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Res P-06-04 RESOLUTION NO. P-06-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT 05-07, FOR A GRADING PERMIT FOR DEARBORN MEMORIAL PARK LOCATED AT 14361 TIERRA BONITA ROAD, ASSESSOR'S PARCEL NUMBER 321-191-25 WHEREAS, Environmental Assessment (EA) 05-07, Dearborn Memorial Park- Pomerado Cemetery District/Henry Wilson, Jr., Applicant, proposes to expand and develop additional cemetery area on the Dearborn Memorial Park property located at 14361 Tierra Bonita Road in the Public Facilities zone; and WHEREAS, on January 24, 2006, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway, as follows: Section 1: The City Council has considered the Environmental Initial Study (EIS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program, shown as Exhibit A of this Resolution, for Environmental Assessment (EA) 05-07. 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 the EIS and 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: Pursuant to the Poway Habitat Conservation Plan (HCP), a biological survey was prepared for the 38.7-acre property by RC Biological Consulting in October 2004. Project development will occur in a partially disturbed area of the site, but will impact approximately 2.23 acres of Coastal Sage Scrub (CSS) and 0.18 acres of Non-Native Grassland, for a total of 2.41 acres of habitat impacts. A. The proposed project site is outside of the Mitigation Area. The mitigation is consistent with and furthers the implementing objectives of the Poway HCP in that the applicant will mitigate impacts to 2.23 acres of Costal Sage Scrub and 0.18 acres of Non-Native Grassland habitat at a 2:1 ratio (4.82 acres total mitigation). The mitigation will be off-site, and will be placed in a Biological Conservation Easement. B. The dedication of 4.82 acres of off-site Coastal Sage Scrub and Non-Native Grassland habitat within the Mitigation Area, will contribute toward the building of Resolution No. P-06-04 Page 2 the ultimate total Mitigation Area preserve system of the Poway HCP. Therefore, such habitat preservation will serve to enhance the long-term viability and function of the preserve system in that it will permanently preserve 4.82 acres of habitat off- site. C. The mitigation will be to the long-term benefit of the covered species and their habitats in that the recordation of a Biological Conservation Easement, over an area of undisturbed and unencumbered habitat, will promote a meaningful addition to the assembly of a viable regional system of interconnected natural habitat resources, habitat linkages, buffers and wildlife corridors since it will permanently preserve 4.82 acres of Coastal Sage Scrub and Non-Native Grassland habitat off-site within the Mitigation Area. D. The mitigation will foster the incremental implementation of the Poway HCP in an effective and efficient manner in that off-site habitat will be preserved within the Mitigation Area. E. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions shall be complied with: 1. Pursuant to the Poway HCP, impacted Coastal Sage Scrub and Non-Native Grassland habitat must be mitigated at a minimum 2:1 ratio. Off-site Mitigation is required as follows: Coastal Sage Scrub: 2.23 acres of impacted habitat must be mitigated with 4.46 acres of replacement Coastal Sage Scrub. Non-Native Grassland: 0.18 acres of impacted habitat must be mitigated with 0.36 acres of replacement Non-Native Grassland 2. The applicant shall place a total of 4.86 acres of in-kind habitat in a Biological Conservation Easement Deed. The easement document shall be submitted and approved by the City for recordation prior to issuance of a grading permit. In compliance with the Poway HCP, the City shall subsequently re-zone the mitigation land to Open Space-Resource Management to insure permanent preservation. 3. In accordance with Condition H of the Poway HCP 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, grading during this time frame will only be Resolution No. P-06-04 Page 3 permitted subject to the following conditions having been met to the satisfaction of the Director of Development Services: a. 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 a CSS habitat and Gnatcatcher Survey, and a report for the area to be cleared and/or graded and CSS habitat areas within 500 feet of such area. The 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 in CSS habitat 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. b. Should the report show, to the satisfaction of the Director of Development Services, that Gnatcatcher nest are not present within the area to be graded/cleared, or within CSS habitat located within 500 feet of said area, approval may be granted to commence clearing/grading within the Gnatcatcher nesting season from February 15 through July 1. c. If Gnatcatchers are present within the area to be graded/cleared, or within CSS habitat located within 500 feet of said area, no grading will be allowed during this time. d. The biologist must attend the City's pre-construction meeting for the project and must be present on-site during all clearing/grading activities to monitor that the clearing/grading activities stay within the designated limits. During this period, the biologist shall also monitor and survey the habitat, on a daily basis within the area to be cleared/graded and any habitat within 500 feet of said area for any evidence that a Gnatcatcher nest(s) exists or is being build. Weekly monitoring summaries shall be submitted to the Planning Division. Should evidence of a Gnatcatcher nest(s) be discovered, the grading operation shall cease in that area and be directed away from the Gnatcatcher nest( s) to a location greater than 500 feet away from the nest(s). If grading is required to stop due to the presence of active nests, the applicant shall be required to provide erosion control to the satisfaction of the City Engineer. This paragraph must be included as a note on the cover sheet of the clearing/grading plan. Resolution No. P-06-04 Page 4 e. Upon completion of the clearing/grading activities, the applicant's biologist shall submit to the Director of Development Services, a biological monitoring report summarizing the daily observations of the biologist, including whether any Gnatcatchers or evidence of active Gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area. f. At a minimum, all protected areas, as shown on the grading plan, shall be staked by a licensed surveyor and delineated with lathe and ribbon. The applicant shall have said staking inspected by the Engineering Inspector prior to any grading, clearing or grubbing. A written certification from the engineer of work, or a licensed surveyor, shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved plans. g. The biologist shall provide the City with written confirmation that the limits of clearing/grading are in accordance with the project's Biological Resource Assessment. 4. Site archeological testing shall be completed in accordance with the mitigation recommendation set forth in the project Cultural Resources Report prepared by Laguna Mountain Environmental, Inc. and dated October 2004. 5. An addendum report of the findings of the additional site archeological testing identified in Item 4 above and prepared by the project archeologist shall be submitted to the Development Services, Planning Division. 6. If the addendum identified in Item 5 above determines that the project will have a significant adverse impact on cultural resources, the project will be required to comply with any subsequent mitigation requirements that are recommended by the project archeologist. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 24th day of January 2006. ATTEST~~ ~ She" c;ty cle,' Resolution No. P-06-04 Page 5 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-06-04 was duly adopted by the City Council at a meeting of said City Council held on the 24th day of January 2006, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: BOYACK DISQUALIFIED: NONE :A~o~~~ L. Diane Shea, City Clerk City of Poway Resolution No. P-06-04 Page 6 EXHIBIT A MITIGATION MONITORING PROGRAM FOR ENVIRONMENTAL ASSESSMENT 05-07 Section 21081.6 of the Public Resources Code requires that public agencies "adopt a reporting or monitoring program for the changes which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designated to ensure compliance during project implementation." This mitigation monitoring program has been prepared in accordance with Section 21081.6 of the Public Resources Code. Non-compliance with any of these conditions, as identified by City staff or a designated 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 may occur subsequent to project construction, will be addressed on a case-by-case basis and may be subject to penalties according to the City of Poway Municipal Code. When phasing of development has been established, it may be necessary for this Monitoring Program to be amended, with City approval. TODic Mitiaation Measure Timina ReSDonsibilitv Biological 1. Pursuant to the Poway HCP, impacted Coastal Prior to Applicant Resources Sage Scrub and Non-Native Grassland habitat Grading must be mitigated at a minimum 2:1 ratio. Off- Permit site Mitigation is required as follows: Issuance Coastal Sage Scrub: 2.23 acres of impacted habitat must be mitigated with 4.46 acres of replacement Coastal Sage Scrub. Non-Native Grassland: 0.18 acres of impacted habitat must be mitigated with 0.36 acres of replacement Non-Native Grassland The applicant shall place a total of 4.86 acres of in-kind habitat in a Biological Conservation Easement Deed. The easement document shall be submitted and approved by the City for recordation prior to issuance of a grading permit. In compliance with the Poway HCP, the City shall subsequently re-zone the mitigation land to Open Space-Resource Management to insure permanent preservation. ToOle Resolution No. P-06-04 Page 7 Mitiaation Measure Timing ReSDonsibility 2. In accordance with Condition H of the Poway Prior to Applicant HCP Incidental Take Permit, a take of active Grading California Gnatcatcher nests, which includes Permit harassment of the bird due to grading noise and Issuance vibrations from February 15 through July 1, is not permitted. Therefore, grading during this time frame will only be permitted subject to the following conditions having been met to the satisfaction of the Director of Development Services: a. 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 a CSS habitat and Gnatcatcher Survey, and a report for the area to be cleared and/or graded and CSS habitat areas within 500 feet of such area. The 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 in CSS habitat 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 methodologyforthe biological survey and the proposed Gnatcatcher nest monitoring activities during the clearing/ grading operation. b. Should the report show, to the satisfaction of the Director of Development Services, that Gnatcatcher nest are not present within the area to be graded/cleared, or within CSS habitat located within 500 feet of said area, approval may be granted to commence clearing/grading within the Gnatcatcher nesting season from February 15 through July 1. c. If Gnatcatchers are oresent within the area to be Tooic Resolution No. P-06-04 Page 8 Mitiaation Measure Timino graded/cleared, or within CSS habitat located within 500 feet of said area, no grading will be allowed during this time. ResDonsibility d. The biologist must attend the City's pre- construction meeting for the project and must be present on-site during all clearing/grading activities to monitor that the clearing/grading activities stay within the designated limits. During this period, the biologist shall also monitor and survey the habitat, on a daily basis within the area to be cleared/graded and any habitat within 500 feet of said area for any evidence that a Gnatcatcher nest(s) exists or is being build. Weekly monitoring summaries shall be submitted to the Planning Division. Should evidence of a Gnatcatcher nest(s) be discovered, the grading operation shall cease in that area and be directed away from the Gnatcatcher nest(s) to a location greater than 500 feet away from the nest(s). If grading is required to stop due to the presence of active nests, the applicant shall be required to provide erosion control to the satisfaction of the City Engineer. This paragraph must be included as a note on the cover sheet of the clearing/grading plan. e. Upon completion of the clearing/grading activities, the applicant's biologist shall submit to the Director of Development Services, a biological monitoring report summarizing the daily observations of the biologist, including whether any Gnatcatchers or evidence of active Gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area. f. At a minimum, all protected areas, as shown on the grading plan, shall be staked by a licensed surveyor and delineated with lathe and ribbon. The applicant shall have said staking inspected by the Engineering Inspector prior to any grading, clearing or grubbing. A written certification from the enoineer of work, or a licensed survevor, shall Resolution No. P-06-04 Page 9 Tonic Mitigation Measure Timina Responsibility be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved plans. g. The biologist shall provide the City with written confirmation that the limits of clearing/grading are in accordance with the project's Biological Resource Assessment. Cultural 1. Site archeological testing shall be completed in Prior to Applicant Resources accordance with the mitigation recommendation Grading set forth in the project Cultural Resources Report Permit prepared by Laguna Mountain Environmental, Inc. and dated October 2004. 2. An addendum report of the findings of the Prior to Applicant additional site archeological testing identified in Grading Item 1 above and prepared by the project Permit archeologist shall be submitted to the Development Services, Planning Division. 3. If the addendum identified in Item 2 above Prior to Applicant determines that the project will have a significant Grading adverse impact on cultural resources, the project Permit will be required to comply with any subsequent mitigation requirements that are recommended by the project archeologist. Aesthetics To address light impacts during nighttime hours Prior to Applicant (dusk to dawn) project lighting shall be shielded, low Building pressure sodium fixtures, directed in a downward Plan orientation and have a zero cut-off. Aooroval