements, transit station improvements, improved transit service, transit shelters, roadway and streetscape improvements, intersection improvements, etc. • On-site amenities that reduce the need to drive by requiring or encouraging a mix of uses (cafes, drug stores, groceries, banks, post office, services, gyms and childcare) into major developments so workers don’t need to use cars during the day. • Parking maximums • Unbundled parking • Priority parking for HOVs • Market rate parking Before and during project construction Compliance verified through entitlement review and building inspections. City of Poway Department of Development Services, Planning Division Resolution No. P-17-23 Page 32 CITY OF POWAY ROAD SPECIFIC PLAN Environmental Impact Report: Mitigation Monitoring Reporting Program Mitigation Measures Monitoring Timing/ Frequency Action Indicating Compliance Monitoring Agency Verification of Compliance Initials Date Remarks Biological Resources Mitigation Measures EIR Mitigation Measures BIO-1 To avoid impacts to nesting birds and violation of State and federal laws pertaining to birds, on properties where mature trees are present, all construction-related activities (including but not limited to mobilization and staging, clearing, grubbing, vegetation removal, fence installation, demolition, and grading) should occur outside the avian nesting season (generally prior to February 1 or after August 31). If construction and construction noise occurs within the avian nesting season (from February 1 to August 31 or according to local requirements), all suitable habitats located within the project’s area of disturbance including staging and storage areas plus a 250-foot (passerines) and 1,000-foot (raptor nests) buffer around these areas shall be thoroughly surveyed, as feasible, for the presence of active nests by a qualified biologist no more than five days before commencement of any site disturbance activities and equipment mobilization. If project activities are delayed by more than five days, an additional nesting bird survey shall be performed. Active nesting is present if a bird is sitting in a nest, a nest has eggs or chicks in it, or adults are observed carrying food to the nest. The results of the surveys shall be documented. If it is determined that birds are actively nesting within the survey area, Mitigation Measure BIO-2 shall apply. Conversely, if the survey area is found to be absent of nesting birds, Mitigation Measure BIO-2 shall not be required. In conjunction with approval of discretionary cases and before and during project construction Comply with State and Federal codes and regulations City of Poway Department of Development Services, Planning Division BIO-2 If pre-construction nesting bird surveys result in the location of active nests, no site disturbance and mobilization of heavy equipment (including but not limited to equipment staging, fence installation, clearing, grubbing, vegetation removal, fence installation, demolition, and grading), shall take place within 250 feet of non-raptor nests and 1,000 feet of raptor nests, or as determined by a qualified biologist in consultation with the California Department of Fish and Wildlife, until the chicks have fledged. Monitoring shall be required to insure compliance with the MBTA and relevant California Fish and Game Code requirements. Monitoring dates and findings shall be documented. During project construction Comply with State and Federal codes and regulations City of Poway Department of Development Services, Planning Division BIO-3 For development projects involving the removal of mature trees and existing buildings, a preconstruction survey for maternity (March 1 to August 1) or colony bat roosts (year-round) shall be conducted by a qualified biologist within seven days prior to activities that remove trees or structures. If an occupied maternity or colony roost is detected, CDFW shall be contacted about how to proceed. In conjunction with approval of discretionary cases and before and during project construction Comply with State and Federal codes and regulations City of Poway Department of Development Services, Planning Division Resolution No. P-17-23 Page 33 CITY OF POWAY ROAD SPECIFIC PLAN Environmental Impact Report: Mitigation Monitoring Reporting Program Mitigation Measures Monitoring Timing/ Frequency Action Indicating Compliance Monitoring Agency Verification of Compliance Initials Date Remarks Typically, a buffer exclusion zone would be established around each occupied roost until bat activities have ceased. The size of the buffer would take into account: • Proximity and noise level of project activities • Distance and amount of vegetation or screening between the roost and construction activities • Species-specific needs, if known, such as sensitivity to disturbance Due to restrictions of the California Health Department, direct contact by workers with any bat is not allowed. The qualified bat biologist shall be contacted immediately if a bat roost is discovered during project construction. BIO-4 Prior to construction in areas within or near wetlands, creeks, or riparian habitat, a qualified wetland scientist shall perform a wetland delineation sufficient to determine the extent of Waters of the U.S., Waters of the State, and stream and riparian habitat potentially jurisdictional under Section 404/401 of the Clean Water Act, Porter-Cologne Act, and Section 1600 of the California Fish and Game Code. In conjunction with approval of discretionary cases and before project construction Comply with State and Federal codes and regulations City of Poway Department of Development Services, Planning Division BIO-5 A setback buffer of at least 50 feet shall be implemented between development (e.g., parking lots, commercial uses) and riparian/creek habitat. Redevelopment of existing commercial uses shall incorporate a reduction of paved surfaces (e.g., parking lots) within 50 feet of creek/riparian habitat, to the extent feasible (CDFW 2017c). In conjunction with approval of discretionary cases and before project construction Comply with State and Federal codes and regulations City of Poway Department of Development Services, Planning Division Cultural Resources Mitigation Measures EIR Mitigation Measures CUT-1 Adhere to the Secretary of the Interior’s Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings. Prior to the demolition, removal, or alteration of a structure that is more than 45 years old, a qualified professional architectural historian shall make a recommendation to the City as to whether the project fully adheres to the Secretary of Interior’s Standards and any specific modifications to do so. In conjunction with approval of discretionary cases and tentative subdivision maps If resources discovered, retain qualified archaeologist and comply with State and Federal codes and regulations City of Poway Department of Development Services, Planning Division Resolution No. P-17-23 Page 34 CITY OF POWAY ROAD SPECIFIC PLAN Environmental Impact Report: Mitigation Monitoring Reporting Program Mitigation Measures Monitoring Timing/ Frequency Action Indicating Compliance Monitoring Agency Verification of Compliance Initials Date Remarks CUT-2 Incorporate identified existing historical resources into the proposed new site design. Prior to the demolition, removal, or alteration of a structure identified as or that qualifies for listing as a historical resource, project applicants shall evaluate the potential for incorporation of a portion of the resource into the proposed site design. Applicants shall retain a professional historic architect who meets the qualifications set forth by the U.S. Secretary of the Interior’s Professional Qualifications and Standards to incorporate a portion of the identified historical resource. Prior to issuance of demolition and construction permits If resources discovered, retain qualified archeologist and comply with State and Federal codes and regulations City of Poway Department of Development Services, Planning Division CUT-3 Document any identified historic resource prior to the demolition, removal, or alteration that would cause a loss of integrity and/or loss of continued eligibility. This documentation shall be completed by project applicants, and the documentation shall adhere to the Secretary of the Interior’s Standards for Architectural and Engineering Documentation. The level of documentation shall be proportionate with the level of significance of the resource. Prior to issuance of demolition and construction permits Comply with State and Federal codes and regulations City of Poway Department of Development Services, Planning Division CUT-4 Conduct archaeological sensitivity training for construction personnel. Project applicants shall retain a qualified professional archaeologist who meets U.S. Secretary of the Interior’s Professional Qualifications and Standards, to conduct an Archaeological Sensitivity Training for construction personnel prior to commencement of excavation activities. The training session shall be carried out by a cultural resource professional with expertise in archaeology who meets the U.S. Secretary of the Interior’s Processional Qualifications and Standards. The training session would include a handout and focus on how to identify archaeological resources that may be encountered during earthmoving activities and the procedures to be followed in such an event, those duties of archaeological monitors, and, the general steps a qualified professional archaeologist shall follow in conducting a salvage investigation if one is necessary. Prior to project construction Comply with State and Federal codes and regulations City of Poway Department of Development Services, Planning Division CUT-5 Cease ground-disturbing activities and implement treatment plan if archaeological resources are encountered. In the event that archaeological resources are unearthed during ground-disturbing activities, ground-disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be established around the find where construction activities would not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. Work should be allowed to continue outside of the buffer area. All archaeological resources unearthed by project construction activities shall be evaluated by a qualified professional During project construction, if resources discovered If resources discovered, retain qualified archaeologist and comply with State and Federal Codes and regulations City of Poway Department of Development Services, Planning Division Resolution No. P-17-23 Page 35 CITY OF POWAY ROAD SPECIFIC PLAN Environmental Impact Report: Mitigation Monitoring Reporting Program Mitigation Measures Monitoring Timing/ Frequency Action Indicating Compliance Monitoring Agency Verification of Compliance Initials Date Remarks archaeologist, who meets the U.S. Secretary of the Interior’s Professional Qualifications and Standards. Should the newly discovered artifacts be determined to be prehistoric, Native American Tribes/individuals shall be contacted and consulted, and Native American construction monitoring should be initiated. The developer and City shall coordinate with the archaeologist to develop an appropriate treatment plan for the resources. The plan may include implementation of the archaeological data recovery excavations to address treatment of the resource along with subsequent laboratory processing and analysis. CUT-6 Conduct periodic archaeological resources spot checks during grading and earth-moving activities in younger alluvial sediments. Project applicants shall retain a qualified professional archaeologist who meets the U.S. Secretary of the Interior’s Professional Qualifications and standards to conduct periodic archaeological spot checks beginning at depths below two feet to determine if construction excavations have exposed or have a high probability of exposing archaeological resources. After the initial archaeological spot check, further periodic checks would be conducted at the discretion of the qualified archaeologist. If the qualified archaeologist determines that construction excavations have exposed or have a high probability of exposing archaeological artifacts, construction monitoring for archaeological resources would be required. Developers shall retain a qualified archaeological monitor who would work under the guidance and direction of a professional archaeologist, who meets the qualifications set forth by the U.S. Secretary of the Interior’s Professional Qualifications and Standards. The archaeological monitor shall be present during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into non-fill younger Pleistocene alluvial sediments. Multiple earth-moving construction activities may require multiple archaeological monitors. The frequency of monitoring shall be based on the rate of excavation and grading activities, proximity to known archaeological resources, the materials being excavated (native versus artificial fill soils), the depth of excavation, and if found, the abundance and type of archaeological resources encountered. Full-time monitoring could be reduced to part-time inspections if determined adequate by the project archaeologist. During project construction Comply with State and Federal Codes and regulations City of Poway Department of Development Services, Planning Division CUT-7 Prepare report upon completion of monitoring services. The archaeological monitor, under the direction of a qualified professional archaeologist who meets the U.S. Secretary of the Interior’s Professional Qualifications and Standards, shall prepare a final report at the conclusion of archaeological monitoring. The report shall be submitted to the Applicant, the South Coastal Information Center, After completion of project construction Comply with State and Federal codes and regulations City of Poway Department of Development Services, Planning Division Resolution No. P-17-23 Page 36 CITY OF POWAY ROAD SPECIFIC PLAN Environmental Impact Report: Mitigation Monitoring Reporting Program Mitigation Measures Monitoring Timing/ Frequency Action Indicating Compliance Monitoring Agency Verification of Compliance Initials Date Remarks the City, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures. The report shall include a description of resources unearthed, if any, evaluation of the resources with respect to the California Register and CEQA, and treatment of the resources. CUT-8 Conduct paleontological sensitivity training for construction personnel. The Applicant shall retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, shall conduct a Paleontological Sensitivity Training for construction personnel prior to commencement of excavation activities. The training would include a handout and would focus on how to identify paleontological resources that may be encountered during earthmoving activities, and the procedures to be followed in such an event; the duties of paleontological monitors; notification and other procedures to follow upon discovery of resources; and, the general steps a qualified professional paleontologist would follow in conducting a salvage investigation if one is necessary. Prior to project construction Comply with State and Federal codes and regulations City of Poway Department of Development Services, Planning Division CUT-9 Conduct periodic paleontological spot checks during grading and earth-moving activities. The Applicant shall retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, shall conduct periodic Paleontological Spot Checks beginning at depths below six feet to determine if construction excavations have extended into older Pleistocene alluvial deposits. After the initial Paleontological Spot Check, further periodic checks would be conducted at the discretion of the qualified paleontologist. If the qualified paleontologist determines that construction excavations have extended into the Puente Formation or into older Pleistocene alluvial deposits, construction monitoring for Paleontological Resources would be required. The Applicant shall retain a qualified paleontological monitor, who would work under the guidance and direction of a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology. The paleontological monitor shall be present during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into older Pleistocene alluvial deposits. Multiple earth-moving construction activities may require multiple paleontological monitors. The frequency of monitoring shall be based on the rate of excavation and grading activities, proximity to known paleontological resources and/or unique geological features, the materials being excavated (native versus artificial fill soils), and the depth of excavation, and if found, the abundance and type of paleontological resources and/or unique geological During project construction Comply with State and Federal codes and regulations City of Poway Department of Development Services, Planning Division Resolution No. P-17-23 Page 37 CITY OF POWAY ROAD SPECIFIC PLAN Environmental Impact Report: Mitigation Monitoring Reporting Program Mitigation Measures Monitoring Timing/ Frequency Action Indicating Compliance Monitoring Agency Verification of Compliance Initials Date Remarks features encountered. Full-time monitoring can be reduced to part-time inspections if determined adequate by the qualified professional paleontologist. CUT-10 Cease ground-disturbing activities and implement treatment plan if paleontological resources are encountered. In the event that paleontological resources and or unique geological features are unearthed during ground - disturbing activities, ground-disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be established around the find where construction activities shall not be allowed to continue until appropriate paleontological treatment plan has been approved by the Applicant and the City. Work shall be allowed to continue outside of the buffer area. The Applicant and City shall coordinate with a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, to develop an appropriate treatment plan for the resources. Treatment may include implementation of paleontological salvage excavations to remove the resource along with subsequent laboratory processing and analysis or preservation in place. At the paleontologist’s discretion, and to reduce construction delay, the grading and excavation contractor shall assist in removing rock samples for initial processing. If resources discovered, retain qualified paleontologist and comply with State and Federal codes and regulations Comply with State and Federal codes and regulations City of Poway Department of Development Services, Planning Division CUT-11 Prepare report upon completion of monitoring services. Upon completion of the above activities, the professional paleontologist shall prepare a report summarizing the results of the monitoring and salvaging efforts, the methodology used in these efforts, as well as a description of the fossils collected and their significance. The report shall be submitted to the Applicant, the City, San Diego Natural History Museum, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures. After completion of project construction Comply with State and Federal codes and regulations City of Poway Department of Development Services, Planning Division Greenhouse Gases Mitigation Measures EIR Mitigation Measures GHG-1 The installation of wood-burning devices such as fireplaces, stoves, and heaters shall be prohibited at new residential development within the Specific Plan planning area. In conjunction with project approval Sign off of building permits City of Poway Department of Development Services, Planning Division Resolution No. P-17-23 Page 38 This page is intentionally blank. Resolution No. P-17-23 Page 39 This page is intentionally blank. Resolution No. P-17-23 Page 40 Resolution No. P-17-23 Page 41