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