Loading...
Res P-12-02 RESOLUTION NO. P -12 -02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 12 -01 AND DEVELOPMENT REVIEW 12 -01 ASSESSOR'S PARCEL NUMBERS 278 - 320 -10, 277 - 140 -13, 277 - 140 -14 WHEREAS, on July 30, 2002, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to a request by the City of Poway, under Conditional Use Permit (CUP) 02 -05 and Development Review (DR) 02 -15, to construct a 6,000- square -foot educational /interpretive center containing an outdoor amphitheater, outdoor biological exhibits, a 75 -space parking lot, and walkways on 8.5 -acres of a 16.3 -acre City -owned site located on the northeast corner of Espola Road and the Green Valley Truck Trail; and WHEREAS, the City of Poway is proposing an amendment of the July 30, 2002, approval under CUP 12 -01 and DR 12 -01 to modify the approved site plan to relocate and construct an outdoor amphitheater in the Blue Sky Ecological Reserve; and WHEREAS, on April 17, 2012, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to CUP 12 -01 and DR 12 -01. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: A Mitigated Negative Declaration for CUP 02 -05 was approved on July 30, 2002, that proposed the construction of a 6,000- square -foot educational /interpretive center, an outdoor amphitheater, and a 75 -space parking lot at the Blue Sky Reserve. The proposed amphitheater will be located in an area that was previously graded and the habitat loss mitigated. As the amphitheater will be located within the disturbed area, no new significant impacts are proposed and the previously issued Mitigated Negative Declaration adequately addresses any potential environmental impacts associated with this project. No additional environmental review is required, per State CEQA guidelines. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC) for the project are made as follows: A. The proposed location, size, design, and operating characteristics of the amphitheater are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the City General Plan, and the development policies and standards of the City in that amphitheaters are allowed with a Conditional Use Permit and the project complies with all development standards. B. The location, size, design, and operating characteristics of the proposed amphitheater will be compatible with and will not adversely affect or be materially detrimental to, adjacent uses, residents, buildings, structures, or natural resources Resolution No. P -12 -02 Page 2 in that the amphitheater will be located within a previously graded area and will be orientated away from most adjacent residential development. C. The proposed amphitheater is in harmony with the scale, bulk, coverage and density of, and is consistent with adjacent uses in that the proposed amphitheater is smaller than the previously approved amphitheater, will be located on an existing, previously developed area of the site, and will use natural colored materials to blend in with the surrounding native environment. D. There are adequate public facilities, services, parking, and utilities available at the subject site to serve the proposed amphitheater. E. There will not be a harmful effect upon the desirable surrounding property characteristics, in that the proposed amphitheater has been designed and sited such that it will be compatible with the surrounding hillside. The amphitheater will be approximately one -half the size of the previously approved amphitheater and situated to face fewer single - family homes. 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 proposed amphitheater will be used to support and supplement existing educational programs and will not generate significant additional traffic. Therefore, the proposed project is found to be consistent with the Circulation Element of the General Plan. G. The site is suitable for the type and intensity of use or development that is proposed, in that the proposed amphitheater is consistent with the amenities included in the 2002 approved site plan for the original project and located in an area within the footprint of the approved site plan. H. There will not be significant harmful effects upon environmental quality and natural resources, in that the proposed amphitheater is located on a previously graded area where the habitat impacts had been mitigated. Section 3: Pursuant to Government Code Section 66020, the design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary services and facilities will be available to serve this project. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety, and welfare. Section 4: The City Council hereby approves CUP 12 -01 and DR 12 -01, amending CUP 02 -05 and DR 02 -12, to relocate and construct an amphitheater in the Blue Sky Ecological Reserve as shown in the approved site plans on file with the City, subject to the following conditions: A. The conditions of approval established under prior entitlements approved for the project (CUP 02 -05 and DR 02 -12) through Resolution P -02 -37 shall remain in Resolution No. P -12 -02 Page 3 effect for the life of the project, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. B. Prior to Grading Permit issuance or removal of habitat, unless other timing is indicated, the following conditions shall be complied with: 1. To avoid potential impacts to the California Gnatcatcher and Coastal Sage Scrub (CSS), in accordance with Condition H of the Poway Habitat Conservation Program (HCP) Incidental Take Permit, a take of active California Gnatcatchers nests, which includes harassment of the bird due to grading noise and vibrations from February 15 through July 1, is not permitted. Therefore, grading during this time frame will only be permitted subject to the following conditions having been met to the satisfaction of the Director of Development Services. a. If grading or clearing is to occur between February 15 and July 1, a letter from a qualified biologist shall be submitted to the City that outlines a scope of work for a Gnatcatcher survey and a map for the area to be cleared and /or graded, and CSS habitat areas within 500 feet of such area. The biologist shall contact the U.S. Fish and Wildlife Service (USFWS) to determine the appropriate Gnatcatcher 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 in CSS habitat 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. b. The scope of work shall explain the survey methodology for the Gnatcatcher survey and the proposed Gnatcatcher nest monitoring activities during the clearing /grading operation if a Gnatcatcher nest is located within 500 feet of areas to be graded. c. Should the report show, to the satisfaction of the Director of Development Services, that Gnatcatcher nests are not present within the area to be graded/ cleared, or within CSS habitat located within 500 feet of said area, approval may be granted to commence clearing /grading within the Gnatcatcher nesting season from February 15 through July 1. d. 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 USFWS are implemented. There is no guarantee that grading will be allowed to resume. e. The biologist must attend the City's pre- construction meeting for the project and must be present onsite during all clearing /grading activities to monitor that the clearing /grading activities stay within the Resolution No. P -12 -02 Page 4 designated limits. If grading /clearing occurs between February 15 and July 1, the biologist shall also monitor and survey the habitat within the area to be cleared /graded, and any habitat within 500 feet of said area, on a weekly basis for any evidence that a Gnatcatcher nest(s) exists or is being built. Weekly monitoring summaries shall be submitted to the Planning Division. Should evidence of a Gnatcatcher nest(s) be discovered, the clearing /grading activities shall cease in that area and be directed away from the Gnatcatcher nest(s) to a location greater than 500 feet away from the nest(s). If clearing /grading is required to stop due to the presence of active nests, the applicant shall provide erosion control to the satisfaction of the City Engineer. This paragraph must be included as a note on the cover sheet of the clearing /grading plan. f. Upon completion of the clearing /grading activities, the applicant's biologist shall submit to the Director of Development Services a biological monitoring report summarizing the daily observations of the biologist, including whether any Gnatcatchers or evidence of active Gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area. g. If the Survey reports that Gnatcatcher nests are present within the area to be graded /cleared, or within CSS habitat located within 500 feet of said area, no grading will be allowed during the Gnatcatcher nesting season until such time as mitigation measures, to the satisfaction of the City and the USFWS, are implemented. 2. Project development could result in a significant construction noise impact on raptor species that may be nesting within 500 feet of the proposed development areas. If clearing or grading is planned to occur during the raptor breeding season (January 1 through September 15), pre- construction surveys shall be conducted to determine the presence or absence of raptor species within 500 feet of the proposed activity. If no raptors are detected, construction may commence. If an active raptor nest is determined to be present, the project biologist shall work with the City to develop avoidance and mitigation measures, which shall remain until all young have fledged. C. Prior to issuance of a Certificate of Occupancy 1. All new areas disturbed by grading, and not covered by the concrete improvements, shall be mulched and /or planted in accordance with the City of Poway's Landscape and Irrigation Design Manual guidelines. D. During Operation 1. All noise generated by the use of the amphitheater shall comply with the City's Noise Ordinance. Resolution No. P -12 -02 Page 5 Section 5: Pursuant to Government Code Section 66020(d)(1), the 90 -day period to protest the imposition of any fee, dedication, reservation, or other exaction described in this Resolution begins on April 17, 2012, any such protest must be in a manner that complies with Government Code Section 66020. In addition to the appeal requirements pursuant to the Government Code, a written appeal of this decision pursuant to the PMC must also be filed. Section 6: The approval of CUP 12 -01 and DR 12 -01 shall expire on April 17, 2014, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the project approval has commenced prior to its expiration. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 17th day of April 2012. c VIM Don Higginson, Mayo �ff ATTEST: Li • = . T oyan, MMC, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P -12 -02 was duly adopted by the City Council at a meeting of said City Council held on the 17th day of April 2012, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: DONE ABSENT: DONE DISQUALIFIED: DONE • a A Troyan, MMC, City Clerk Ci i • Poway