Res P-07-40
RESOLUTION NO. P-07-40
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 07-01
ASSESSOR'S PARCEL NUMBER 322-011-06
WHEREAS, Conditional Use Permit (CUP) 07-01 is proposed by the City of Poway
to establish a "Park and Riden facility. which would also function as a parking lot forthe Iron
Mountain Trail. on approximately 4 acres on the east side of State Route (SR) 67 at the
Poway Road intersection. in the Rural Residential A zone, and;
WHEREAS, the proposed facility consists of 107 parking spaces, restrooms, minimal
site lighting necessary for security. a trail connection to the existing Iron Mountain Trail
south of the site via a bridge crossing over a natural drainage area. and northbound and
southbound turning lanes into the site from, and within the right-of-way, of SR 67; and
WHEREAS, the proposed facility is located on private property, owned by Poway
Iron Mountain Estates, and an easement to enable establishment of the facility was
recorded on the property under San Diego County Recorder's Office document number
2006-0626197. and;
WHEREAS, on August 14. 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. BE IT RESOLVED by the City Council of the City of Poway
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 Conditional Use Permit 07-01. 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 in 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: Pursuant to the City of poway Habitat Conservation Plan (Poway
HCP), a biological report for the proposed project by Marquez and Associates Biological
Consultants (dated February 20. 2007) was submitted for the property. Project
development will permanently impact approximately 1.2 acres of non-native grassland
habitat on-site, inside of the Mitigation Area of the HCP. In accordance with the Poway
HCP. the required findings for approval of the proposed mitigation forthe removal of habitat
for the project are as follows:
Resolution No. P-07-40
Page 2
A. The proposed project is inside of the Mitigation Area of the Poway HCP. Per the
HCP, habitat impact mitigation is required at the rate of 2:1 for non-native grassland
that supports an HCP covered species. Accordingly. 2.4 acres is required
mitigation. The mitigation requirement will be satisfied by permanent preservation
of 2.4 acres of habitat on a 20-acre. City-owned property located in the Van Dam
Peak Cornerstone. which is within the Mitigation Area. The 2.4 acres of habitat
shall be placed within a Biological Conservation Easement (BCE). Therefore. the
mitigation is consistent with and furthers the implementing objectives of the Poway
HCP.
B. Preservation of such habitat within the Mitigation Area will contribute toward the
building of the ultimate total Mitigation Area preserve system of the HCP. Therefore,
such habitat preservation will serve to enhance the long-term viability and function
of the preserve system.
C. The habitat preserved in the Van Dam Peak Cornerstone/Mitigation Area will be to
the long-term benefit of the Poway Subarea Habitat Conservation Plan (PSHCP)
covered species and their habitats in that the recordation of a BCE over undisturbed
and unencumbered habitat (see "An above) will promote a meaningful addition to the
assembly of a viable regional system of uninterrupted natural habitat resources.
habitat linkages. buffers, and wildlife corridors.
D. The preserved habitat will foster the incremental implementation of the PSHCP in
an effective and efficient manner in that the preservation of offsite conservation
area(s) will be within the Van Dam Peak Cornerstone/Mitigation Area within the
City. and will contribute likewise towards assembling the total Mitigation Area
preserve system.
E. The preserved habitat will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP as the subject mitigation lands will be
dedicated to the City of Poway in fee title and placed within permanent public
Biological Conservation Easement Deed.
Section 3: The findings. in accordance with Section 17.48.070 of the Poway Municipal
Code, for CUP 07-01 to establish a Park and Ride. which would also function as the Iron
Mountain Trail parking lot. consisting of 107 parking spaces, restrooms. minimal lighting
for security, and a trail connection with a bridge crossing over a natural drainage area. in
the Rural Residential A zone, are made as follows:
A. The proposed location, size, design. and operating characteristics of the facility are
in accord with the title and purpose of Chapter 17.48 of the Poway Municipal Code
(Conditional Use Permit Regulations), the City's General Plan, and the development
policies and standards of the City in that the use is allowed with the approval of a
Conditional Use Permit.
Resolution No. P-07-40
Page 3
B. The location. size, design, and operating characteristics of the facility
will be compatible with and will not adversely affect or be materially detrimental
to adjacent uses, buildings, or structures in that the facility is located in a sparsely
developed area and it has been designed to minimize impacts of nearby properties.
C. The proposed use is in harmony with the scale, bulk, coverage, and density
of, and is consistent with, adjacent uses in that the facility is located in a sparsely
developed area and it has been designed to minimize impacts of nearby properties.
D. There are adequate public facilities, services. and utilities available at the subject
site to serve the facility.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the facility is located in a sparsely developed area and it has
been designed to minimize impacts of nearby properties.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the General
Plan in that the level of service of the streets in the area is at an acceptable level,
and the facility will be in use primarily during off-peak daytime hours and weekend
hours.
G. There will not be significant harmful effects upon environmental quality and natural
resources in that the facility will mitigate for impacts to 1.2 acres of habitat and is in
compliance with the Poway Subarea Habitat Conservation Plan.
Section 4: The City Council hereby approves CUP 07-01 to establish a Park and
Ride/Iron Mountain Trail parking lot facility consisting of 107 parking spaces, restrooms.
minimal site lighting necessary for security. a trail connection to the existing Iron Mountain
trail south of the site with a bridge crossing over a natural drainage area, and northbound
and southbound turning lanes into the site on, and within the right-of-way of, SR 67, as
shown on the plans dated January 9,2007, subject to the following conditions:
A. Approval of this CUP shall apply only to the subject project and shall not waive
compliance with all sections of the Zoning Ordinance and all other applicable City
Ordinances in effect at the time of Building Permit issuance.
B. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding uses.
C. The conditions of this CUP shall remain in effect for the life of the project.
D. CUP 07-01 may be subject to annual review. as determined by the Director of
Development Services. for compliance with the conditions of approval and to
address concerns that may have been raised during the prior year.
Resolution No. P-07-40
Page 4
E. Prior to issuance of a Grading Permit:
(Engineering)
1. A grading plan for the development of the lot prepared on a City of Poway
24n x 36n Standard Mylar sheet preferably at a scale of 1" = 20'. shall be
submitted along with a Grading Permit application and applicable fees to the
Development Services Engineering Division. A grading plan submittal list
is available at the Development Services front counter. The grading plan
shall include the following:
a. All new slopes with a maximum 2:1 (horizontal to vertical) slope.
Tops and toes of graded slopes shall be shown with a minimum
five-foot setback from open space areas and property lines. Buildings
shall be located at least five feet from tops and toes of slopes, unless
waived by the Planning Division and/or Engineering Division prior to
issuance of a Grading Permit.
b. The entry approach shall be an alley-type curb return.
c. Elevations of any curbs, gutters. and parking areas to demonstrate
site drainage.
d. A separate erosion control plan for prevention of sediment run-off
during construction.
e. All utilities (proposed and existing). together with their appurtenances
and associated easements. Encroachments are not permitted upon
any easement without an approved Encroachment AgreemenUPermit.
f. Locations of all utility boxes. clearly identified in coordination with the
respective utility companies. and approved by the City prior to any
installation work.
2. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work. and shall be submitted with the
grading plan.
3. A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable
of handling and disposing all surface water within the project site and
all surface water flowing onto the project site from adjacent lands. Said
system shall include all easements required to properly handle the drainage.
Concentrated flows across driveways are not permitted.
4 The grading plans shall demonstrate the project's compliance with the City's
Standard Urban Stormwater Mitigation Plan Ordinance.
Resolution No. P-07-40
Page 5
5. If grading for this project is to disturb one acre or more, the property owner
shall file with the State Regional Water Quality Control Board a Notice of
Intent (NOI) for coverage under the statewide General Permit that covers
storm water discharges. Proof of filing of the NOI and an assigned Waste
Discharge Identification Number shall be submitted to the Development
Services Department - Engineering Division. Applications may be obtained
by contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court. Suite 100
San Diego, CA 92123
(858) 467-2952
6. If grading for this project is to disturb one acre or more. the property owner
shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that
effectively addresses the elimination of non-storm runoff into the storm drain
system. The SWPPP shall include, but not be limited to. an effective method
of hillside erosion and sediment control; a de-silting basin with a capacity
of 3,600 cubic feet of storage per acre drained, or designed to remove fine
silt for a 10-year. 6-hour storm event; a material storage site; measures
to protect construction material from being exposed to storm runoff;
protection of all storm drain inlets; onsite concrete truck wash and waste
control: and other means of Best Management Practices to effectively
eliminate pollutants from entering the storm drain system. The engineer
shall certify the SWPPP prior to issuance of the Grading Permit.
7. The applicant shall attend a preconstruction meeting. at which time they
shall present an Action Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for erosion control can be provided using one or more of the
following guidelines:
a. Provide an onsite de-silting basin with a volume based on 3.600 cubic
feet per tributary acre drained.
b. Cover all flat areas with approved mulch.
c. Install an earthen or gravel bag berm that retains three inches of
water over all disturbed areas prior to discharge, effectively creating a
de-silting basin from the pad.
8. Construction staking is to be installed by the owner and inspected by the
Engineering Inspector prior to any clearing, grubbing, or grading. As a
minimum, all protected areas as shown on the project plans are to be staked
Resolution No. P-07-40
Page 6
by a licensed surveyor and delineated with lathe and ribbon. A written
certification from the engineer of work or a licensed surveyor shall be
provided to the Engineering Inspector stating that all protected areas are
staked in accordance with the approved project plans.
9. The applicant or the applicant's contractor shall obtain a permit from Caltrans
to allow construction within the right-of-way of State Highway 67.
(Planning)
10. Prior to the issuance of a Grading or Administrative Clearing Permit,
mitigation for impacts to 1.2 acres of non-native grassland habitat is required
at a ratio of 2:1. for a total of 2.4 acres. Mitigation shall be satisfied by
permanently preserving 2.4 acres of habitat within the Mitigation Area to the
satisfaction of the Director of Development Services.
11. The limits of approved habitat removal shall be clearly shown on the grading
plan and staked in the field prior to commencing grading.
12. Prior to the issuance of a Grading or Administrative Clearing Permit for work
associated with establishment of the trail extension and bridge crossing
over the ephemeral drainage area. the applicant shall consult with the
appropriate State and Federal permitting agencies regarding the ephemeral
drainage located on the site and the bridge crossing. The applicant shall
submit documentation of the project's compliance with the permitting
agencies requirements to the City if required, and shall incorporate any
permitting agency requirements into the project plans to the satisfaction of
the Director of Development Services.
13. 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 Clearing/Grading 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 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
Resolution No. P-07-40
Page 7
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 c1earing/grading 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 grading/clearing 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.
14. If during grading of the site. archeological resources or human remains are
discovered. all work shall be stopped immediately and the applicant shall
contact the City. The applicant shall be responsible for obtaining the services
of a qualified professional to assess the discovery and for the preparation of
an action plan to handle the discovery in full compliance with all State and
Federal laws
15. If grading or clearing of the site is to occur between March 1 and September
1, within 3 days of beginning the work, a biologist shall conduct a survey to
ensure that nesting migratory birds. which are protected under Fish and
Game Code sections 3503. 3503.5, and 3800, will not be impacted. If an
active nest is identified a fenced nest buffer zone shall be established
between construction activities and the nest so that the nesting activities are
not interrupted. The buffer zone should be a minimum width of 300 feet (500
feet for raptors). delineated by temporary fencing, and remaining as long as
construction is occurring or until the nest is no longer active. No project
construction shall occur within the fenced nest zone until the young have
fledged, are no longer feed by the parents. and have left the nest. A report
documenting these activities shall be prepared by the biologist and submitted
to the Planning Division.
F. Prior to moving the self-contained. pre-fabricated restroom structure on the site.
architectural elevations, or pictures from a manufacturer's brochure, depicting the
exterior appearance of the structure shall be submitted for review and approval to
the satisfaction of the Director of Development Services. Exterior color and roof
materials shall be earth tone in color.
Resolution No. P-07-40
Page 8
G. No Building Permit is required for the proposed restroom structure since it is a
prefabricated structure with no plumbing. Electrical permits will be required for the
site lighting. Plans for the Electrical Permit shall show the location of all lighting,
and note that the lighting will be low-pressure sodium.
H. Prior to the removal of any existing lane striping. an assessment of the paint to be
removed shall be conducted by a qualified professional. The conclusion of the
assessment shall be provided in a letter report to the City. Should the results of the
assessment indicate that the paint to be removed contains lead, the report shall
provide recommendations for removal procedures. and disposal of the material.
The City shall incorporate the recommendations of the report into the project plans
and shall provide this information to Caltrans prior to their issuance of an
Encroachment Permit for work to be conducted in the SR 67 right of way.
I. Upon completion of grading and construction of improvements of the site. and prior
to the use of the parking lot by the public. the following shall be completed:
(Engineering)
1. The site shall be developed in accordance with the approved site plans and
conditions of approval on file in the Development Services Department and
the conditions contained herein. Grading shall be in accordance with the
City Grading Ordinance. the approved grading plan, the approved soils
report, and grading practices acceptable to the City.
2. Erosion control. including, but not limited to. de-silting basins, shall be
installed and maintained by the developer throughout construction of the
project.
3. Rough grading shall be completed and meet the approval of the City
inspector and shall include submittal of the following:
a. A certification of line and grade for the parking lot prepared by the
engineer of work.
b. A final soil compaction report for review and approval by the City.
4. The entrance driveway. drainage facilities, slope landscaping and protection
measures. utilities, and parking lot shall be constructed. completed, and
inspected by the Engineering Inspector.
5. An adequate drainage system capable of handling and disposing all surface
water shall be provided to the satisfaction of the Engineering Inspector.
Large concentrated flows over the driveway and onto the street are not
permitted.
Resolution No. P-07-40
Page 9
6. Record drawings of the grading plans. signed by the engineer of work, shall
be submitted to Development Services prior to a request of occupancy. per
Section 16.52.130B of the Grading Ordinance. Record drawings shall be
submitted in a manner to allow the City adequate time for review and
approval prior to issuance of occupancy and release of grading securities.
Section 5: The approval of CUP 07-01 shall expire on AUQust 14. 2009. at 5:00 p.m..
unless the applicant has obtained a Building Permit pursuant to this approval prior to the
expiration date.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 14th day of August 2007.
ATTEST:
~k~
L. Diane Shea. City Clerk
Resolution No. P-07-40
Page 10
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I. L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-07-40. was duly adopted by the City
Council at a meeting of said City Council held on the 14th day of August 2007, and that it
was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON. REXFORD. CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
;S"~t:C~
City of Poway
Resolution No. P-07 -40
Page 11
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR CUP 07-01
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.
To ic
Biology
Miti ation Measure
1. Prior to the issuance of a Grading
or an Administrative Clearing Permit,
mitigation for impacts to 1.2 acres of
non-grassland habitat is required at a
ratio of 2: 1 , for a total of 2.4 acres.
Mitigation shall be satisfied by
permanently preserving 2.4 acres of
habitat within the Mitigation Area to
the satisfaction of the Director of
Development Services.
2. The limits of approved habitat
removal shall be clearly shown on the
grading plan and staked in the field
prior to commencing grading.
3. Prior to the issuance of a Grading
or Administrative Clearing Permit, the
applicant shall consult with the
appropriate State and Federal
permitting agencies regarding
ephemeral drainage located on the
site and the bridge crossing. The
applicant shall submit documentation
of the ro'ect's com Iiance with the
Timin
Prior to the
issuance of a
Grading
Permit, or
Administrative
Clearing
Permit.
Prior to City of Poway
grading
Prior to the City of Poway
issuance of a
Grading
Permit or
Administrative
Clearing
Permit.
Resolution No. P-07-40
Page 12
Topic Mitigation Measure Timina Responsibilitv
permitting agencies requirements to
the City if required, and shall
incorporate any permitting agency
requirements into the project plans, to
the satisfaction of the Director of
Development Services.
4. In accordance with Condition H of
the PSHCP Incidental Take Permit, a
take of active California Gnatcatcher Prior to the City of Poway
nests. which includes harassment of issuance of a
the bird due to grading noise and Grading
vibrations from February 15 through Permit or
July 1, is not permitted. Therefore, Administrative
any grading or clearing during this Clearing
timeframe will only be permitted Permit.
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 Clearing/Grading
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
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 araded, or if CSS
Resolution No. P-07 -40
Page 13
TODic Mitigation Measure Timintl Responsibilitv
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
c1earing/grading 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 grading/clearing 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.
5. If grading or clearing of the site is
to occur between March 1 and
September 1, within 3 days of
beginning the work, a biologist shall
conduct a survey to ensure that
nesting migratory birds, which are
protected under Fish and Game Code
sections 3503, 3503.5, and 3800, will Prior to the City of Poway
not be impacted. If an active nest is issuance of a
identified a fenced nest buffer zone Grading
shall be established between Permit.
construction activities and the nest so
that the nesting activities are not
interrupted. The buffer zone should
be a minimum width of 300 feet (500
feet for raptors). delineated by
Resolution No. P-07-40
Page 14
Topic Mitigation Measure Timing Responsibility
temporary fencing, and remaining as
long as construction is occurring or
until the nest is no longer active. No
project construction shall occur within
the fenced nest zone until the young Prior to the City
have fledged, are no longer feed by removal of
the parents, and have left the nest. A any existing
report documenting these activities traffic lane
shall be prepared by the biologist and paint striping
submitted to the Planning Division.
Archeology 6. If, during grading of the site,
archeological resources or human
remains are discovered, all work shall
be stopped immediately and the
applicant shall contact the City. The
applicant shall be responsible for
obtaining the services of a qualified
professional to assess the discovery
and for the preparation of an action
plan to handle the discovery in full
compliance with all State and federal
laws
Hazardous 7. Prior to the removal of any existing
Materials lane striping, an assessment of the
paint to be removed shall be
conducted by a qualified professional.
The conclusion of the assessment
shall be provided in a letter report to
the City. Should the results of the
assessment indicate that the paint to
be removed contains lead. the report
shall provide recommendations for
removal procedures, and disposal of
the material. The City shall
incorporate the recommendations of
the report into the project plans and
shall provide this information to
Caltrans prior to their issuance of an
Encroachment Permit for work to be
conducted in the SR 67 right of way.