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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