Ord 649
ORDINANCE NO. 649
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
APPROVING A SPECIFIC PLAN AMENDMENT (SPA 84-01WWW)
TO THE SOUTH POWAY SPECIFIC PLAN
TO CHANGE THE lAND USE DESIGNATION
ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
SCRIPPS POWAY PARKWAY AND GATEWAY PLACE
APNs: 323-091-06 AND 323-482-12
WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning
Development Code) of the Poway Municipal Code provides the requirements for the
initiation, preparation, and adoption of Specific Plans in accordance with Section 65450, et
seq. of the California Government Code (Article 8, Specific Plan); and
WHEREAS, Section 17.47.020.C (Initiation) of the Zoning Development Code
provides that the City Council may initiate the preparation of, or amendment to, a Specific
Plan on property by Resolution; and
WHEREAS, on October 16, 2006, the City Council initiated Specific Plan
Amendment 84-01WWW by Resolution; and
WHEREAS, Specific Plan Amendment 84-01WWW is proposed to change the land
use designation on an approximate 23-acre portion of the subject site from Open Space/1
Dwelling Unit (OS/1 DU) to Industrial Park (IP) and a change in land use designation on
another approximate 21-acre portion of the site from OS/1 DU to Open Space (OS). The
subject site is located at the southeast corner of Scripps Poway Parkway and Gateway
Place; and
WHEREAS, on January 2, 2007, 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: 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 Ordinance, for SPA 84-01WWW and Tentative Parcel Map 06-
04. 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 Ordinance as
Exhibit A.
Ordinance No. 649
Page 2
Section 2: The City Council hereby approves Specific Plan Amendment 84-01WWW
changing the land use designation on an approximate 23-acre portion of the subject site
located at the southeast corner of Scripps Poway Parkway and Gateway Place from Open
Space/1 Dwelling Unit (OS/1 DU) to Industrial Park (IP) and changing the land use
designation on another approximate 21-acre portion of the site from OS/1 DU to Open
Space (OS) as shown in Exhibit B attached to this Ordinance.
Section 3: Within 90 days of the effective date of this Ordinance for SPA 84-01 WWW,
the applicant shall mitigate for the change in land use designation from Open Space/1
Dwelling Unit (OS/1 DU) to Industrial Park through the payment of the Habitat-In-Lieu
Mitigation fee for the future purchase of open space will be paid. Presently, the In-Lieu
Fee rate is $10,000 per acre.
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 Poway 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 2nd day of January 2007 and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 13th day of March, 2007, by the following roll
call vote.
AYES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSENT:
NONE
DISQUALIFIED: NONE
ATTEST:
L~~'~
Ordinance No. 649
Page 3
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR SPA 84-01 WWW/TPM 06-04
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.
Topic
Biology
Mitigation Measure
1. Prior to the issuance of a
Grading Permit or an Administrative
Clearing Permit, whichever occurs
first, the applicant shall mitigate the
95.9 acres of on-site and off-site
habitat impacts as listed in Table 3
of the project's biological report
dated March 30, 2006. A Biological
Conservation Easement (BCE) over
the areas depicted in Figure 5 of the
Report, excepting the 5.1 acre
portion of the site proposed to be
revegetated after grading, will count
as partial mitigation. This area
totals 73.8 acres in two BCEs. The
balance of the required mitigation, or
22.1 acres, shall be satisfied by the
payment of an In-Lieu Fee. The
BCE shall be approved by the
Director of Development Services,
and shall be notarized and recorded
with the County of San Diego. The
applicant shall be responsible for
preparing a BCE legal plat map and
Timing
Prior to the
issuance of a
Grading
Permit, or an
Administrative
Clearing
Permit.
Responsibilitv
Applicant
description, submittal of this
information to the City, and City
easement plancheck fees.
2. Habitat restoration of over 5.1 acres
of manufactured slopes on the south
side of the project shall be conducted
and maintained as habitat. Prior to the
issuance of a Grading Permit or an
Administrative Clearing Permit, the
applicant shall submit to the City for
review and approval a Habitat
Restoration and Monitoring Plan
(HRMP), and applicable review fees.
The HRMP shall include a discussion
of the applicants habitat restoration
and maintenance responsibility.
Additionally prior to the issuance of a
Grading Permit or an Administrative
Clearing Permit the applicant shall be
responsible for preparing a separate
BCE legal plat map and description for
this area, submittal of this information
to the City, and for City easement
planckeck fees. The BCE shall be
recorded upon the successful
establishment of the habitat pursuant
to the criteria contained in the HRMP,
at which time the applicant shall be
entitled, upon request, to a
reimbursement of habitat impact fees
equal to the size of the area.
3. Install permanent signs and
fencing as may be deemed
necessary by the Director of
Development Services, to delineate
the limits of the BCE(s) present on
the site.
4. The limits of approved habitat
removal shall be clearly shown on
the grading plan and staked in the
field prior to commencing grading.
Prior to the
issuance of a
Grading
Permit, an
Administrative
Clearing
Permit, or the
approval.
Upon
recordation of
the easement.
Prior to the
issuance of a
Grading
Permit.
Ordinance No. 649
Page 4
Applicant
Applicant
Applicant
5. In accordance with Condition H
of the Poway Subarea Habitat
Conservation Plan (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. 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.
Before issuance of a Clearing
IGrading 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 Coastal Sage Scrub (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
Ordinance No. 649
Page 5
Prior to the Applicant
issuance of a
Grading
Permit or an
Administrative
Clearing
Permit.
Ordinance No. 649
Page 6
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 c1earinglgrading
operation.
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 gradinglclearing within
the Gnatcatcher nesting season
between February 15 and July 1
with appropriate monitoring during
that time.
If Gnatcatchers are present within the
area to be gradedlcleared, or within
500 feet of that area, no grading will
be allowed unless appropriate
mitigation is completed.
6. Construction of on-site and off-site Prior to the Applicant
street improvements as identified in issuance of a
the project's Traffic Impact Analysis Grading
Report dated June 13, 2006 are Permit,
required. Prior to the issuance of a Administrative
Grading Permit, Administrative Clearing
Clearing Permit or Final Map approval, Permit or
whichever occurs first, the applicant Final Map
shall submit a Transportation Approval.
Improvements Phasing Plan (TIPP), Improvements
prepared by a Traffic Enqineer, for the shall be
approval of the Director of
Development Services. The TIPP
shall identify the phasing schedule for
the following:
a. The extension and improvement of
Kirkham Way, between its current
intersection with Gateway Place to a
new signalized interSection with
Scripps Poway Parkway in accordance
with the standards for Commercial
/Industrial Collectors (without median)
as set forth in Chapter 2, Section 1C of
the South Poway Specific Plan and the
Roadway Plan for the South Poway
Planned Community. The phased
extension of Kirkham Way to a
temporary cul-de-sac turn-
aroundlproject entrance, as depicted
on the TPM, may occur as supported
by the approved TIPP.
b. A traffic signal at the intersection of
Kirkham Way and the northerly project
entrance, which is the approximate
location of the temporary cul-de-sac
depicted on the TPM.
c. Improvement of the intersection of
Scripps Poway Parkway and
Community Road to add a westbound
right-turn lane and any necessary
signal modification.
d. Conversion of the existing
southbound right-turn lane to an
uncontrolled (free) right-turn lane at the
intersection of Scripps Poway Parkway
and State Route 67. These
improvements will be completed
through an encroachment permit from
CalTrans. The improvements will also
have to be coordinated with the County
of San Diego.
Ordinance No. 649
Page 7
phased as
specified in
the approved
TIPP.
Ordinance No. 649
Page 8
e. Improvement of the intersection of
Community Road and Stowe Drive to
add a westbound right-turn lane and
any necessary signal modification.
These improvements could be
accomplished without roadway
widening but rather re-striping to
convert the westbound NO.2 lane from
a shared through and right-turn lane to
a right-turn lane only.
1. Improvement of the intersection of
Scripps Poway Parkway and
Pomerado Road to add a second
northbound right-turn lane within the
existing paved area of the road and
any necessary signal modification.
,
,
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S Vicinity Map
SPA 84-01 WWW
SCALE: N.T.S.
EXHIBIT B January 2, 2007 Item # d-'
20 of 88