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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 . ~J / @i/1 ~ ~ ~ ~r-,~ h --->-i seT .J ~ ~.L "7 OAl< '<. :--. LrE "'\'" ..eU~ I RR.A I t fJtJ' r - ~ OS-RM f"U1f . f- f:.::\ PC ",0 r--c V rOS.RM .;::;; ~ RANCH TER /......--::::::: ;;:, I CHERw,.N ./ I < ~ nU ){. '-"I^C j \ J c;l;J:' ,j tS ~>-~~ J:: f7 OS-RM ~ ; i '\~ Ir-=r.,c",' / ~ ~ V//LJ0 '/; . EDE Loeo 0.'1 '~ ) '/ ,"~ ~ s ~~ .L, - RR-A ~ '>r1 A ANlER "2 b,...", ~ rOS.RM _ ,~ F ~ /LVI \~ ~ ~tr ~ L..s, J ~ ~ ~ ur:..D OS-RM RD II 1III dE -U/7 /1 CITY OF POWAY ITEM: GPA/ZC 06-01 SCALE: N.T.S. g TITLE: