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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.