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