Ord 650
ORDINANCE NO. 650
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
CHANGING THE ZONING CLASSIFICATION
OF CERTAIN PROPERTIES (ZC 06-01)
APN: A PORTION OF 321-110-02
WHEREAS, on May 16, 2006, the City Council of the City of Poway initiated a
General Plan Amendment, GPA 06-01, a request to amend the land use of an
approximate 122.5 acre site; and
WHEREAS, the City Council finds that the zoning classification of the property
should also be changed to maintain consistency with the General Plan, as required by
Section 65860 of the California Government Code and the California Environmental
Quality Act; and
WHEREAS, on January 16, 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 Resolution, for Zone Change (ZC) 06-01. 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.
Section 2: The City Council hereby amends the City of Poway Zoning Plan Map as
follows:
A. The zoning of an approximate 122.5 acre site consisting of five legal parcels
identified as APNs: 277-071-05,14,15,16, and 277-080-04, located east of Old
Coach Road approximately one mile north of Espola Road shall be changed from
Rural Residential A (RR-A) to Planned Community (PC) as shown on Exhibit B.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of 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
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of 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 the 16th 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:
NOES:
ABSENT:
DISQUALIFIED:
ATTEST:
EXHIBIT A
Ordinance No. 650
Page 3
MITIGATION MONITORING PROGRAM
GPA06-01; ZC 06-01; SPA 89-01A; AND TIM 06-02
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
Biology
Mitiaation Measure
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, and
applicable review fees. These areas shall be
placed into an Open Space Easement along with
other portions of the lots that are outside the
project development area and outside of any
Biological Conservation Easement area. The
Open Space Easement shall be approved by the
Director of Development Services, and shall be
notarized and recorded with the County of San
Diego at the cost of the applicant.
Install permanent signs and fencing per TTM 06-
02 condition H 24 as deemed necessary by the
Director of Development Services, to delineate the
limits of the Biological Conservation Easement(s)
present on the site.
The limits of approved habitat removal shall be
clearly shown on the grading plan and staked in
the field prior to commencing grading.
Timina
Prior to the issuance
of a Grading Permit or
the approval of Final
Map, whichever
occurs first (for
submittal of plan)
ResDonsibilitv
Applicant
Prior to starting Applicant
grading
Prior to the issuance Applicant
of a Grading Permit or
of Final Map approval,
whichever occurs first
Prior to the issuance of a Grading Permit or an
Administrative Clearing Permit or Final Map
approval, whichever occurs first, the applicant
shall mitigate the on-site, permanent removal of
8.3 acres of Coastal Sage Scrub (CSS) at the
rate of 2: 1, and 1.1 acres of Non-native
Grasslands at the rate of 1: 1 for an overall
requirement of 17.7 acres. A Biological
Conservation Easement (BCE) will be placed
over 17.7 acres of on-site CSS as required
mitigation. The BCE shall be approved by the
Director of Development Services, and shall be
notarized and recorded with the County of San
Diego at the cost of the applicant. In compliance
with the HCP, the City shall re-zone the
mitigation land to Open Space-Resources
Management to ensure its permanent
preservation. An Open Space Easement must
also be recorded on the remaining undeveloped
portions of the property.
Prior to the removal of any tree during the
recognized nesting season for raptors, a qualified
professional shall evaluate the subject tree(s) for a
raptor nest and report the findings in writing to the
City. Should a nest or nests be located in any
tree, removal shall be delayed until such time as
the nest or nests have been abandoned.
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. 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 ClearinglGrading Permit, if
grading or clearing is to occur between February
15 and Julv 1, the aoolicant shall provide to the
Ordinance No. 650
Page 4
Prior to the issuance Applicant
of a Grading Permit or
the approval of Final
Map, whichever
occurs first
Prior to the removal of Applicant
any tree
Prior to the issuance Applicant
of a Grading Permit or
the approval of Final
Map, whichever
occurs first
Prior to and during Applicant
grading
Cultural
Resource
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 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
graded/cleared, or within 500 feet of that area, no
grading will be allowed unless appropriate
mitigation is completed.
A qualified biologist is required to monitor
vegetation clearing and grading when within
sensitive biological resources. The biologist
should also verify the location of construction
staking
Prior to the issuance of a Grading Permit, the
project applicant shall contract with a certified
archaeologist and a Tribal Indian representative to
monitor trenching, excavation, and grading
activities. The monitor shall have recent
experience in construction monitoring, and shall be
on-site full time for all initial grading activities that
disturb the upper soil layer. The monitor shall have
the authority to halt andlor redirect work in the
case of a cultural resource discovery. If cultural
resources are discovered as a result of monitoring,
then testing/evaluation will be recuired and, if
Ordinance No. 650
Page 5
Prior to and during
grading
Applicant
Ordinance No. 650
Page 6
necessary, data recovery will be conducted. Any
materials collected will require curation at a
qualified institution. AI the end of the monitoring
period, the archaeological monitors shall submit a
letter report to the Director of Development
Services detailing the duration and results of the
monitoring. Contact the Development Services
Department regarding contact information for the
Tribal Indian monitor.
EXHIBIT B
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CITY OF POWAY
ITEM: GPA/ZC 06-01
SCALE: N.T.S. g
TITLE: