Res 24-011RESOLUTION NO. 24-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL
IMPACT REPORT (EA) 23-0001 AND ADOPTING FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT FOR THE HARMON RANCH SPECIFIC PLAN (SP) 22-0001
INCLUDING THE SUBDIVISION OF 11.5 ACRES OF LAND AND
THE CONSTRUCTION OF 63 HOMES AND THE PRESEVATION
OF A LOCALLY DESIGNATED HISTORIC HOME; ASSESSOR'S
PARCEL NUMBERS; 317-500-14-00, 317-500-13-00, 317-500-12-
00, 317-500-11-00, 317-500-09-00, 317-500-10-00, 317-500-03-
00, 317-500-02-00, 317-501-02-00 AND 317-501-01-00
WHEREAS, The Harmon Ranch Specific Plan (HRSP) contains definitions, a land use
plan, development standards and design guidelines that set the policy framework to guide
development;
WHEREAS, the HRSP requires that the City amends the City's General Plan, including
the General Plan Land Use Map and Zoning Map;
WHEREAS, the potential impacts of the development permitted by the HRSP analyzed in
the EIR include aesthetics, air quality, biological resources, cultural and tribal cultural resources,
energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials,
hydrology and water quality, land use and planning, noise, population and housing, public
services, recreation, transportation and traffic, utilities and services systems, and wildfire risk;
WHEREAS, a Notice of Preparation was filed with the State Clearinghouse on February
1, 2023, for a 30-day review and a public scoping meeting was held on February 16, 2023;
WHEREAS, a Notice of Completion for the preparation of the Draft Environmental Impact
Report (DEIR) was filed with the State Clearinghouse on November 15, 2023
(SCH#2023020009);
WHEREAS, the DEIR was made available for public comments on November 15, 2023
for a 45-day review;
WHEREAS, the City has prepared responses to all the comments received on the DEIR
which have been incorporated into the Final Environmental Impact Report (FEIR);
WHEREAS, on April 2, 2024, the City Council held a duly advertised public hearing to
receive testimony from the public, both for and against, relative to this matter; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
project, including the attachments, and has considered other evidence presented at the public
hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: The City Council hereby makes the following findings:
Resolution No. 24-011
Page 2
A. The proposed Specific Plan (SP) is consistent with applicable land use plans and policies
contained in the City's General Plan.
B. The implementation of the proposed SP will not result in significant unmitigable
environmental impacts, with the exception of transportation.
C. To ensure that potential environmental impacts identified in the environmental assessment
are mitigated to less than significant, with the exception of traffic, the City Council hereby
adopts the Mitigation and Reporting Program (MMRP) contained in the FEIR.
D. That the mitigation measures contained in the MMRP shall be incorporated on all projects,
when applicable.
SECTION 2: Section 15093 of the California Environmental Quality Act (CEQA)
Guidelines requires that if the project will cause significant unavoidable adverse impacts, the City
must adopt a Statement of Overriding Considerations prior to approving the project. A Statement
of Overriding Considerations states that any significant adverse project effects are acceptable if
expected project benefits outweigh unavoidable adverse environmental impacts. The project will
not result in any significant and unavoidable impacts, with the exception of transportation. The
City Council hereby adopts the CEQA Findings of Fact and Statement of Overriding
Considerations in Exhibit A.
SECTION 3: Environmental impacts identified in the FEIR as potentially
significant, but that can be reduced to less than significant levels with mitigation, with the
exception of transportation, which are described in Table 1-1 of the FEIR and are incorporated
herein by this reference. The City, having reviewed and considered the information contained in
the FEIR and the Record of Proceedings and pursuant to Public Resource Code §21081(a & b)
and State CEQA Guidelines §15091(a)(3) and 15092(b)(2), makes the finding that the project
would not result in impacts that are unavoidable. All potential impacts would be mitigated to less
than significant, with the exception of transportation. However, Statement of Overriding
Considerations have been prepared pursuant to CEQA Guidelines §15093.
SECTION 4: Alternatives to the Project that might eliminate or reduce
significant environmental impacts are discussed in Section 6 of the Final EIR.
SECTION 5: In accordance with the requirements of CEQA, an EIR has been prepared
for SP 22-0001 and associated entitlements General Plan Amendment (GPA) 22-0001, Zone
Change (ZC) 22-0001, Zoning Ordinance Amendment (ZOA) 24-0001, Tentative Tract Map (TTM)
22-0001 and Development Review (DR) 22-0003; a request to adopt a specific plan, subdivide
11.5 acres of land, and construct 63 new residences, preserve one locally designated historic
home. The City Council has considered the EIR, and public comments received on the EIR. The
subject EIR documentation is fully incorporated herein by this reference. The City Council finds,
on the basis of the whole record before it, and in its own independent judgement, that there are
no significant unavoidable impacts and that there were significant impacts were all mitigated to
be less than significant, with the exception of transportation. However, Statement of Overriding
Considerations have been prepared pursuant to CEQA Guidelines §15093.
SECTION 6: Prior to taking action, the City Council reviewed and considered and
has exercised its independent judgment in considering the FEIR and all of the information and
data in the administrative record, and all oral and written testimony presented to it during meetings
and hearings and finds that: the FEIR has been completed in compliance with CEQA; the FEIR
was presented to the City Council and the City Council reviewed and considered the information
Resolution No. 24-011
Page 3
contained in the FEIR prior to taking action regarding the FEIR; and the FEIR reflects the City's
independent judgment and analysis. No changes to the proposed SP, changes to the
environment, comments on the proposed SP, or any additional information submitted to the City
have produced any substantial new information requiring additional environmental review or
documentation of the Project under CEQA.
SECTION 7: The applicant shall defend, indemnify, and hold harmless the City, its
agents, officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the
City or its agents, officers, or employees, relating to the issuance of any aspect of the project
approval set for in this resolution, including, but not limited to, any action to attack, set aside, void,
challenge, or annul this development approval (including but not limited to SP 22-0001, GPA 22-
0001, ZC 22-0001, ZOA 24-0001, TTM 22-0001 and DR 22-0003), any environmental document
or decision made pursuant to CEQA (EA 23-0001). The City may elect to conduct its own defense,
participate in its own defense, or obtain independent legal counsel in defense of any claim related
to this indemnification. In the event of such election, applicant shall pay all of the costs related
thereto, including without limitation reasonable attorney's fees and costs. In the event of a
disagreement between the City and applicant regarding litigation issues, the City shall have the
authority to control the litigation and make litigation -related decisions, including, but not limited to,
settlement or other disposition of the matter. However, the applicant shall not be required to pay
or perform any settlement unless such settlement is approved by applicant. Notwithstanding the
foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence
or willful misconduct of the City.
SECTION 8: City Council hereby certifies the Final EIR (EA 23-0001), the CEQA
Findings of Fact, and the MMRP on file in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Poway, California on the 2nd day of April, 2024 by the following vote, to wit:
AYES: DE HOFF, EDMONDSON, PEPIN, VAUS
NOES: FRANK
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, ity Clerk
EXHIBIT A
Draft Candidate Findings
Harmon Ranch Specific Plan Project
March 2024
Pagel of 21
Draft Candidate Findings
Harmon Ranch Specific Plan Project
Resolution No. 24-011
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Draft Candidate Findings
Harmon Ranch Specific Plan Project
March 2024
Page 2 of 21
DRAFT CANDIDATE FINDINGS OF FACT
for
HARMON RANCH SPECIFIC PLAN PROJECT
SCH No. 2023020009
I. INTRODUCTION
a. Findings of Fact
Resolution No. 24-011
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The following Candidate Findings of Fact (Findings) are made for The Harmon Ranch Specific
Plan project (project or proposed project). The environmental effects of the proposed project
are addressed in the Final Environmental Impact Report (FEIR) dated March 2024, which is
incorporated by reference herein.
The California Environmental Quality Act (CEQA) (Section 21081 [a]) and the State CEQA Guidelines
(Section15091 [a]) require that no public agency shall approve or carry out a project for which an
environmental impact report has been completed that identifies one or more significant effects
thereof, unless such public agency makes one or more of the following findings:
1. Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid the significant environmental effects on the environment;
2. Those changes or alterations are within the responsibility and jurisdiction of another
public agency and have been or can or should be adopted by that other agency; or
3. Specific economic, legal, social, technological, or other considerations, including
considerations for the provision of employment opportunities for highly trained workers,
make infeasible the mitigation measures or alternatives identified in the environmental
impact report.
CEQA also requires that the Findings made pursuant to Section 15091 be supported by
substantial evidence in the record (Section 15091 [b] of the State CEQA Guidelines). Under
CEQA, substantial evidence means enough relevant information has been provided (and
reasonable inferences from this information may be made) that a fair argument can be made
to support a conclusion, even though other conclusions might also be reached. Substantial
evidence must include facts, reasonable assumptions predicted upon facts, and expert opinion
supported by facts (Section 15384 of the State CEQA Guidelines).
Draft Candidate Findings
Harmon Ranch Specific Plan Project
March 2024
Page 3 of 21
Resolution No. 24-011
Page 6
The Findings have been submitted by the City of Poway (City) Development Services
Department as Candidate Findings to be made by the decision -making body. They are
attached to allow readers of this report an opportunity to review the applicant's position on
this matter. It is the exclusive discretion of the decision -maker certifying the EIR to determine
the adequacy of the proposed Candidate Findings. It is the role of staff to independently
evaluate the proposed the Candidate Findings, and to make a recommendation to the
decision -maker regarding their legal adequacy.
b. Record of Proceedings
For purposes of CEQA and these Findings, the Record of Proceedings for the project consists
of the following documents and other evidence, at a minimum:
• The Notice of Preparation (NOP) and all other public notices issued by the City in
conjunction with the project;
• All responses to the NOP received by the City;
• The Draft EIR;
• All written comments submitted by agencies or members of the public during the
public review comment period on the Draft EIR;
• The Final EIR;
• All responses to the written comments included in the Final EIR;
• All written and oral public testimony presented during a noticed public hearing forthe
project at which such testimony was taken;
• The Mitigation Monitoring and Reporting Program;
• The reports and technical memoranda included or referenced in any responses to
comments in the Final EIR;
• All documents, studies, EIRs, or other materials incorporated by reference in, or otherwise
relied upon during the preparation of, the Draft EIR and the Final EIR;
• Matters of common knowledge to the City, including, but not limited to, federal, state,
and local laws and regulations;
• Any documents expressly cited in these Findings;
• The Statement of Overriding Considerations included in these Findings; and
• Any other relevant materials required to be in the record of proceedings by Public
Resources Code Section 21167.6(e).
c. Custodian and Location of Records
Draft Candidate Findings
Harmon Ranch Specific Plan Project
March 2024
Page 4 of 21
Resolution No. 24-011
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The documents and other materials which constitute the record of proceedings for the City's
actions on the project are located at the City's Development Services Department, also known
as DSD (City Hall, 13325 Civic Center Drive, Poway, CA 92064). The City's DSD is the custodian of
the projects administrative record. Copies of the document that constitute the record of
proceedings are on the City's website at proceedings are and at all relevant times have been
available upon request at the offices of the City's DSD. The draft EIR and final EIR were also placed
on the City's website at https://poway.ore/329/Recent-Projects-Environmental-Documents.
This information is provided in compliance with the Public Resources Code 21081.6(a)(2) and the
CEQA Guidelines 15091(e).
II. PROJECT SUMMARY
a. Project Objectives
The objectives of the Harmon Ranch Specific Plan project include the following:
1. Implement applicable goals and policies of the City's General Plan.
2. Develop a residential neighborhood within an underutilized site with quality
architecture and community design aesthetics that respect and enhance the existing
neighborhood's appeal and character.
3. Ensure new uses are compatible with the existing surrounding homes by
establishing setbacks, design regulations and guidelines that protect the privacy and
quality of life for neighboring residents.
4. Contribute new housing units to the City of Poway and the region by providing new
single-family housing.
5. Conserve a portion of the project site to minimize environmental impacts on
biological resources and allow for the development of an environmentally sensitive
neighborhood.
6. Preserve the historic home on site by implementing a landscape plan to maintain the
historic setting and provide a buffer to ensure the permanent protection of the
historic resource during construction.
7. Create an internal network of private streets that minimizes traffic impacts on
existing neighborhoods and incorporates a trail connection to the adjacent
commercial/industrial land use.
Minimize the environmental impact of new development through best management
and low impact development practices, water and energy conservation measures
and green construction.
Draft Candidate Findings
Harmon Ranch Specific Plan Project
March 2024
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Resolution No. 24-011
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9. Create a land use plan that can realistically be developed within a foreseeable time
frame and under projected economic conditions.
10. Assist the City to meet its requirements under state law with respect to developing
housing in the City, specifically including state Housing Element law.
b. Project Description
The Harmon Ranch Specific Plan Project is approximately 11.5 acres and includes a total of 63
new single-family homes and associated site improvements and retention of the existing
historic home. The project proposes approximately 5.7 acres designated for residential
development, a 0.25-acre historic home site, 3.2 acres of open space areas, 1.9 acres for
private streets, and 0.5 acres of public right-of-way (Oak Knoll Road). The proposed project
would include 63 single-family detached homes plus the 1 existing historic home on site for a
total of 64 lots within the Specific Plan boundary. The proposed density is 8.8 dwelling
units/acre (64 total residential lots/7.26-acre net project area not including private streets),
which is just over the existing RS-7 designation density. The proposed project is located in the
southern portion of the City, along Oak Knoll Road, south of Poway Road and west of Carriage
Road. The new land uses proposed by the Specific Plan include two open space uses and one
residential land use. Parcels designated as open space would be permanently preserved as
open space through deed restriction. One residential land use is also proposed. The Open
Space (OS) is designed to permanently conserve the one -site open space areas that contain
sensitive biological and/or cultural resources. These areas would not be impacted by
development of the project and remain as natural open space areas. The Open Space —
Recreation (OS-R) is intended to provide passive and active recreational opportunities and
open landscaped areas to support the new residential uses and manufactured slopes within
the Specific Plan area. Recreation amenities shall be provided to support healthy and active
lifestyles and encourage community interaction and engagement. The Residential Single
Family (R-S) consists of traditional single-family homes plotted on deeded legal lots. The
approximately 3.2 acres of open space would consist of 2.2 acres of OS and 1.0 acres of OS-R.
These recreational amenities would be divided into OS-1 through OS-4, and OS-R-1 through OS-R-
7. The proposed project would be developed in phases. Construction is anticipated to begin in
2024and end in 2026. A more detailed description of the proposed project, the project location,
and the potential environmental effects associated with development of the proposed project,
are provided in the Final EIR.
III. ENVIRONMENTAL REVIEW PROCESS AND PUBLIC PARTICIPATION
The lead agency approving the project and conducting environmental review under the
California Environmental Quality Act (California Public Resources Code Sections 21000, et seq.,
and the Guidelines promulgated thereunder in California Code of Regulations, Title 14,
Sections 15000 et seq. (CEQA Guidelines), hereinafter collectively, (CEQA) shall be the City of
Draft Candidate Findings
Harmon Ranch Specific Plan Project
March 2024
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Resolution No. 24-011
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Poway (the City). The City as lead agency shall be primarily responsible for carrying out the
project. In compliance with Section 15082 of the CEQA Guidelines, the City published a Notice
of Preparation on February 1, 2023, which began a 30-day period for comments on the
appropriate scope of the EIR. Consistent with Public Resources Code Section 21083.9, the City
held a public agency scoping meeting on February 16, 2023 at the City of Poway City Council
Chambers. The purpose of these meetings was to seek input and concerns from the public
regarding the environmental issues that may potentially result from the project.
The City published a draft EIR on November 15, 2023, in compliance with CEQA. Pursuant to CEQA
Guidelines Section 15085, upon publication of the draft EIR, the City filed a Notice of Completion
with the Governor's Office of Planning and Research, State Clearinghouse, indicating that the draft
EIR had been completed and was available for review and comment by the public. The City also
posted a Notice of Availability of the draft EIR at this time pursuant to CEQA Guidelines Section
15087. During the public review period, the City received comments on the environmental
document. After the close of public review period, the City provided responses in writing to all
comments received on the draft EIR.
The Final EIR for the project was published in March 2024. The Final EIR has been prepared in
accordance with CEQA and the State CEQA Guidelines.
The documents and other materials that constitute the record of proceedings on which the
City's CEQA findings are based are located at the City of Poway Development Services
Department, located at City Hall, 13325 Civic Center Drive, Poway, CA 92064. This information is
provided in compliance with Public Resources Code Section 21081.6(a)(2).
IV. SUMMARY OF IMPACTS
Impacts associated with specific issues areas (e.g., noise, transportation, air quality)
resulting from approval of the project and future implementation are discussed below.
The proposed project would result in significant and unavoidable impacts for
Transportation (VMT).
The Final EIR concludes that the project will have less than significant impacts and require no
mitigation measures with respect to the following issues:
• Aesthetics
Energy
• Greenhouse Gas Emissions
Hazards and Hazardous Materials
• Hydrology
Land Use and Planning
Population and Housing
Draft Candidate Findings
Harmon Ranch Specific Plan Project
March 2024
Page 7 of 21
• Public Services
• Recreation
• Utilities and Service Systems
• Wildfire
Resolution No. 24-011
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Potentially significant impacts of the project will be mitigated to below a level of
significance with respect to the following issues:
• Air Quality
• Biological Resources
• Cultural Resources
• Geology and Soils
• Noise
The Final EIR concludes that the project will have significant and unavoidable impacts with
respect to the following issues:
• Transportation
V. FINDINGS REGARDING SIGNIFICANT IMPACTS
In making each of the findings below, the City has considered the Plans, Programs, and Policies
discussed in the Final EIR. The Plans, Programs, and Policies discussed in the Final EIR are
existing regulatory plans and programs the project is subject to, and, likewise, are explicitly
made conditions of the projects approval.
a. Findings Regarding Impacts that Can Be Mitigated to Below a Level of Significance
The City, having independently reviewed and considered the information contained in the Final
EIR and the record of proceedings, finds pursuant to CEQA Section 21081(a)(1) and State CEQA
Guidelines Section 15091(a)(1), adopts the following findings regarding the significant effects of
the project, as follows:
Changes or alterations have been required in, or incorporated into, the project that mitigate, or
avoid, or substantially lessen the significant effects on the environment as identified in the Final
EIR. The basis for this conclusion follows.
Draft Candidate Findings
Harmon Ranch Specific Plan Project
March 2024
Page 8 of 21
Air Quality
Resolution No. 24-011
Page 11
Impact AQ-1: The proposed project would result in diesel particulate matter emissions during
construction.
Facts in Support of Finding: MM-AQ-1 requires the project contractor to adhere to various
measures during project construction to reduce diesel particulate emissions. Such measures
include maintaining Tier 4 Interim diesel engines or better for equipment greater than 75
horsepower, ensuring that construction equipment meets the minimum engine size suitable for
the required job, minimizing the number of construction equipment operating simultaneously,
maintaining construction equipment in tune per the manufacturers specifications, and verification
of equipment type used during construction to the City of Poway. With implementation of
mitigation MM-AQ-1, daily construction emissions would not exceed the significance thresholds for
any criteria pollutant and impacts would be less than significant.
ii. Biological Resources
Impact 131O-1: The proposed project has the potential to result in direct impacts to potentially
occurring special -status species.
Facts in Support of Finding: MM-BIO-1 would establish various measures to be
implemented to ensure environmental protection during construction activities. This
includes the installation of staking and silt fencing along the entire perimeter of the
construction footprint/area proposed for grading. Additionally, pre -construction
environmental awareness educational meetings for the team and crews, as well as biological
monitoring during vegetation clearing and grading activities, would be mandatory.
Construction/contractor personnel would need to complete a Workers Environmental
Awareness Program to ensure compliance with environmental/permit regulations and
mitigation measures. Furthermore, construction -limits staking and biological monitoring
would be put in place to prevent inadvertent impacts to special -status vegetation or
potential special -status wildlife species and their habitat.
Under MM-BIO-3, in alignment with the Migratory Bird Treaty Act of 1918 and Section 3503.5
of the California Fish and Game Code, steps would be taken to avoid direct impacts to
raptors and/or any native/migratory birds. Removal of habitat supporting active nests in the
proposed project site would be scheduled outside of the breeding season for these species
(February 1 to September 15). If habitat removal during the breeding season is necessary, a
qualified biologist would conduct a pre -construction survey to determine the presence or
absence of nesting birds in the proposed area of disturbance. This survey would be
conducted within 72 hours prior to the start of construction activities, including vegetation
removal. If active nests are detected, the area would be flagged and mapped on the
construction plans, along with a 300- to 500-foot avoidance buffer for raptors, and avoided
until the nesting cycle is complete or it's determined that the nest has failed. Noise
monitoring may also be required, and the final buffer determination would be made by the
biologist(s). By implementing measures to avoid disturbing migratory bird and raptor nests,
as well as functional foraging habitats for raptors and other species, Impact BIO-1 would be
minimized to less than significant.
Draft Candidate Findings
Harmon Ranch Specific Plan Project
March 2024
Page 9 of 21
iii. Biological Resources
Resolution No. 24-011
Page 12
Impact 1131O-2: The proposed project may indirectly affect Special -status wildlife during project
construction.
Facts in Support of Finding: MM-BIO-4 outlines specific requirements to be included in
grading and building plans prior to construction permit issuance. Employees must
confine their activities, vehicles, equipment, and construction materials strictly within the
fenced project footprint to minimize environmental impact. Additionally, to prevent
attracting predators, the project site must be kept free of debris, with all food -related
trash items securely enclosed in sealed containers and regularly removed. Any lighting
installed for construction purposes should be directed away from riparian and wetland
habitats. Dust control measures, such as water trucks, must be implemented to reduce
fugitive dust. Lastly, pets belonging to project personnel are not permitted on the project
site to ensure site cleanliness and minimize disruption to wildlife habitats.
MM-BIO-S mandates adherence to measures outlined in the Poway General Plan and
Poway Grading Ordinance for all construction activities adjacent to wetland habitat
areas. These measures are designed to prevent degradation of wetland and riparian
habitats from erosion. Grading activities are prohibited during the rainy season (October
1 st through April 15th) unless an approved erosion control plan and program are in
place. Similarly, grading or vegetation removal adjacent to wetland areas during the
rainy season is restricted, unless allowed on a site -specific basis with the provision of all
necessary erosion control devices, which must be installed and maintained throughout
the grading period. With implementation of MM-BIO-4 and MM-BIO-S, direct impacts to
Special -status wildlife during project construction would be less than significant.
iv. Biological Resources
Impact 13I0-3: The proposed project could result in potential indirect impacts, including noise,
lighting, and increased human presence and vehicle traffic within the site that could significantly
affect nesting birds.
Facts in Support of Finding: Under MM-BIO-3, in alignment with the Migratory Bird Treaty
Act of 1918 and Section 3503.5 of the California Fish and Game Code, steps would be taken
to avoid direct impacts to raptors and/or any native/migratory birds. Removal of habitat
supporting active nests in the proposed project site would be scheduled outside of the
breeding season for these species (February 1 to September 15). If habitat removal during
the breeding season is necessary, a qualified biologist would conduct a pre -construction
survey to determine the presence or absence of nesting birds in the proposed area of
disturbance. This survey would be conducted within 72 hours prior to the start of
construction activities, including vegetation removal. If active nests are detected, the area
would be flagged and mapped on the construction plans, along with a 300- to 500-foot
avoidance buffer for raptors, and avoided until the nesting cycle is complete or it's
determined that the nest has failed. Noise monitoring may also be required, and the final
Draft Candidate Findings
Harmon Ranch Specific Plan Project
March 2024
Page 10 of 21
Resolution No. 24-011
Page 13
buffer determination would be made by the biologist(s). By implementing measure MM-BIO-
3 impacts to BIO-3 would be minimized to less than significant.
V. Biological Resources
Impact 1310-4: The proposed project would result in impacts to sensitive habitats.
Facts in Support of Finding: Prior to construction permit issuance, grading, and building plans
must prioritize the protection of wetland and riparian areas through the implementation of on -
site construction fencing, as outlined in MM-BIO-1 and MM-BIO-2. These plans should clearly
depict the placement of construction fencing and specify that it must be maintained throughout
the entire duration of construction activity until the permanent outer wall proposed for the new
development is constructed. This fencing is crucial for safeguarding adjacent riparian and
wetland habitats from any potential disturbance. Additionally, as stated in MM-BIO-4, strict
measures must be enforced to confine all construction -related activities, vehicles, equipment,
and materials within the fenced project footprint to minimize environmental impact.
Furthermore, adherence to the Poway General Plan and Poway Grading Ordinance, as detailed
in MM-BIO-5, is essential for preventing degradation of wetland and riparian habitats from
erosion. These measures, including the prohibition of grading activities during the rainy season
without an approved erosion control plan and program in place, aim to ensure the preservation
of these sensitive ecosystems throughout the construction process. With implementation of
these measures, MM-BIO-1, MM-BIO-2, MM-BIO-4 and MM-1310-5, impacts to B10-4 would be
minimized to less than significant.
vi. Biological Resources
Impact 1310-5: The proposed project could potentially result in indirect impacts to the wetland
and riparian habitat.
Facts in Support of Finding: Prior to construction permit issuance, grading, and building plans
must prioritize the protection of wetland and riparian areas through the implementation of on -
site construction fencing, as outlined in MM-BIO-1 and MM-BIO-2. These plans should clearly
depict the placement of construction fencing and specify that it must be maintained throughout
the entire duration of construction activity until the permanent outer wall proposed for the new
development is constructed. This fencing is crucial for safeguarding adjacent riparian and
wetland habitats from any potential disturbance. Additionally, as stated in MM-BIO-4, strict
measures must be enforced to confine all construction -related activities, vehicles, equipment,
and materials within the fenced project footprint to minimize environmental impact.
Furthermore, adherence to the Poway General Plan and Poway Grading Ordinance, as detailed
in MM-BIO-5, is essential for preventing degradation of wetland and riparian habitats from
erosion. These measures, including the prohibition of grading activities during the rainy season
without an approved erosion control plan and program in place, aim to ensure the preservation
of these sensitive ecosystems throughout the construction process. With implementation of
these measures, MM-BIO-1, MM-BIO-2, MM-1310-4 and MM-BIO-5, impacts to BIO-5 would be
minimized to less than significant.
Draft Candidate Findings
Harmon Ranch Specific Plan Project
March 2024
Page 11 of 21
vii. Biological Resources
Resolution No. 24-011
Impact B1O-CU-1: The proposed project would potentially contribute to a cumulatively
considerable impact to special status species.
Page 14
Facts in Support of Finding: MM-131O-3 directs the implementation of measures to mitigate
environmental impacts during construction activities, particularly focusing on the protection of
raptors, migratory birds, and their habitats. These measures include conducting pre -
construction surveys to identify nesting birds and establishing avoidance buffers to prevent
disturbance. Complementing these efforts, MM-131O-4 emphasizes the importance of on -site
environmental protocols, such as confining construction activities within designated areas,
implementing dust control measures, and prohibiting pets to maintain site cleanliness.
Furthermore, MM-131O-5 mandates compliance with specific measures outlined in the Poway
General Plan and Poway Grading Ordinance to safeguard wetland and riparian habitats from
erosion. Together, these measures aim to minimize environmental disturbances and ensure
the preservation of sensitive ecosystems throughout the construction process. With
implementation of these measures, MM-131O-3, MM-131O-4, and MM-131O-5, impacts to BIO-CU-1
would be minimized to less than significant.
vill. Biological Resources
Impact BIO-CU-2: The proposed project would potentially contribute to a cumulatively
considerable impact to riparian habitat or other sensitive natural communities.
Facts in Support of Finding: The proposed project's potential contribution to a cumulatively
considerable impact on riparian habitat or other sensitive natural communities necessitates
mitigation measures; MM-131O-1, MM-131O-2, MM-131O-4, and MM-131O-5. MM-131O-1 and MM-1310-
2 call for the implementation of on -site construction fencing to protect wetland and riparian
areas. These measures ensure that construction activities are confined within designated areas
and prevent inadvertent disturbances to sensitive habitats until the permanent outer wall is
constructed, safeguarding adjacent riparian and wetland habitats. Additionally, MM-131O-4
emphasizes the importance of adhering to strict environmental protocols on -site, such as
confining construction activities, implementing dust control measures, and maintaining site
cleanliness to prevent disruption to wildlife habitats. Furthermore, MM-131O-5 mandates
compliance with specific measures outlined in the Poway General Plan and Poway Grading
Ordinance to prevent degradation of wetland and riparian habitats from erosion during
construction. With implementation of these measures, MM-131O-1, MM-131O-2, MM-BIO_41 and
MM-131O-5, impacts to 131O-CU-2 would be minimized to less than significant.
ix. Biological Resources
Impact BIO-CU-3: The proposed project would potentially contribute to the cumulative impact
to jurisdictional waters and wetlands.
Facts in Support of Finding: The potential cumulative impact of the proposed project on
jurisdictional waters and wetlands requires mitigation measures, as outlined in MM-131O-1, MM-
1310-2, MM-131O-4, and MM-131O-5. MM-131O-1 and MM-131O-2 necessitate the installation of on-
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site construction fencing to protect wetland and riparian areas, ensuring that construction
activities remain confined within designated areas and prevent inadvertent disturbances to
sensitive habitats until the permanent outer wall is constructed, thereby safeguarding adjacent
jurisdictional waters and wetlands. MM-131O-4 underscores the importance of strict adherence
to on -site environmental protocols, including confining construction activities, implementing
dust control measures, and maintaining site cleanliness to prevent disruption to wildlife
habitats and minimize impacts on adjacent jurisdictional waters and wetlands. Additionally,
MM-131O-5 mandates compliance with specific measures outlined in the Poway General Plan
and Poway Grading Ordinance to prevent erosion and degradation of wetland and riparian
habitats, thereby safeguarding jurisdictional waters and wetlands from adverse cumulative
impacts during construction. With implementation of these measures, MM-131O-1, MM-131O-2,
MM-BIO_4, and MM-131O-5, impacts to BIO-CU-3 would be minimized to less than significant.
X. Cultural and Tribal Cultural Resources
Impact CUL-1: The proposed project has the potential to materially alter the structure of
the rock house (existing historic home, referred to as the Harmon House) through
construction -related vibration impacts.
Facts in Support of Finding: MM-CUL-1 would implement a comprehensive plan to
safeguard the historical significance of Harmon House during all phases of construction for
the proposed project. The project proponent is required to inform construction personnel
about the location and importance of Harmon House, along with the avoidance and
protective measures to be implemented when working nearby. A Qualified Architectural
Historian, meeting the Secretary of the Interior's Professional Qualifications Standards, will
be retained to develop a detailed plan in coordination with the City of Poway and the project
proponent. This plan includes procedures for reviewing construction plans to note Harmon
House's location, initial testing for potential vibration impacts, conducting preconstruction
and post -construction surveys to document the house's condition, and implementing
protective barriers. Monitoring procedures and notification protocols will be established,
and a technical memorandum documenting compliance with protective measures will be
submitted to the City of Poway for review and approval. The final approved plan must be
submitted before the commencement of work, and the technical memorandum
documenting pre -construction and post -construction conditions must be provided within
specific timelines to ensure the preservation of Harmon House. With implementation of the
comprehensive plan to safeguard the historic significance of Harmon House outlined in MM-
CUL-1, impacts to the existing historic home would be less than significant.
Xi. Cultural and Tribal Cultural Resources
Impact CUL-2: Project implementation may result in a substantial adverse change to the setting
of the Harmon House (existing historic home).
Facts in Support of Finding: Implementation of MM-CUL-2 would entail the development
and execution of a landscape plan for the northern boundary of the Harmon House property
in consultation with a Qualified Architectural Historian. This plan will aim to integrate visual
screening elements, particularly trees, to mitigate any potential visual impacts from the new
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development proposed to the north of the property. The project proponent will work closely
with the Qualified Architectural Historian to ensure that the landscape plan aligns with
preservation goals and standards. Furthermore, the execution of this landscape plan will be
documented within the technical memorandum detailing pre -construction and post -
construction conditions, as outlined in MM-CUL-1, to ensure adherence to preservation
measures throughout the project. With implementation of MM-CUL-2, impacts related to CUL-
2 would be less than significant.
xii. Cultural and Tribal Cultural Resources
Impact CUL-3: Ground disturbance during project construction could result in the potential to
unearth buried archaeological resources.
Facts in Support of Finding: MM-CUL-3 would implement an archaeological resources
monitoring program designed to mitigate potential impacts to undiscovered, buried, or
previously undetected elements of any archaeological resources within the project site,
subject to the satisfaction of the Lead Agency. This program encompasses several key
components, including the retention of a qualified archaeologist to oversee the monitoring
program and the engagement of a Traditionally Culturally Affiliated (TCA) Native American
representative to provide insight on culturally sensitive artifacts or landforms. The project
archaeologist and TCA Native American monitor will coordinate closely throughout the
monitoring process, which includes attending pre -grading meetings, conducting on -site
monitoring during grading activities, and taking appropriate action in the event of the
discovery of previously unidentified cultural resources. Additionally, protocols for the
treatment and disposition of human remains, if encountered during grading, are outlined in
accordance with relevant state codes. All cultural materials collected during the monitoring
program will be cataloged, analyzed, and curated according to professional standards, with a
comprehensive report documenting the monitoring program and any field investigations
submitted to the Lead Agency prior to the issuance of building permits. With implementation
of MM-CUL-3 impacts related to CUL-3 would be minimized to less than significant.
xiii. Cultural and Tribal Cultural Resources
Impact CUL-4: Discovery of human remains on -site would result in potentially significant impacts.
Facts in Support of Finding: MM-CUL-3 would implement an archaeological resources
monitoring program designed to mitigate potential impacts to undiscovered, buried, or
previously undetected elements of any archaeological resources within the project site,
subject to the satisfaction of the Lead Agency. This program encompasses several key
components, including the retention of a qualified archaeologist to oversee the monitoring
program and the engagement of a Traditionally Culturally Affiliated (TCA) Native American
representative to provide insight on culturally sensitive artifacts or landforms. The project
archaeologist and TCA Native American monitor will coordinate closely throughout the
monitoring process, which includes attending pre -grading meetings, conducting on -site
monitoring during grading activities, and taking appropriate action in the event of the
discovery of previously unidentified cultural resources. Additionally, protocols for the
treatment and disposition of human remains, if encountered during grading, are outlined in
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accordance with relevant state codes. All cultural materials collected during the monitoring
program will be cataloged, analyzed, and curated according to professional standards, with a
comprehensive report documenting the monitoring program and any field investigations
submitted to the Lead Agency prior to the issuance of building permits. With implementation
of MM-CUL-3 impacts related to CUL-4 would be minimized to less than significant.
xiv. Cultural and Tribal Cultural Resources
Impact CUL-5: If cultural resources are found at the project site, impacts related to tribal cultural
resources would be potentially significant.
Facts in Support of Finding: MM-CUL-3 would implement an archaeological resources
monitoring program designed to mitigate potential impacts to undiscovered, buried, or
previously undetected elements of any archaeological resources within the project site,
subject to the satisfaction of the Lead Agency. This program encompasses several key
components, including the retention of a qualified archaeologist to oversee the monitoring
program and the engagement of a Traditionally Culturally Affiliated (TCA) Native American
representative to provide insight on culturally sensitive artifacts or landforms. The project
archaeologist and TCA Native American monitor will coordinate closely throughout the
monitoring process, which includes attending pre -grading meetings, conducting on -site
monitoring during grading activities, and taking appropriate action in the event of the
discovery of previously unidentified cultural resources. Additionally, protocols for the
treatment and disposition of human remains, if encountered during grading, are outlined in
accordance with relevant state codes. All cultural materials collected during the monitoring
program will be cataloged, analyzed, and curated according to professional standards, with a
comprehensive report documenting the monitoring program and any field investigations
submitted to the Lead Agency prior to the issuance of building permits. With implementation
of MM-CUL-3 impacts related to CUL-5 would be minimized to less than significant.
xv. Geology and Soils
Impact GEO-1: If unexpected intact paleontological resources are unearthed during ground -
disturbing activities, then the proposed project could result in significant impacts to unique
paleontological resources or sites, or unique geologic features.
Facts in Support of Finding: MM-GEO-1 outlines a paleontological monitoring program to
address potential impacts to paleontological resources within areas of moderate to high
sensitivity before any grading activities commence. As per the Society of Vertebrate
Paleontology guidelines, a qualified paleontologist must be retained by the applicant and
present at the preconstruction meeting, with a paleontological monitor on -site during
significant ground -disturbing activities. If paleontological resources such as fossils are
discovered during grading or trenching, the monitor will temporarily halt or divert grading
activity to facilitate recovery, roping off the discovery area with a 50-foot radius buffer.
Recovered paleontological resources will undergo stabilization, preparation, cataloging, and
identification before being curated at an accredited fossil repository. Monitoring of specific
geologic units, such as the Pleistocene terrace deposits and the middle Eocene Friars
Formation, will be conducted full-time initially and adjusted based on monitoring results. In the
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event of well-preserved fossils, the qualified paleontologist has the authority to halt or redirect
construction activities for timely recovery. A detailed report summarizing monitoring and
recovery efforts, including a map of fossil site locations, will be submitted to the City of Poway
within three months of concluding monitoring activities. With implementation of MM-GEO-1
impacts related to GEO-1 would be minimized to less than significant.
xvi. Noise
Impact NOI-1: The project could result in potentially significant construction noise impacts upon
existing residences in the project vicinity.
Facts in Support of Finding: MM-NOI-1 mandates the preparation and submission of a
Construction Noise Management Plan (CNMP) by the project applicant/owner or construction
contractor to the City of Poway Planning Division for review and approval prior to the issuance
of a Construction Permit. This plan, prepared or reviewed by a qualified acoustician, outlines
detailed construction schedules correlated to on -site project activities and equipment types,
along with suggested locations for noise level monitoring. If noise levels exceed the City of
Poway's threshold, construction work must be suspended for the activity or phase in question,
and measures outlined in the CNMP, such as administrative or engineering controls, or noise
abatement measures, must be implemented and approved by the qualified acoustician before
work can resume. The CNMP also includes provisions for addressing community noise
complaints through a telephone hotline and outlines procedures for investigating and resolving
valid complaints, with documentation provided to the City of Poway Planning Division. The
effectiveness of implemented mitigation measures is documented and reported to ensure
ongoing compliance with noise thresholds. With implementation of MM-NOI-1 impacts to NO1-1
would be minimized to less than significant.
xvii. Transportation
Impact TRA-1: The proposed project would generate a VMT per capita over the regional threshold.
Facts in Support of Finding: MM-TRA-1 would provide alternative modes of transportation
information to residents and tenant as part of the "New Resident" or "New Tenant" package.
The HOA will also provide residents with transit schedules within the area, and alert
residents when new transit services are added, or services are charged. The HOA will also act
as Travel Advisor, providing new residents and tenants wit information regarding how
members of households can travel in alternative ways that meet their needs. Based on US
Census data, the average people per household within the City is 2.99. Therefore, the project
would be anticipated to have a total of 191 residents (2.99 people per household X 64 units).
All project residents would be targeted with the CBTP. (191 CBTP Targeted Residences/191
Total Residents) x 19% x 12% x1 = 2.3% VMT Reduction. With implementation of MM-TRA-1,
impacts related to TRA-1 would be minimized to less than significant.
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VI. FINDINGS REGARDING MITIGATION MEASURES WHICH ARE THE RESPONSIBILITIES
OF ANOTHER AGENCY (CEQA 21081(a)(2) AND CEQA GUIDELINES 15091 (a)(s))
The City, having reviewed and considered the information contained in the Final EIR and the
Record of Proceedings, finds pursuant to CEQA Section 21081(a)(2) and CEQA Guidelines Section
15091(a)(2) that there are no changes or alterations which could reduce significant impacts that
are within the responsibility and jurisdiction of another public agency.
VI I. FINDINGS REGARDING ALTERNATIVES (CEQA 21081(a)(3) and CEQA Guidelines
15091 (a)(3))
In accordance with Section 15126.6(a) of the Guidelines, an environmental impact report
(EIR) must contain a discussion of "a range of reasonable alternatives to a project, or the
location of a project, which would feasibly attain most of the basic objectives of the project
but would avoid or substantially lessen any of the significant effects of the project, and
evaluate the comparative merits of the alternatives." Section 15126.6(f) further states that
"the range of alternatives in an EIR is governed by the 'rule of reason' that requires the EIR to
set forth only those alternatives necessary to permit a reasoned choice." Thus, the following
discussion focuses on project alternatives that are capable of eliminating significant
environmental impacts or substantially reducing them as compared to the proposed project,
even if the alternative would impede the attainment of some project objectives, or would be
more costly. In accordance with Section 15126.6(f)(1) of the Guidelines, among the factors
that may be taken into account when addressing the feasibility of alternatives are: (1) site
suitability; (2) economic viability; (3) availability of infrastructure; (4) general plan consistency;
(5) other plans or regulatory limitations; (6)jurisdictional boundaries; and (7) whether the
proponent can reasonably acquire, control or otherwise have access to the alternative site.
As required in Section 15126.6(a), in developing the alternatives to be addressed in this
section, consideration was given to an alternative's ability to meet most of the basic objectives
of the project. Because the Harmon Ranch Specific Plan project will cause potentially
significant environmental effects unless mitigated, the City must consider the feasibility of any
environmentally superior alternatives to the project, evaluating whether these alternatives
could avoid or substantially lessen the potentially significant environmental effects while
achieving most of the objectives of the project.
The City, having reviewed and considered the information contained in the Final EIR and the
Record of Proceedings, and pursuant to Public Resource Code Section 21081(a)(3) and State CEQA
Guidelines Section 15091(a)(3), makes the following findings with respect to the alternatives
identified in the Final EIR (SCH No. 2023020009):
Specific economic, legal, social, technological, or other considerations, including
considerations of the provision of employment opportunities for highly trained workers,
make infeasible alternatives identified in the Final EIR (SCH No. 2023020009) as described
below, as well as any additional mitigation measures.
"Feasible- is defined in Section 15364 of the CEQA Guidelines to mean "capable of
being accomplished in a successful manner within a reasonable period of time,
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taking into account economic, environmental, legal, social, and technological
factors." The CEQA statute (Section 21081) and Guidelines (Section 15019(a)(3)) also
provide that "other" considerations may form the basis for a finding of infeasibility.
Case law makes clear that a mitigation measure or alternative can be deemed
infeasible on the basis of its failure to meet project objectives or on related public
policygrounds.
a) Alternatives under Consideration
The project alternatives are summarized below along with the findings relevant to
each alternative.
1. No Project/No Development Alternative
CEQA requires an evaluation of the "No Project' alternative so that decision makers
can compare the impacts of approving the proposed project with the impacts of not
approving it (California Public Resources Code, Section 21000 et seq.). According to CEQA
Guidelines Section 15126.6(e), the No Project Alternative must include the assumption
that conditions at the time of the Notice of Preparation (i.e., baseline environmental
conditions) would not be changed since the proposed project would not be
implemented.
The No Project/No Development Alternative assumes that the proposed project would
not be developed, which means there would be no residential, recreational, trail, and
other community and conservation uses developed on site. Traffic improvements
would not be constructed. None of the proposed project site would be permanently
preserved as open space. In its existing condition, the site would remain as an
undeveloped dirt lot with the four existing residences. Maintenance of the site would
not be required.
In comparing the No Project/No Development Alternative to the proposed project,
CEQA provides that the "lead agency should proceed to analyze the impacts of the no
project alternative by projecting what would reasonably be expected to occur in the
foreseeable future if the project were not approved, based on current plans and
consistent with available infrastructure and community services" (14 CCR
15126.6[e][3][C]).
Below, the No Project/No Development Alternative is compared to the proposed project
as though it would remain in its existing condition. The existing site, a mostly cleared and
primarily vacant dirt lot containing four existing single-family residences that was formerly
used as a construction staging yard for San Diego Gas & Electric Company, would retain
the underlying Poway Comprehensive Plan: General Plan (General Plan) land use
designations and zoning of Residential -Single Family Residential Single Family 7 (RS-7) and
would remain in its current condition.
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Potentially Significant Effects:
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The No Project Alternative would avoid all impacts identified under the proposed
project, as it would avoid any ground -disturbing activities, construction -related
emissions, and operational impacts associated with development. Under this
alternative, the site would remain in its existing environmental conditions.
Consequently, the No Project Alternative would result in no impacts through the
absence of development.
Findings and Supporting Facts:
By maintaining the site in its existing condition, devoid of any new development, this
alternative ensures the preservation of air quality, biological resources, cultural and
tribal cultural resources, geology and soils, and noise levels. The absence of ground -
disturbing activities and construction -related emissions eliminates the need for
mitigation measures proposed for the project, leading to a significant reduction in
potential impacts. Moreover, while the proposed project exacerbates transportation -
related impacts due to increased VMT, the No Project Alternative circumvents these
issues entirely by not contributing to additional vehicular traffic or infrastructure
demands. Thus, the comparison underscores the environmental efficacy of the No
Project Alternative as a means of minimizing adverse effects and preserving the
ecological integrity of the site. However, this No Project Alternative does not meet
any Project objectives or achieve any Project benefits.
2. Existing Zoning Alternative
The Existing Zoning Alternative would have the project site retain its original zoning
designation, Residential Single Family 7 (RS-7), instead of changing its zoning to
Planned Community (PC). RS-7 zones in the City of Poway permit single-family homes
on a minimum of 4,500-square-foot lots and a maximum density of 8 dwelling units
per acre (City of Poway 1991). Since the residential project area is 7.26 acres, that
means that the project site could have a maximum of 58 housing units, five fewer
than the proposed project's goal of 63 units. Although fewer units would be
developed, the footprint of disturbance to construct the reduced number of
residences would be roughly the same as the proposed project, since the lot sizes
would be larger.
Potentially Significant Effects:
The comparison of the effects between the proposed project and the Existing Zoning
Alternative would result in similar environmental impacts. Both scenarios pose
potential significant impacts on air quality, biological resources, cultural and tribal
cultural resources, geology and soils, noise, and transportation. Despite differences
in the number of residences constructed, the footprint of disturbance and associated
impacts remain consistent between the proposed project and the alternative.
Mitigation measures proposed for the project would similarly be required for the
alternative, indicating comparable levels of impact. This suggests that while the
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alternative may marginally reduce certain impacts due to a smaller scale of
development, it still necessitates similar mitigation efforts and yields parallel
environmental consequences to those of the proposed project.
Findings to Support Facts:
The findings outlined in the comparison highlight the comparable nature of the
potential effects between the proposed project and the Existing Zoning Alternative.
Mitigation similar to that proposed under the project would be required under this
alternative for all identified project impact areas. Despite comparable impacts on
the environment, the Existing Zoning Alternative would implement the Project
objectives to a lesser extent than the project by producing less housing and
implementing a project that is not master planned. This Alternative is ultimately
infeasible for these reasons, as well as financially infeasible.
3. Density Bonus Alternative
Under the Density Bonus Alternative, the project site would be developed with up to 92
lots utilizing the State's density Bonus Program. Four (4) of the proposed 92 units under
this Alternative would be designated as very low income units. The 92 units would be
single-family homes, with internal circulation and approximately 4,500 sf of open space
recreation area. This Alternative would use the allowed Density Bonus concession request
to reduce the zoned minimum lot sizes for the site from 4,500 sf to 2,400 sf.
A developer may acquire the right to develop at a specific density under State of
California Density Bonus Law (Government Code Sections 65915-65918). The State of
California's Density Bonus Law was established to promote the construction of
affordable housing units and allows projects' to exceed the maximum designated
density and to use development standard waivers, reductions or incentives and
concessions in exchange for providing affordable housing units in compliance with all
current density bonus regulations. The City is required to implement these state
requirements. The project proposes 63 total single-family homes, which is fewer than
the 92 allowed under the density bonus.
With approval of the Density Bonus, the City may not legally require a reduced number of
units the applicant is permitted to construct below the 92 single-family units proposed
under this Alternative. This Alternative would provide affordable housing on site to help
satisfy the State and City's current and future demand for housing.
Potentially Significant Effects:
Under the Density Bonus Alternative, there would be a substantial increase in housing
units, resulting in similar or increased impacts compared to the project. While both
scenarios entail similar ground -disturbing activities and construction -related
emissions, the Density Bonus Alternative introduces additional units, potentially
exacerbating impacts to air quality, biological resources, cultural and tribal cultural
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resources, noise, and transportation. This alternative, by allowing for the development
of more homes than the proposed project, could lead to longer durations of
construction -related emissions and increased traffic, necessitating additional
mitigation measures to address these heightened impacts. Consequently, compared
to the proposed project, the Density Bonus Alternative presents comparable or
potentially greater impacts.
Findings to Support Facts:
Despite offering the potential for affordable housing units, the Density Bonus Alternative
introduces significant environmental considerations, including heightened impacts on air
quality, biological resources, cultural and tribal cultural resources, noise, and
transportation. The increase in the number of units exacerbates existing environmental
concerns, potentially necessitating additional mitigation measures beyond those proposed
for the project. While the alternative aligns with state requirements aimed at promoting
affordable housing, it also underscores the need for careful consideration of
environmental impacts and further public outreach. This Alternative is not feasible
because it does not avoid any significant environmental impacts, but would only increase
those impacts.
Statement of Overriding Considerations
The City Council of the City of Poway adopts and makes this statement of overriding
considerations concerning the project's unavoidable significant impacts to transportation to
explain why the project's benefits override and outweigh its unavoidable impacts.
The City Council of the City of Poway finds that the project's significant environmental impacts
are acceptable when balanced with the project's benefits.
Each of the benefits cited below constitutes a separate and independent basis that justifies
approval of the project and outweighs the unavoidable adverse environmental effects of
approving the project, and thus make the adverse environmental effects acceptable. Thus,
even in the absence of one or more of the reasons set forth below, the City has determined
that each remaining reason, or any combinations of reasons, is a sufficient basis for approving
the project, notwithstanding any significant and unavoidable impacts that may occur.
1. Single -Family Housing: The project's proposed single-family homes and associated
amenities would support a reasonable share of the City's projected regional
population growth to help the City meet its required regional housing needs, as
detailed in the City's General Plan Housing Element and SANDAG's Regional Housing
Needs Assessment. The project would assist with the City's high demand of available
single-family homes.
2. Tax and Public Facilities Financing: The project will provide a stable and significant
source of property tax revenue for the City, which will be significantly increased
compared to existing conditions. The project will make a fair share contribution
towards the financing of public improvements and services, including police, fire,
parks and recreation, and roadway infrastructure through development impact fee
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payments.
3. job Creation: The project will boost the local economy by supporting construction
related jobs during the approximately 29 months of project construction.
4. Housing in Proximity to jobs and Services: The project would provide an opportunity
for workers to reside within in the City in close proximity to job centers within the City,
such as the City's business park, and other surrounding municipalities, which would
reduce VMT and other environmental impacts associated with longer commutes,
including air quality and noise. By providing reasonably priced housing in the City, the
project would also support the City's employers and their ability to attract quality
employees.
5. Designated Open Space: The project would designate approximately 3.2-acres of open
space area onsite, consisting of preserved biological habitat, usable open space
available to both residents of the site and the public, and designated non -useable
open space area. The site is currently not open to the public.
Conclusion
In light of the foregoing, and the information contained within the Final EIR and other portions
of the project record, the City concludes that implementation of the Harmon Ranch Specific
Plan Project will result in the development of a beneficial project as outlined above. The City
also finds that the benefits identified above outweigh and make acceptable the significant,
unavoidable environmental impacts associated with the Harmon Ranch Specific Plan Project
and, accordingly, adopts this Statement of Overriding Considerations.