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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. , , I I .~_._- I ---- I '-- ~ I I I I I I .-- -- -7--- II " ~' ~L--~) - ( /)/I:I,,,r /( -=- "-~YiJ /~ . ~,{:/.\ ", ~. / ---~- -~\ (1 ------ "1'/" .'EJf ij" ' - \ ", -- --- " . --- -- 1)'j . .:-~- . '-/--" ,/ -.( \? /'//'---\\ (-" \ -, /./ ,/~ ,-)7, 'O~'\ ~ -,S //./ // . \\") /' // ) sc~:/ / ...--:.\\ ' --_/ \<;:; ~/F/// y~ ,/\ ,\ \,;:1;,1:-::\ . // /~/~~)// .' /Subject Property - /, " ,,~, y / \ /" -------, - -~ / ~-'--.. :-/ / " ---'--/- ~'~ 1'<0 / / /, -- ~ _---L..~---.------ ' ~ b\\"( - ~.....\ . S Vicinity Map SPA 84-01 WWW SCALE: N.T.S. EXHIBIT B January 2, 2007 Item # d-' 20 of 88