Res P-08-04
RESOLUTION NO P-08-04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING ENVIRONMENTAL ASSESSMENT 07-04
HIGH VALLEY EMERGENCY ACCESS ROAD
WHEREAS Environmental Assessment (EA) 07-04, City of Poway, Applicant,
proposes the construction of an emergency access road that will connect Eastvale Road
to Sunset Mountain Way and include the construction of a new 660-foot-long roadway
through a City-owned parcel located in the High Valley area, and
WHEREAS, the City Council has read and considered the Agenda Report for the
proposed project and has considered other evidence presented at the public hearing; and
WHEREAS, on March 4, 2008, the City Council held a public hearing on the
above-referenced item, to solicit comments from the public both pro and con.
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 Environmental Assessment 07-04 and public
comments received on the EIS and MND The subject EIS and MND documentation
are fully incorporated herein by this reference The City Council finds, on the basis of
the whole record before it, that there is no substantial evidence the project will have a
significant impact on the environment, that the mitigation measures contained in the EIS
and Exhibit A hereof will mitigate potentially significant impacts to a less than significant
level, and that the MND reflects the independent judgement and analysis of the City
The City Council hereby approves the MND and the associated Mitigation Monitoring
Program attached to this Resolution as Exhibit A.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (HCP), a
biological survey was prepared for the project, which reported that grading would impact
approximately 0 9 acres of Diegan Coastal Sage Scrub (DCSS) The mitigation
requirements associated with land development in the City of Poway are based on recorded
habitat types, the presence of sensitive species, and other factors The appropriate
mitigation ratio, as it applies to impacts to DCSS habitat on the subject property, is 2: 1
To mitigate for the loss of the DCSS, the City is proposing that 1 8 acres of onsite DCSS
habitat be placed in a Biological Conservation Easement (BCE) as required mitigation. Per
the City's HCP Implementing Agreement, a final mitigation and monitoring and reporting
program will be provided to the wildlife agencies in concert with permit applications and
prior to commencement of project activities. In accordance with the Poway HCP, the
required findings for approval of the proposed mitigation for the removal of CSS for EA 07-
04 are as follows
Resolution No P-08-04
Page 2
A. The mitigation is consistent with and furthers the implementing objectives of the
Poway Habitat Conservation Plan in that the City proposes to mitigate 0 9 acres of
removed CSS at a 2:1 ratio
B Preservation of such habitat within the Mitigation Area will contribute toward the
building of the Blue Sky - Mt. Woodson Cornerstones and the ultimate total
Mitigation Area preserve system of the PSHCP Therefore, such habitat preservation
will serve to enhance the long-term viability and function of the preserve system.
C The habitat preserved through onsite dedication will be to the long-term benefit of
the PSHCP covered species and their habitats in that the recordation of a Biological
Conservation Easement Deed over undisturbed and unencumbered habitat will
promote a meaningful addition to the assembly of parcels within the Blue Sky -
Mt. Woodson Cornerstones that will aid in the preservation of a viable regional
system of 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 onsite habitat within
the Blue Sky - Mt. Woodson Cornerstones will contribute towards assembling
parcels within the Blue Sky - Mt. Woodson Cornerstones and the total Mitigation Area
preserve system.
E. The mitigation will not result in a negative fiscal impact with regard to the successful
implementation of the Poway Habitat Conservation Plan in that the subject
mitigation land is owned in fee title and managed by the City of Poway
Section 3. The City Council hereby approves Environmental Assessment 07-04, to
allow the construction of an emergency access road that will connect Eastvale Road to
Sunset Mountain Way and include the construction of a new 660-foot-long roadway
through a City-owned parcel subject to the following conditions
A. The site shall be developed in accordance with the approved site plans on file in
the Development Services Department and the conditions contained herein. The
applicant shall comply with the Poway Municipal Code, and all other applicable
codes and ordinances.
B Prior to Grading Permit issuance, unless other timing IS indicated, the
applicanUdeveloper shall complete the following:
1 Submittal of a request for and hold a pre-construction meeting with a
City Engineering Inspector The applicanUdeveloper shall be responsible
that necessary individuals, such as, but not limited to, contractors,
subcontractors, project civil engineer and project soils engineer must attend
the preconstruction meeting
Resolution No P-08-04
Page 3
2. The limits of approved habitat removal shall be clearly shown on the grading
plan and staked in the field prior to commencing grading. Construction
staking is to be 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 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.
Construction crews should be made fully aware of these boundaries.
3 A separate erosion control plan for prevention of sediment runoff during
construction that will contain Best Management Practices such as an
effective method of hillside erosion and sediment control, a material storage
site, measures to protect construction material from being exposed to storm
runoff, and other means to effectively eliminate pollutants from entering the
drainage channel. The applicant/developer shall make provisions to ensure
proper maintenance of all erosion control devices.
4 Erosion control, including, but not limited to, de-silting basins shall be installed
and maintained from Oct. 15th to April 15th. An erosion control plan shall
be prepared as part of the grading plan. The applicanUdeveloper shall make
provisions to ensure proper maintenance of all erosion control devices.
5 Staging areas for equipment and materials should not be located in proximity
to the drainage or on unmitigated habitat areas The applicant shall contact
the Planning Division to determine if a Temporary Use Permit is required for
the staging areas.
6 Non-supervised or non-engineered fill is not allowed Rock disposal areas
shall be graded in compliance with City-approved soils recommendations
and the approved grading plans.
7 A drainage system capable of handling and disposing of all surface water
originating within the development and all surface water that may flow onto
the development from adjacent lands shall be constructed
8 Prior to the issuance of a Grading Permit or approval of an Administrative
Clearing Permit, whichever occurs first, the City shall mitigate the permanent
removal of 0 9 acres of Diegan Coastal Sage Scrub (DCSS) at the rate of 2: 1
A Biological Conservation Easement (BCE) over 1 8 acres of onsite CSS
shall satisfy the mitigation requirement. An additional 23 3 acres of the
habitat site shall be placed in an Open Space Easement. The BCE shall be
approved by the Director of Development Services, and shall be notarized
and recorded with the County of San Diego In compliance with the HCP,
the City shall re-zone the mitigation land to Open Space-Resources
Management to insure its permanent preservation
Resolution No P-08-04
Page 4
9 Permanent signs and fencing, as may be deemed necessary by the Director
of Development Services, shall be erected to delineate the limits of the
Biological Conservation Easement on the site
10 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
11 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 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 clearing/grading operation.
12. 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.
13 A Right-of-Way Permit shall be obtained from the Engineering Division of
the Development Services Department for any work to be done in a public
street rights-of-way or City-held easements.
Resolution No P-08-04
Page 5
C Compliance with the following conditions is required prior to use of the facility
1 Knox padlocks shall be placed on all access gates.
2. Evacuation route signs shall be placed along the length of the emergency
access route beginning at the intersection of Markar and Eastvale Roads,
subject to the satisfaction of the Fire Marshal.
3 The contractor shall repair, to the satisfaction of the City Engineer, any and
all damages to existing private and public road improvements caused by
construction activity from this project.
4 All manufactured slopes of greater than 5 1 slope shall be planted in
accordance with the Poway General Plan and the City of Poway Guide to
Landscape Requirements.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 4th day of March 2008
Michael P Cafagn , or
ATTEST
;;jl:n~~
L. Diane Shea, City Clerk
Resolution No P-08-04
Page 6
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-08-04, was duly adopted by
the City Council at a meeting of said City Council held on the 4th day of March 2008, and
that it was so adopted by the following vote
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT NONE
DISQUALIFIED' NONE
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City of Poway