Ord 628
ORDINANCE NO. 628
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
APPROVING ZONING ORDINANCE AMENDMENT (ZOA) 05-05
AMENDING POWAY MUNICIPAL CODE CHAPTER 17.21
(HOSPITAL CAMPUS) PERTAINING TO THE MAXIMUM ALLOWABLE
STORIES PERMITED FOR PARKING STRUCTURES,
AND CHAPTER 17.04 (DEFINTIONS) PERTAINING TO
THE DEFINITION OF LOT COVERAGE
WHEREAS, Chapter 17.06 of Title 17 (Zoning Development Code) of the Poway
Municipal Code provides the requirements for the establishment and amendment of
zoning districts; and
WHEREAS, ZOA 05-05 is proposed by Pomerado Hospital to amend Section
17.21.050.H (Maximum Structure Height) to allow 3-story parking structures contained
within a 35-foot height limit; and Section 17.04.450 (Lot Coverage) to add language
which would clarify the definition of lot coverage; and
WHEREAS, on November 29, 2005, and December 13, 2005, 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, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN 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, 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 associated Mitigation Monitoring Program attached to this Resolution as Exhibit A.
Section 2: The City Council hereby approves ZOA 05-05 to amend Section
17.21.050.H as follows:
Maximum Structure Height. 1. The maximum height of any structure shall be 35 feet or
two stories, whichever is less, except that any addition to the existing Pomerado
Hospital building may be the same overall height from grade as the existing structure, if
Ordinance No. 628
Page 2
it is attached or connected to the existing structure. Additionally, any parking structure
on the site needed to accommodate Pomerado Hospital's on-parking requirements may
be up to 3-stories high, provided that the overall height of the parking structure from
grade does not exceed 35 feet.
Section 3: The City Council hereby approves ZOA 05-05 to amend Section
17.04.450 as follows:
Lot Coverage. "Lot Coverage" means the ratio between the ground floor area of the
building or buildings and the net area of the lot, exclusive of the ultimate street
right-of-way. For master planned commercial, industrial, or institutional projects that
may encompass multiple lots, the lot coverage standard may be calculated over the
entire area of the master planned site.
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30)
days after the date of this passage; and before the expiration of fifteen (15) days after
its passage, it shall be published once with the names and members voting for and
against the same in the Po way News Chieftain, a newspaper of general circulation
published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 29th day of November 2005 and thereafter PASSED AND ADOPTED
at a regular meeting of said City Council held the 13th day of December 2005, by the
following roll call vote.
AYES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSENT:
NONE
DISQUALIFIED:
NONE
ATTEST:
X~
L. Diane Shea, City Clerk
Ordinance No. 628
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 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
Air Quality
Mitiaation Measure
The following BMPs shall be implemented to
reduce fugitive dust during all ground
disturbing activities and where soils are
exposed:
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
Timina
During
Grading
ResDonsibilitv
ApplicanU
Engineering
Division
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.
TODic
Biology
Mitiaation Measure
1. Prior to the removal of any tree on-site
during the recognized nesting season for
raptors, a qualified professional shall
evaluate the subject tree(s) for a raptor
nest(s) and 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
IUSFWS) are implemented. There is no
Ordinance No. 628
Page 4
Timina
Prior to Tree
Removal
Prior to
Grading
Permit
During
Construction
Responsibility
Applicant!
Planning
Division
Applicant!
Planning
Division
Applicant!
Planning
Division
Topic
Mitigation Measure
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 graded.
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 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 c1earing/ 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 qradinq will be
Ordinance No. 628
Page 5
Timing
Prior to
Building
Permit
Responsibility
Applicant!
Planning
Division
Topic
Cultural
Resources
Mitigation Measure
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.
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
Ordinance No. 628
Page 6
Timina
During
Construction
During
Grading
Responsibilitv
Applicant!
Planning
Division
Applicant!
Planning
Division
Topic
Traffic and
Circulation
Mitigation Measure
best cou rse 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 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 Improvements (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.
Ordinance No. 628
Page 7
Timing
To be
completed
prior to the
completion
of Phase I of
the Project
Responsibilitv
Applicant!
Traffic
Engineering
Ordinance No. 628
Page 8
Tooic Mitigation Measure Timing Responsibility
e. Traffic Sianal Improvements 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 During Applicant
Noise activities shall comply with the hour and Construction
day limitations specified in the Poway
Municipal Code, Sections 8.08 and
16.44.14c.