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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.