Res 05-100
RESOLUTION NO. 05-100
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
AMENDING THE COMMUNITY DEVELOPMENT ELEMENT
OF THE GENERAL PLAN OF THE CITY OF POWAY
GENERAL PLAN AMENDMENT (GPA) 05-04
WHEREAS, the City Council of the City of Poway recognizes that the need may
arise to amend the City's General Plan; and
WHEREAS, Section 65350, et seq., of the California Government Code describes
the procedures for amending General Plans; and
WHEREAS, GPA 05-04 involves a request by Pomerado Hospital, located at
15615 Pomerado Road, to amend strategy I.FA of the Poway General Plan pertaining
to the maximum number of allowable stories for a structure, to allow a 3-story parking
structure on the hospital site to accommodate the hospital expansion project parking
needs; and
WHEREAS, on October 25, 2005, the City of Poway initiated General Plan
Amendment 05-04 under Resolution No. P- 05-091, to amend the Community Development
Element of the General Plan regarding 3-story parking structures in the Hospital Campus
(HC) zone, and
WHEREAS, on November 29, 2005, the City of Poway held a properly noticed
public hearing in accordance with the California Government Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: Pomerado Hospital has acted as the Lead Agency as provided under the
California Environmental Quality Act for the purposes of conducting an environmental
review of the project, which includes this GPA and other development entitlements, and
the City of Poway is the Responsible Agency for approving the project. The City Council
has considered the Environmental Initial Study (EIS), Mitigated Negative Declaration
(MND), and associated Mitigation Monitoring Program adopted by the Pomerado Hospital
Board of Directors on November 15, 2005. The City finds that the Mitigated Negative
Declaration is adequate for use by the City in its role of Responsible Agency. The subject
EIS and MND documentation are fully incorporated herein by this reference. The City
Council finds, on the basis of the whole record before it, that there is no substantial
evidence the project will have a significant impact on the environment, that the mitigation
measures contained in Exhibit A hereof will mitigate potentially significant impacts to a less
than significant level, and that the MND reflects the independent judgment and analysis of
the City. The City Council hereby approves the MND and the associated Mitigation
Monitoring Program attached to this Resolution as Exhibit A.
Section 2: The City Council hereby approves General Plan Amendment 05-04, amending
the Community Development Element (Strategy I.FA) of the City of Poway General Plan
to read as follows:
Resolution No. 05-100
Page 2
I.FA Structures shall be no more than two stories or35 feet, whichever is
less. Exceptions may be made for architectural projections such as
church steeples and freestanding clock towers, and as specified in the
Old Poway Specific Plan and the South Poway Planned Community Plan.
If any addition attached to the existing five-story Pomerado Hospital building
IS constructed, the addition may be as tall as the existing structure.
Additionally, any parking structure that is necessary to accommodate the
on-site parking needs of the expanded hospital may be 3 stories provided
that the height of the parking structure is no taller than 35 feet.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 13th day of December 2005.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 05-100 was duly adopted by the City Council
at a meeting of said City Council held on the 13th day of December 2005, and that it
was so adopted by the following vote:
AYES:
NOES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NONE
DISQUALIFIED:
NONE
NONE
fflbcl~
City of Poway
ABSENT:
Resolution No. 05-100
Page 3
EXHIBIT A
MITIGATION MONITORING PROGRAM
Pomerado Hospital Expansion
General Plan Amendment (GPA) 05-04, Conditional Use Permit (CUP) 92-02M, Minor
Conditional Use Permit (MCUP) 05-05, Development Review (DR) 04-11,
Variance (VAR) 05-13, and Tentative Parcel Map (TPM) 05-04
Section 21081.6 of the Public Resources Code requires that public aQencies "adopt a
reportinQ or monitorinQ proQram for the chanQes which it has adopted or made a condition
of proiect approval in order to mitiQate or avoid siQnificant effects on the environment. The
reportinQ or monitorinQ proQram shall be desiQnated to ensure compliance durinQ proiect
implementation." This MitiQation MonitorinQ ProQram has been prepared in accordance
with Section 21081.6 of the Public Resources Code.
Non-compliance with any of these conditions. as identified bv City staff or a desiQnated
monitor. shall result in issuance of a cease and desist order for all construction activities.
The order shall remain in effect until compliance is assured. Non-compliance situations,
which mav occur subsequent to proiect construction. will be addressed on a case-bv-case
basis and ma~ be subiect to penalties accordinQ to the Citv of Powav Municipal Code.
When phasin of development has been established. it mav be necessarv for this
MonitorinQ ProQram to be amended. with Citv approval.
Topic
Air quality
Mitigation Measure
The following BMPs shall be implemented to
reduce fugitive dust during all ground
disturbing activities and where soils are
exposed:
Timing
During
Grading
Responsibility
Applicant!
Engineering
Division
a. Multiple applications of water during
grading between dozer/scraper passes.
b. Paving, chip sealing or chemical
stabilization of internal roadways after
completion of grading
c. Use of sweepers or water trucks to
remove "track out" at any point of public
street access
d. Stabilization of dirt storage piles by
chemical binders, tarps, fencing or other
erosion controls.
Biology
1. Prior to the removal of any tree on-site
during the recognized nesting season for
raptors, a qualified professional shall evaluate
the subiect tree(s)' for a raptor nest(s) and
Prior to Tree
Removal
Applicant!
Planning
Division
Topic
Resolution No. 05-100
Page 4
Mitigation Measure
report the findings in writing to the City.
Should a nest(s) be located, the tree removal
shall be delayed until such time as the nest(s)
have been abandoned.
2. Prior to the issuance of a Grading Permit,
the applicant shall mitigate for the following
impacts to natural habitats at the specified
mitigation ratios: 2.7 acres of Diegan coastal
sage scrub at 2:1,0.2 acre of southern mixed
chaparral at 1: 1, and 0.3 acres of Chamise
chaparral at 1: 1. Mitigation shall be achieved
on-site through placement of a Biological
Conservation Easement over a minimum of
5.9 acres of upland habitat (to include 5.4
acres of CSS) in the northeast portion of the
site and within the HCP Biological Core and
Linkages Area (BCLA).
3. In accordance with Condition H of the
PSHCP Incidental Take Permit, a take of
active California Gnatcatcher nests, which
includes harassment of the bird due to
grading noise and vibrations from February 15
through July 1, is not permitted. Therefore,
any grading or clearing during this timeframe
will only be permitted subject to the following
conditions having been met to the satisfaction
of the Director of Development Services.
a. The applicant is hereby advised that,
during grading, if active nests are found
within 500 feet of the grading, the grading
activity shall be stopped until such time as
mitigation measures to the satisfaction of
the City and the United States Fish and
Wildlife Service (USFWS) are
implemented. There is no guarantee
that grading will be allowed to resume.
b. Before issuance of a Clearing/Grading
Permit, if grading or clearing is to occur
between February 15 and July 1, the
applicant shall provide to the Planning
Division a letter from a qualified biologist
retained by the applicant, with a scope of
work for the CSS habitat and Gnatcatcher
Survey and a map showing all habitat
areas including all CSS habitat within 500
feet of the area to be Qraded. The
Timing
Prior to
Grading
Permit
During
Construction
Responsibility
Applicant!
Planning
Division
Applicant!
Planning
Division
Resolution No. 05-100
Page 5
Tooic
Mitigation Measure
biologist shall contact the USFWS to
determine the appropriate survey
methodology. The purpose of the survey
is to determine if any active Gnatcatcher
nests are located in the area to be cleared
or graded, or if CSS habitat is within 500
feet of such area. To be considered
qualified, the biologist must provide the
City with a copy of a valid Gnatcatcher
Recovery Permit from the USFWS. The
scope of work shall explain the survey
methodology for the biological survey and
the proposed Gnatcatcher nest monitoring
activities during the clearing/ grading
operation.
c. Should the survey show, to the
satisfaction of the Director of Development
Services, that active Gnatcatcher nests
are not present within the area to be
graded or cleared, or within 500 feet of
said area, approval may be granted to
commence grading/clearing within the
Gnatcatcher nesting season between
February 15 and July 1 with appropriate
monitoring during that time.
d. If Gnatcatchers are present within the
area to be graded/cleared, or within 500
feet of that area, no grading will be
allowed unless appropriate mitigation is
completed.
4. Install permanent signs and fencing as
deemed necessary by the Director of
Development Services, to delineate the limits
of the Biological Conservation Easement(s)
present on the site when grading of the
project is complete to be verified by Planning
staff before the issuance of a Building Permit
or the release of grading securities whichever
occurs first.
5. All construction-related (i.e., security
lighting) and operations-related lighting shall
be of the lowest illumination allowed for
human safety, selectively placed, shielded,
and directed away from preserved habitat
to the maximum extent practicable.
Timing
Prior to
Building
Permit
During
Construction
Responsibility
Applicant!
Planning
Division
Applicant!
Planning
Division
Topic
Cultural
Resources
Traffic and
Circulation
Resolution No. 05-100
Page 6
Mitigation Measure
Minimization of openings on the eastern side
of the parking structure and the 135-foot Fire
Fuel Management Area required by the City
Fire Marshall shall also reduce operational
light from illuminating adjacent habitat.
1. During all ground surface disturbance,
including grading and excavation, a qualified
archaeologist shall be present to monitor the
project area within Holocene or late
quaternary deposits for the presence of buried
archaeological deposits from SDI-4621 and
SDI-17370. The archeological monitor shall
attend the pre-construction meeting, monitor
initial grading, coordinate resource avoidance
and recovery if buried deposits are
discovered, and prepare a monitoring report.
In the event that cultural materials, human
remains, or items of cultural patrimony are
discovered during the monitoring program,
work in that area shall be halted and/or
diverted to another area of the property. The
client shall be notified and a qualified
archaeologist shall determine the best course
of action for evaluation of the cultural
materials or avoidance of cultural resources.
1. The following traffic and circulation related
improvements are required to be completed
prior to the completion of Phase I of the
project:
a. Pomerado Road Raised Median and
Landscapinq - Construct a raised median
with landscaping along the projects street
frontage on Pomerado Road, the design of
which shall be acceptable to the City
Engineer and Public Works Director.
b. Twin Peaks Road Improvements (east
of Pomerado Road) - Construct a
dedicated westbound right turn lane
leading to northbound Pomerado Road,
the length and width to be acceptable to
the City Engineer. Pavement structural
section shall be based on a traffic index of
9.8 minimum.
c. Camino del Norte Improvements (west
of Pomerado Road) - Construct a dual
Timing
During
Grading
To be
completed
prior to the
completion
of Phase I of
the Project
Responsibility
Applicant!
Planning
Applicant!
Traffic
Engineering
Tooic
Noise
Mitigation Measure
eastbound left turn lane leading to
northbound Pomerado Road, the length
and width to be acceptable to the City
Engineer. Pavement structural section
shall be based on a traffic index of 10.0
minimum.
d. Pomerado Road Imorovements (north
of Camino del Norte) - Construct a
dedicated southbound right turn lane
leading to westbound Camino del Norte,
the length and width to be acceptable to
the City Engineer. Pavement structural
section shall be based on a traffic index of
9.8 minimum.
e. Traffic Siqnal Imorovements at the
intersection of Pomerado Road and Monte
Vista Road - Construct a traffic signal and
appurtenances, the design of which shall
be acceptable to the City Engineer. The
applicant is eligible for a credit to be
deducted from the project's required
Phase I Traffic Impact Fees, of the
project's pro rata share of the cost of the
traffic signal, as determined by the Director
of Development Services.
1. During all phases of project construction,
grading and construction activities shall
comply with the hour and day limitations
specified in the Poway Municipal Code,
Sections 8.08 and 16.44.14c.
Resolution No. 05-100
Page 7
Timing
Responsibility
During
Construction
Applicant