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.
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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.
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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
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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
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This document is designed for double -sided printing.
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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COMMENT A – BARONA BAND OF MISSION INDIANS– (BRUCE)
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COMMENT B – STATE OF CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE – (SEVRENS)
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COMMENT C – SAN DIEGO ASSOCIATION OF GOVERNMENTS– (HENTRICH)
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COMMENT D – CITY OF POWAY RESIDENT– (COLVILLE)
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COMMENT E – CITY OF POWAY RESIDENT– (FICHTHORN)
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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
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Resolution No. P-17-23
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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
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Resolution No. P-17-23
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Resolution No. P-17-23
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Resolution No. P-17-23
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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
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