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Res 90-136 RESOLUTION NO. 90-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM, AND ADOPTING WRITTEN FINDINGS FOR IDENTIFIED SIGNIFICANT EFFECTS FOR THE SENIORS VILLAGE PROJECT SCH NO. 89010087 CITY OF POWAY: LEAD AGENCY WHEREAS, the City of Poway received a proposed land use and zoning application concerning 16.29 acres of undeveloped land located on the northeast corner of Pomerado Road and Metate Lane, and owned by Douglas Keyes, applicant; and WHEREAS, on June 19, 1990, the City Council approved a resolution initiating the consideration of the proposed project at the General Plan Amendment 90-02 public hearing on June 26, 1990; and WHEREAS, the subject application consists of a General Plan Amendment (GPA 90-02A) concerning an amendment to the project's land use designation and companion zone change (ZC 90-02A) APN 317- 211-04; and WHEREAS, the City of Poway as lead agency caused the preparation of a draft EIR for the project application, completed the environmental document and circulated the draft EIR for a 45 day public review period from March 22, 1990 to May 7, 1990; and WHEREAS, pursuant to recently enacted State legislation (AB 3180), a mitigation monitoring/reporting program has been prepared to ensure the successful implementation of all mitigation measures identified in the final EIR, and said program is contained in the final EIR and also attached hereto as Exhibit A; and WHEREAS, the City Council held a properly noticed public hearing on June 26, 1990 to consider the subject final environmental impact report including the response to public comments, the mitigation monitoring/reporting program, the candidate written findings for identified significant effects, and also considered the aforementioned land use and planning applications in accordance with the California Government Code and the California Environmental Quality Act; and WHEREAS, the city of Poway as lead agency and decision-maker, desires to certify the final EIR and carry out the proposed project; and Resolution No.90-136 Page 2 WHEREAS, the final EIR identifies significant environmental effects of the project for which the lead agency must make one or more of the written findings in accordance with Sections 15091- 15092 of the of the California Administrative Code/CEQA Guidelines, and the requisite written findings are contained in Exhibit B attached hereto. NOW, THEREFORE, the City Council of the City of Poway as lead agency and decision-maker, pursuant to Section 15090 of the State CEQA Guidelines, does resolve to hereby certify that: The subject final EIR for the aforementioned project applications has been prepared and completed in compliance with the California Environmental Quality Act and the city of Poway Procedures to Implement CEQA; and The subject final EIR for the aforementioned project application was presented to the City Council who reviewed and considered the information contained in the document including the response to comments and the mitigation monitoring/reporting program, and the candidate finding for identified significant effects, and considered all testimony received at the June 26, 1990 public hearing prior to acting on the project. The City Council also certifies that the subject environmental document adequately addresses the environmental impacts of the proposed project applications. The City Council of the City of Poway, as lead agency and decision-maker, does hereby further resolve that: Pursuant to the provisions of Section 21081.6 of the Public Resources Code (AB 3180), the City Council hereby adopts the mitigation monitoring and reporting program contained in the final EIR and within Exhibit A hereof; and e The written findings contained in Exhibit B hereof have been prepared in accordance with State CEQA Guidelines Sections 15091-15092 and are hereby adopted by this resolution. Resolution No. 90-136 Page 3 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 26th day of June 1990. ATTEST: Don Higginson, M~r Wahlsten, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. 90-136 , was duly adopted by the City Council at a meeting of said city Council held on the 26th day of June , 1990, and that is was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON NONE NONE NONE Marjo~i~ K. Wahlsten, City Clerk City o~Poway WP~GPA90-02.A1 Resolution No. 90-136 Page 4 MITIGATION MEASURES AND MITIGATION MONITORING PROGRAM ENVIRONMENTAL IMPACT REPORT SENIORS VILLAGE GENERAL PLAN AMENDMENT AND COMPANION ZONE CHANGE GPA/ZC 89-04B SCH#890100 Prepared for: The City of Poway Planning Department 13202 Poway Road Poway, California 92064 Prepared by: The Keith Companies 151 Kalmus, Building B Costa Mesa, California 92626 9789-LDL-11208-X EXHIBIT a Resolution No. 136 Page 5 INTRODUCTION 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 designed to ensure compliance during project implementation." The Seniors Village general plan amendment and companion zone change EIR includes a proposed mitigation reporting or monitoring program for each recommended mitigation measure. This program is designed to ensure compliance with the California Environmental Quality Act and to ensure that mitigation measures are implemented. This Mitigation Measure and Mitigation Monitoring Program Booklet summarizes the environmental impacts associated with the project and recommended mitigation measures as well as the mitigation reporting or monitoring program. A copy of this booklet will be distributed to all City Departments having a responsibility to ensure that the adopted mitigation measures are implemented. 9789-LDL-11208-X Resolution No. 90-136 Page 6 TABLE OF CONTENTS SECTION 1.0 2.0 3.0 Unavoidable Environmental Impacts Significant Environmental Impacts Mitagation Measures and Mitigation Monitoring/Reporting Program PAGE M-1 M-2 M-4 9789-LDL-11208-X Resolution No. 90-136 Page 7 Letter C - Charles White, State of California Department of Water Resources, November 14, 1989 c-1 Currently, the City of Poway's reclaimed water system does not extend to or near the project site. The grey water system in place precludes use of reclaimed water at the project site currently and is not expected to be modified to serve the project site in the near future. A comprehensive program to use reclaimed water for irrigation purposes will be incorporated in project design plans where feasible. The proposed park is an opportunity for construction of a well to irrigate the park with ground water which would then recharge the ground water table naturally. The well is also a potential source of water for project landscaping. Project landscaping will include use of drought tolerant plant species where feasible. Proposed grading, irrigation, creek bed revegitation and project landscaping will be completed with emphasis on erosion control. In addition, low-flow water facilities will be incorporated in project design where feasible. Compliance will be verified through the plan check and permit issuance process for building, plumbing, electrical, and mechanical permits for the project. 9878-DMV-11208-EIR/B xvi Resolution No. 90-136 Page 8 1.0 Unavoidable Impacts · Impacts related to biology and transportation will be reduced with mitigation but are considered unavoidable after implementation of measures listed in Section 3.0 of this report. These impacts are discussed in the following section. Bioloq7 Project implementation will result in alteration of 1.64 acres of Riparian Woodland and 0.85 acres of Freshwater Marsh. Project implementation will also result in a net loss of species relying on canopy cover. This loss of wetland and related loss of species is an unavoidable adverse consequence of this project which will not be completely mitigated with implementation of mitigation measures listed in Section 3.0 of this report. Transportation Project-related construction will create temporary congestion during construction hours for the duration of the construction phase of this project. Constr~ction-related congestion is a temporary unavoidable adverse impact. In addition, project implementation will incrementally add to cumulative congestion on Poway Road. Unavoidable adverse consequences of this project related to transportation may not be completely mitigated with implementation of measures listed in Section 3.0 of this report. The development of the property will generate approximately 700 average daily trips (ADT) during week days. The ADTs resulting from the project are not significant but will incrementally add to the traffic conditions of the surrounding area including Poway Road. Most of the project-related trips will not occur during peak hours. Aesthetics The development of the project site in conjunction in the project vicinity will cumulatively alter the character of the surrounding area by intensifying the level of developed land uses in the City of Poway. The alteration of views associated with development of the site is considered an unavoidable adverse impact. This impact is not project-specific, it would occur as a result of any residential type of development. 9789-LDL-11208-X M-1 Resolution No. 90-136 Page 9 Hydroloqy Increase volumes of surface water runoff due to the proposed development, with runoff from the surrounding urban development, will cumulatively impact the stream hydrograph response thereby potentially increasing the volume of water accumulating in downstream retention impoundments. These impacts are not expected to be significant. The large areas of paving of the project and of the surrounding urban developed areas will cumulatively restrict the quantity of rainfall available to locally recharge the ground water table. This impact is not expected to be significant. 9789-LDL-11208-X M-2 Resolution No. 90-136 Page 10 Significant Environmental Impacts Ail significant project impacts related to soils and geology, hydrologic resources, land use and planning, cultural resources, health, safety and nuisance factors, and aesthetics will be reduced to a level of insignificance with implementation of mitigation measures listed in Section 3.0 of this booklet. Soils and Geoloq~ Project implementation requires importation of fill soils; Building pads will be elevated approximately ten to eighteen feet above natural grade; Shallow groundwater is anticipated, therefore groundwater may be encountered during grading activities but is not expected to impact the proposed project after grading; The site may be susceptible to liquefaction potential related to seismic shaking; and, Seismic shaking due to movement on nearby faults could impact the project. Hydroloqic Resources Project implementation will result in increased impervious surfaces and increased runoff; and, Project implementation will require alteration of 100-year flood boundaries. Bioloqy Project implementation will result in alteration of 1.64 acres of Riparian Woodland and 0.85 acres of Freshwater Marsh. A net loss of 0.8 acres of wetland will occur; and, Project implementation will result in loss of species relying on the riparian canopy cover. Land Use and Planninq Considerations Project implementation requires a general plan amendment and zone change to increase allowable residential density; Project implementation involves intensification of existing land uses; and Project implementation will require the allocation of sewer capacity to the project site for 178 multiple-family dwellings. 9789-LDL-11208-X M-3 Resolution No. 90-136 Page 11 Transportation Project-related construction will create temporary congestion; Project implementation will increase traffic trips on Metate Lane; Project implementation will incrementally add to traffic congestion on Poway Road. Cultural Resources Archaeological/Paleontological resources could be found during grading and construction activities. ~ealth, Safety and Nuisance Factors Temporary, short-term noise impacts related to project construction are expected; and, Cumulative noise impacts on Pomerado Road will exceed the 60dB CNEL level. Aesthetics Project implementation will result in the removal of the primary open space feature in the project vicinity and in construction of thirteen buildings up to 29 feet high; and, Project implementation will introduce additional artificial lighting to the area. 9789-LDL-11208-X M-4 Resolution No. 9~-136 Page 12 3.0 me Mitigation Measures and Mitigation Monitoring/Reporting Program . .' 3.1 Soils and Geoloq¥ Recommended Mitigation Measures A comprehensive geotechnical investigation including additional development specific subsurface exploration and testing, shall be performed to evaluate subsurface conditions and included in final development and improvement plans to provide preliminary recommendations for grading/earthwork, foundations and slabs, and other pertinent design considerations to the satisfaction of the City of Poway Building and Public Services Departments. The potential of liquefaction shall be addressed by subsequent, subsurface explorations at the project site and testing prior to issuance of building permits to the satisfaction of the City of Poway Public Services Department. Both cut and/or fill slopes shall be designed at a maximum of 1:2 up to 15 feet in height. Such criteria shall be reflected on grading plans 'prior to issuance of building permits to the satisfaction of the City of Poway Public Services DePartment. Both cut and fill slopes shall be inspected by a geologist/soils engineer during construction to the satisfaction of the City of Poway Public Services Department. Ail grading plans and grading work performed on the site shall be in accordance with the City's grading code/ordinance to the satisfaction of the City of Poway Public Services Department. Prior to the issuance of grading permits, an erosion control plan shall be submitted to the City to the satisfaction of the City of Poway Public Services Department. Ail proposed structures with the project site shall be designed and constructed in accordance with seismic safety design criteria specified in the latest building code. Such criteria shall be reflected on building plans to th~ satisfaction of the City of Poway Building Department. Level of Significance After Mitigation Mitigation measures provided in the preceding section will reduce potential earth resource impacts to levels of insignificance. 9789-LDL-11208-X M-5 Resolution No. 90-136 Page 13 Proposed Mitigation Reporting or Monitoring Program Building plans will be reviewed during the Development Review process to ensure that the proposed structures conform to the requirements of the Uniform Building Code and other seismic design standards adopted by the City of Poway. The City's building inspection process will ensure that the buildings are constructed according to the requirements of the Uniform Building Code. Drainage and storm drain plans will be prepared by the project applicant and submitted to ~he City for review. The City Public Services Department will review these plans for adequacy during the development review process. The required drainage facilities will be incorporated into the project design plans or included as conditions of approval of the Development Review Permit. The actual installation of the improvements will be included in the City's Public Services inspection process. Note: See the Hydrology/Drainage/Water Quantity section (Section 3.2) of this EIR for additional monitoring measures concerning drainage. 9789-LDL-11208-X M-6 Resolution No. 90-136 Page 14 3.2 Hydroloqic Resources Recommended Mitigation Measures Grading plans shall be prepared which indicate that building pad elevations are raised above the flood level elevation established by San Diego County Flood Control District and the City of Poway to the satisfaction of the City of Poway Public Services Department. 9e The project proponent shall prepare a design plan for on- site drainage facilities. This shall be designed in accordance with and reviewed by the San Diego Flood Control District and the City of Poway. The system should be adequately sized to control both the storm water generated on-site plus the 100-year storm flows to the satisfaction of the City of Poway Public Services Department. 10. Prior to issuance of grading permits for the proposed project, a hydrological analysis of the planned grading and its effect on the 100-year floodplain boundaries designated by the County of San Diego Flood Control District shall be completed by the project applicant and approved by San Diego County Flood Control Distridt and the City of Poway. The Study shall also consider drainage effects to other properties and will be completed to the satisfaction of the City of Poway Public Services Department and the San Diego Flood Control District and integrated with proposed project design. 11. Channel improvement plans and calculations for Poway Creek shall be reviewed and approved by the City of Poway, County of San Diego and the Federal Emergency Management Agency and all necessary permits obtained prior to grading operations on site. Level of Significance after Mitigation Impacts will be reduced to levels of insignificance with implementation of mitigation measures. Proposed Mitigation Reporting or Monitoring Program Grading plans will be reviewed during the development review process by the City of Poway Public Services Department, the County of San Diego and the Federal Emergency Management Agency to insure that building pad elevations are raised above the flood level established by the San Diego County Flood Control District. The City's field inspection process will insure that building pads are constructed in accordance with County and City Standards. 9789-LDL-11208-X M-7 Resolution No. 90-136 Pag.e 15 Site improvement plans shall be reviewed during the development review process by the City of Poway Public Services Department and the San Diego Flood Control District and the Federal Emergency Management Agency to insure that an adequate drainage system is implemented to control storm water and 100-year storm flows. The City's field inspection process will insure this drainage system is installed according to plans. A hydrologic analysis of the planned grading and its effects on the 100-year flood plan boundaries designated by the County of San Diego Flood Control District and drainage effects to other properties will be reviewed by the City of Poway Public Services Department and the San Diego Flood Control District to insure that there are no associated impacts after mitigation measures #1 and #2 above are implemented. 9789-LDL-11208-X M-8 Resolution No. 90-136 Page 16 3.3 Bioloq~ Recommended Mitigation Measures It is unlikely that the project could be built without some remedial measures to control flooding of the project by Poway Creek. For this reason, it is recommended that consideration be given to reducing impacts through some channel redesign and associated wetland mitigation efforts. The following measures are recommended for consideration and, if implemented appropriately, could adequately mitigate impacts to a level of non-significance. 12. The channel design should be unarmored and wide enough to maintain a 100-year flood volume under fully vegetated (Riparian Woodland) conditions. 13. A Manning's Roughness coefficient of 0.18 to 0.22 should be used for hydrologic calculations. 14. The channel bottom and slopes should be revegetated to Riparian Woodland habitat in accordance with an adequate prepared revegetation program. 15. The channel should be protected by a natural open space and flowage easement which limits channel maintenance activities. These activities should be limited to maintenance to remove weedy exotic species and control erosion only. Maintenance activities should be in accordance with the approved revegetation plan and be approved by the california Department of Fish and Game. 16. The necessary permits shall be obtained from the Department of Fish and Game (1603 Streambed Alteration Agreement) and the Army Corps of Engineers (404 Pe=mit, Nationwide Permit). In addition, other measures addressed during the State and Federal permitting process shall be incorporated in project design or implemented by the project applicant. Level of Significance After Mitigation The loss of .08 acres of wetland is an unavoidable adverse impact. All other project-related impacts will be reduced to a level of insignificance. Proposed Mitigation Reporting or Monitoring Program It is the intent of the'city of Poway to develop a comprehensive program that would resolve the lO0-year flooding issues on-site resulting in an enhanced riparian habitat for Poway Creek that would ultimately surpass the Creek's existing environmental quality. 9789-LDL-11208-X M-9 Resolution No. 90-136 Page 1 7 Measures 12, 13, 15, and 19, relating to channel design and required permits for alteration will be incorporated with project-related improvements plans. The city of Poway Public Services Department Army Corps of Engineers and the State · Department of Fish and Game will review project plans to insure compliance with these measures prior to issuance of grading permits. Likewise, the City of Poway along with State Fish and Game and the Army Corps of Engineers will review revegetation plans to ensure that the proposed design is suitable to the site and proposed project prior to recordation of final map. 9789-LDL-11208-X M-10 Resolution No. 90-136 Page 18 3.4 Land Use and Planninq Considerations Recommended Mitigation Measures 17. The project applicant shall obtain all required discretionary approvals including a General Plan Amendment, Zone Change and sewer capacity allotment. 18. Development of the subject site shall be in substantial. confo£mance with the submitted site plan and elevation plans to the satisfaction of the City of Poway Planning Services Department. 19. Final site development plans including floor plans, elevation plans and landscaping and irrigation plans shall be reviewed and approved by the City of Poway Planning Services Department prior to issuance of building permits. 20. Maintenance of the subject property, prior to construction of the proposed project, shall be in accordance with City Standards. Once constructed, improvements shall be properly maintained to include landscaping, private streets, and perimeter walls to the satisfaction of the City. Level of Significance After Mitigation With implementation of the pr'oposed mitigation measures, anticipated project impacts related to land use will be mitigated to a level of insignificance. Proposed Mitigation Reporting or Monitoring Progr-m Ail recommended mitigation measures would be incorporated into project design plans or included as conditions of approval of the development review permit. The City Planning Services Department will ensure that the measures are incorporated on project plans prior to issuance of building permits. The installation of the improvements, will be verified as part of the City's filled inspection process. 9789-LDL-11208-X M-ii Resolution No. 90-136 Page 19 3.5 TransDortation Recommended Mitigation Measures The following mitigation measures are recommended to improve roadway capacity and access and circulation. Roadway Capacity: Though mitigation is not necessary since affected roadways would be afforded improved capacity (LOS C or better), as constructed by the South Poway Planned Community project, the following is recommended as possible mitigation to further alleviate impacts to roadways. 21. The applicant shall widen Metate Lane as a secondary road with an ultimate curb-to-curb width of 40 feet within a 60- foot wide right-of-way to the satisfaction of the City of Poway Public Services Department. 22. Construction hours shall be limited to between 7:00 a.m. and 7:00 p.m. on weekdays and Saturdays during non-peak hours. Access and Circulation: If the two access entrances are provided as currently proposed, the following mitigation measures are recommended to further improve internal circulation and' safe access into the site. The final map shall reflect the following: 23. Provide one entrance to the Park's parking lot and eliminate six parking spaces from the middle row of the parking lot. 24. Provide a two-way left lane on Metate Lane from Montauk Street to Pomerado Road. 25. Provide a fire and emergency gate on Metate Lane at the southeast corner of the site. 26. The allignment of the project entrance shall be opposite Rancho Caballo Road. Level of Significance After Mitigation Assuming that affected roadways are improved as required for the South Poway Planned Community, the affected roadways would have adequate capacity to accommodate the proposed Seniors Village development. No mitigation is required. Roadway Capacity mitigation measure No. 21 is recommended to further provide assurance that adequate capacity would be afforded Metate Lane. No significant impacts will remain following implementation of mitigation measure No. 21 and construction of required roadway improvements associated with the South Poway Planned Community. 9789-LDL-11208-X M-12 Resolution No. 90-136 Page 20 Mitigation Measures Nos. 22 to 26 recommend site plan revisions to improve internal circulation and safe access to the site. Though the existing site plan is generally functional, implementation of these measures will further improve circulation and safe access. Proposed Mitigation Reporting or Monitoring Program Ail of the recommended mitigation measures would be incorporated into the project design plans or included as conditions of approval of the Development Review Permit. The city Engineering and Planning Departments will ensure that the measures are incorporated in the project plans during the development review process. The actual installation of the improvements will be verified as part of the City's field inspection process. Mitigation Measure No. 21 will require the applicant to improve Metate Lane in conjunction with site development. Mitigation Measure Nos. 22 to 26 will be incorporated into project design plans as part of Final Plan approval. 9789-LDL-11208-X M-13 Resolution No. 90-136 Page 21 3.6 Cultural Resources Recommended Mitigation Measures 27. If cultural resources are uncovered during construction/grading operations, these operations shall cease and a qualified archaeologist shall be notified for an on-site inspection. 28. Any recovered cultural resources shall be described in a professional report and recorded with the San Diego County Archaeological Society. 29. Any recovered resourbes shall be placed with Poway Historical Museum. Level of Significance after Mitigation Project-related impacts are not expected; however, if resources are encountered during site preparation and construction, implementation of the above listed measures will reduce impacts to a level of insignificance. Proposed Mitigation Reporting or Monitoring Program Ail of the recommended mitigation measures would be implemented by the City of Poway via the established field inspection process for grading operations. 9789-LDL-11208-X M-14 Resolution No. 90-136 Page 22 3.7 Health, Safety and Nuisance Factors Recommended Mitigation Measures 30. The contractor shall ensure that all construction and general maintenance activities, except in an emergency, shall be limited to the hours of 8:00 a.m. and 5:00. p.m. and prohibited on Sunday and all legally proclaimed holidays. 31. The contractor shall ensure that the operation or any machine or equipment which produce a noise level greater than 75 dB over an eight (8) hour average will be prohibited. 32. The City shall continue to consider measures and programs to reduce project-related trip generation via car pooling, ride share, etc., 33. Prior to final plan approval,the applicant shall indicate on all plans, the construction of a noise barrier (e.g. wall and/or berm) along Pomerado Road or a suitable alternative to the satisfaction of the City of Poway. 34. The applicant shall prepare an acoustical analysis prior to filing of the subdivision m~p and design review to verify that the proposed site design meets the City of Poway exterior noise exposure standard of 60 dB CNEL for maximum noise-sensitive land uses. Depending upon proposed setback and assumptions regarding ultimate City traffic volumes, some mitigation may be necessary along Metate Lane, especially near the Pomerado Road corner where Pomerado traffic creates elevated background noise levels. The applicant shall adhere to all mitigation recommended in the analysis. 35. Prior to Certificate of Occupancy, the applicant shall acquire an acoustical certification to verify that structural attenuation achieves Code compliance. Level of Significance After Mitigation Recommended mitigation measures will reduce all short- and long- term impacts to a level of insignificance. Proposed Mitigation Reporting or Monitoring Program The City's building inspector will be responsible for verifying project compliance of Mitigation Measures Nos. 30 and 31. Regarding Mitigation Measure No. 32, the City Planning Services of Public Services Departments will continue to formulate incentive programs to encourage ride sharing in the City. Measures 33 to 35 will be ensured through the City's plan check review and inspection process for building permits and will be verified by the City Planning Services Department. 9789-LDL-11208-X M-15 Resolution No. 90-136 Page 23 3.8 Aesthetics Recommended Mitigation Measures 36. The project proponent shall comply with the lighting requirements provided within The City of Poway ordinance. Such lighting techniques shall be incorporated into the project design and reflected in project site plans. 37. The proposed project shall include an approximate 85 to 120 foot set back/buffer along the southern project boundaries and approximate 110 to 120 foot setbacks from single-family buildings to the east. 38. The project proponent shall incorporate into final site plans a roof line limit for buildings 10, 12, and 13 of no more than one story. Buildings 1, 5, and 6 shall be limited to 12 units so not more than 50 percent of the building will be two stories and 50 percent will be one story. 39. The proposed project shall be built in substantial conformance with the site plan and elevation included as Figures 1-1 and 3-16 of this report. Level of Significance after Mitigation Implementation of the planned mitigation measures will reduce potential aesthetic/visual quality impacts to a level of insignificance. Mitigation Monitoring or Reporting Program The City of Poway Planning Department will review development plans prior to issuance of building peamits to ensure compliance with Mitigation Measures 1 through 4 listed above. 9789-LDL-11208-X M-16 Resolution No. 90-136 Page 24 FINDINGS, FACTS IN SUPPORT OF FINDINGS ~ STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE ENVIRONMENTAL IMPACT REPORT FOR SENIORS VILLAGE me INTRODUCTION A. STATE I~%W The' State Guidelines ("Guidelines") promulgated pursuant to the California Environmental Quality Act ("CEQA") provide: (a) No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of 'those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (hereinafter referred to as "finding (1) ". ) (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency (hereinafter referred to as "finding (2)".) (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (hereinafter referred to as "finding (3)".) findings required by subsection (a) shall be in the record ..... (b) The supported by substantial evidence (Guidelines Section 15091). Resolution No. 90-136 Page 25 ii FINAL EIR The following findings are made relative to the conclusions of the Final Environmental Impact Report (FEIR) for the proposed Seniors Village Project. The project involves development of 16.29 areas of vacant land with a public park and a Senior Citizens development. The project proposes a four-acre neighborhood park and a 178-unit Senior Citizens Complex. The project also includes creek improvements (to Poway Creek and street and drainage improvements along Metate Road. The project application includes a General Plan Amendment (GPA 89-04B) and companion Zone Change (ZC 89-04B) . These findings are made pursuant to Section 21081 of the California Resource Code and Sections 15091 and 15092 of the California Administrative Code. The City of Poway, as lead agency and decision maker, having reviewed and considered the information contained in the Final EIR for the project and the public record, finds, pursuant to CEQA and CEQA State Guidelines, that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as idehtified in the Final EIR with respect to the areas of (1) Soils and Geology; (2) Hydrology; (3) Biology; (4) Land Use and Planning Consideratiions; (5) Transportation; (6) Health, Safety and Nuisance Factors; and, (7) Aesthetics. The City of Poway makes the following findings: FINDINGS REGARDING MITIGATED IMPACTS ~ND IMPACTS THAT CANNOT BE MITIGATED TO A LE¥=L OF INSIGNIFICANCE The following sets forth all significant effects of the project identified in the Final EIR, and with respect to each effect, makes one or more of the findings set forth in the Introduction above, states facts in support of such findings and, as appropriate, refers to the Statement of Overriding considerations which is attached hereto. The FEIR and the administrative record concerning the Seniors Village Development project provide additional facts in support of the findings herein: 9741-LDL-11247-EIR 2 Resolution No. 90-136 Page 26 A · FINDINGS Soils and Geology ae Significant Effect: Project implementation would require importation of fill soils, compaction and recontouring for drainage. Finding: The Poway City Council hereby makes finding (1). Facts in Support of Findings: The following measures will result in substantial mitigation of project effects to a level of insignificance. (1) Both cut and/or fill s%opes shall be designed at a maximum of 1:2 up to 15 feet in height. Such criteria shall be reflected on grading plans prior to issuance of building permits to the satisfaction of the City of Poway Public Services Department. (2) Both cut - and fill slopes shall be inspected by a geologist/soils engineer during construction to the satisfaction of the City of Poway Public Services Department. (3) Ail grading plans and grading work performed on the site shall be in accordance with the City's grading code/ordinance to the satisfaction of the City of Poway Public Services Department. (4) Prior to the issuance of grading permits, an erosion control plan shall be submitted to the City to the satisfaction of the City of Poway Public Services Department. (5) The facts in support of finding II.la hereby are incorporated by reference. significant Effect: Grading activities could intercept shallow ground water during the construction phase of development. Findings: The Poway City Council hereby makes finding (1). 9741-LDL-11247-EIR 3 Ce Resolution No. 90-136 Page 27 Facts in Support of Findinqs: The following measures will result in substantial mitigation of project effects to a level of insignificance. (1) A comprehensive geotechnical investigation including additional development specific subsurface exploration and testing, shall be performed to evaluate subsurface conditions and included in final development and improvement plans to provide' preliminary recommendations of grading/earthwork, foundations and slabs, and other pertinent design considerations to the satisfaction of the city of Poway Building and Public Services Departments. (2) Available fill soils up to 18 feet deep will be imported to the site. (3) The facts in support of finding II.lb hereby are incorporated by reference. Siqnificant Effect: Ground shaking caused by an earthquake event within the region may be potentially damaging to structures within the site. Findinqs: The Poway city Council hereby makes finding (1). Facts in Support of Findings: The following measures will result in substantial mitigation of project effects to be a level of insignificance: (1) All proposed structures with shall be designed and constructed in accordance with seismic safety design criteria specified in the latest building code. Such criteria shall be reflected on building plans to the satisfaction of the city of Poway Building Department. (2) The facts in support of finding II.lC hereby are incorporated by reference. Siqnificant Effect: Liquefaction potential at the project site is considered low to moderate. Findinqs: The Poway City Council hereby makes finding (1). Facts in Support of Findings: The following measures will result in substantial mitigation of project effects to a level of insignificance. 9741-LDL-11247-EIR 4 Resolution No. 90-136 Page 28 Hydrology (1) (2) The potential of liquefaction shall be addressed by subsequent, subsurface explorations at the project site and testing prior to issuance of building permits to the satisfaction of the City of Poway Public Services Department. The facts in support of finding II.id hereby are incorporated by reference. (a) (b) Si~nificant Effect: Increased impervious surface area of the site and increased estimated surface water runoff. Findings: The Poway City Council hereby makes finding (1). Facts in Support of Findings: The following measures will result in substantial mitigation of project effects to a level of insignificance: (l) (2) The project proponent shall prepare'a design plan for on-site drainage facilities. This shall be designed in accordance with and reviewed by the San Diego Flood Control District and the C~ty of Poway. The system should be adequately sized to control both the storm water generated on-site plus the 100- year storm flows to the satisfaction of the City of Poway Public Services Department. The facts in support of finding II.2a hereby are incorporated by reference. Significant Effect: Poway Creek would be improved and connected to existing storm drain facilities; channel improvements include implementation of erosion control measures, such as rip rap and revegation. Finding: The Poway City Council hereby makes finding (1). Facts in Support of Finding: The following measures will result in substantial mitigation of project effects to a level of insignificance. 9741-LDL-11247-EIR Resolution No. 90-136 Page 29 (1) Channel improvement plans and calculations for Poway Creek shall be reviewed and approved by the City of Poway, County of San Diego and the Federal Emergency Management Agency and all necessary permits obtained prior to grading operations on site. (2) The facts in support of finding II.2b are incorporated by reference. {c) Siqnificant Effect: Alteration of the 100-year flood boundaries as indicated on SDC Flood Control District Maps. Findinq: The Poway City Council hereby makes finding (1) Facts in Support of Findinqs: The following measures will result in substantial mitigation of project effects to a level of insignificance: (1) Prior to issuance of grading permits for the proposed project, a hydrological analysis of the'planned grading and its effect on the 100- year floodplai~ boundaries designated by the County of San Diego Flood Control District shall be completed by the project applicant and approved by'San Diego County Flood Control District and the City of Poway. The Study shall also consider drainage effects to other properties and will be completed to the satisfaction of the City of Poway Public Services Department and the San Diego Flood Control District and integrated with proposed project design. Grading plans shall be prepared which indicate that building pad elevations are raised above the flood level elevation established by San Diego County Flood Control District and the City of Poway to the satisfaction of the City of Poway Public Services Department. (3) The facts in Support of finding II.2C are hereby incorporated by reference. 3. Bioloq7 (a) siqnificant Effect: Channelization of Poway Creek and project development will likely lead to loss of species relying on canopy cover and woodland elements of all or major portions of their habitat. 9741-LDL-11247-EIR Resolution No. 90-136 Page 30 Findinqs: The City Council hereby makes finding (1), (2) and (3). Facts in Support of Findinqs: Although the following measures will result in a substantial mitigation of this impact, it cannot be feasibly mitigated to a level of insignificance. The remaining unavoidable effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. (~) The channel design should be unarmored and wide enough to maintain a lO0-year flood volume under fully vegetated (Riparian Woodland) conditions. (2) A Manning's Roughness coefficient of 0.18 to 0. 22 should be used for hydrologic calculations. (3) The channel bottom and slopes should be revegetated to Riparian Woodland habitat in accordance with an adequate prepared revegation program. (4) The channel should be protected by a natural open space and flowage easement which limits channel maintenance activities. These activities should be limited to maintenance to remove weedy exotic species and control erosion only. Maintenance activities should be in accordance with the approved revegetation plan and be approved by the California Department of Fish and Game. (5) The necessary pexmits shall be obtained from the Department of Fish and Game (1603 Streambed Alteration Agreement) and the Army Corps of Engineers (404 Permit, Nationwide Permit). In addition, other measures addressed during the state and Federal permitting process shall be incorporated in project design or implemented by the project applicant. (6) During the permitting processes for the Department of Fish and Game and Army Corps of Engineers, a refined creek program will be designed and implemented according to the agency's policies and procedures. One of the policies for issuance of 404 permits by the Army Corps of Engineers is a requirement for replacement of all wetland habitat. 9741-LDL-11247-EIR 7 Resolution No. 90-136 Page 31 (7) Facts in support of finding II.3A hereby are incorporated by reference. 4. Land Use and Planninq Considerations (a) Si=nificant Effect: The project involves intensification of land use beyond existing single- family residential uses in the area and will require a general plan amendment zone change, Parcel map, statement of sewer availability and sewer hook-up. Findinqs: The Poway City Council hereby makes finding (1) Facts in support of Findinqs: The following measures will result in substantial mitigation of project effects to a level of insignificance: (i) The project applicant shall obtain all required discretionary approvals including a General Plan Amendment, Zone Change and sewer capacity allotment. (2) Development of the subject site shall be in substantial conformance with the submitted site plan an~ elevation plans to the satisfaction of the C'ity of Poway Planning Services Department. (3) Final site development plans including floor plans, elevation plans and landscaping and irrigation plans shall be reviewed and approved by the City of Poway Planning Services Department prior to issuance of building peimits. (4) Maintenance of the subject property, prior to construction of the proposed project, shall be in accordance with City Standards. Once constructed, improvements shall be properly maintained to include landscaping, private streets, and perimeter walls to the satisfaction of the City. (5) Facts in support of finding II.4a hereby are incorporated by reference. 9741-LDL-11247-EIR Resolution No. 90-136 Page 32 5. Trans~ (a) Siqnificant Effect: The project will incrementally add to traffic volumes on Poway Road, which will be a significant cumulative impact. Findings: The city of Poway hereby makes finding (1). Facts in Support of Findinqs: The. following measures will result in a substantial mitigation of project effects to levels of insignificance. (1) Affected roadways would be afforded improved capacity (LOS C or better), as constructed by the South Poway Planned Community project. (2) Facts in support of finding II. 5a hereby are incorporated by reference. (b) Siqnificant Effect: Short-term temporary congestion and impacts to circulation from construction activities could occur. (i). The Poway City Council hereby makes finding Facts in Support of Findings: The .following measures will result in a substantial mitigation of project effects to levels of insignificance. (i) Construction hours shall be limited to between 7:00 a.m. and 7:00 p.m. on weekdays and Saturday during non-peak hours. (2) Facts in support of finding II. 5b hereby are incorporated 'by reference. (c) siqnificant Effect: Diminished internal circulation for the park and senior citizens development. ~: The Poway City Council hereby makes finding (i). Facts in SupDort of Findtnqs: The following measures will result in a substantial mitigation of project effects to levels of insignificance. (i) Provide one entrance to the park's parking lot and eliminate six parking spaces from the middle row of the parking lot. (2) Provide a two-way left lane on Metate Lane from Montauk Street to Pomerado Road. 9741-LDL-11247-EIR 9 Resolution No. 90-136 Page 33 (3) Provide a fire and emergency gate on Metate Lane at the southeast corner of the site. (4) Provide only one entrance to the site. Alignment of the project entrance shall be opposite Rancho Caballo Road. (5) Facts in support of finding II. incorporated by reference. Health, Safety and Nuisance Factor.~ (a) (a) 5b hereby are SiGnificant Effect: Short-term noise impacts related to construction activities. Findings: (1). The Poway City Council hereby.makes finding Facts in support of Findings: The following measures will result in a substantial mitigation of project effects to levels of insignificance. (].) The contractor shall ensure that all construction and general maintenance activities, except in an emergency shall be limited to the hours of 7:00 a.m. and 7:00 p.m. and prohibited on Sunday and all legally proclaimed h~lidays. The contractor shall ensure that the operation of any machine or equipment which produce a noise level greater than 75 dB over an eight (8) hour average will be prohibited. (3) Facts in support of finding II. 6a hereby are incorporated by reference. SiGnificant Effect: Long-term noise impacts related to traffic. Findings: (1). The Poway City Council hereby makes finding Facts in Support of Findings: The following measures will result in a substantial mitigation of project effects to levels of insignificance. The City shall continue to consider measures and programs to reduce project-related trip generation via car pooling, ride share, etc. 9741-LDL-11247-EIR 10 Resolution No. 90-1.36 Page 34 (2) Prior to final plan approval, the applicant shall indicate on all plans the construction of a noise barrier along Metate Lane or a suitable alternative to the satisfaction of the City of Poway. (3) The applicant shall prepare an acoustical analysis prior to filing of the subdivision map and design review to verify that the proposed site design meets the City of Poway exterior noise exposure standard of 55 dB CNEL for maximum noise-sensitive land uses. Depending upon proposed setback and assumptions regarding ultimate city traffic volumes, some mitigation may be necessary along Metate Lane, where traffic creates elevated background noise levels. The applicant shall adhere to all mitigation recommended in the analysis. (4) Prior to Certificate of Occupancy, the applicant shall acquire an acoustical certification to verify that structural attenuation achieves Code compliance. (5) Facts in support of finding II. 6b hereby are incorporated by reference. 7. Aesthetics (a) Siqnlficant Effect: Construction of twenty-nine foot high buildings in an area mostly developed with twenty- foot high buildings. Findinqs: (1). The Poway City Council hereby makes finding Facts in Support of FindinGs: The following measures will result in a substantial mitigation of project effects to levels of insignificance. (1) The proposed project shall include an approximate 85 to 120 foot setback/buffer along the southern portion boundaries and approximate 110 to 120 foot setbacks from single-family buildings to the east. The project proponent shall incorporate into final site plans a roof line limit for buildings 10,12, and 13 of no more than one story. Buildings 1,5, and 6 shall be limited to 12 units so not more than 50 percent of the building will be two stories and 50 percent will be one story. 9741-LDL-11247-EIR 11 Resolution No. 90-136 Page 35 (3) The proposed project shall be built in substantial conformance with the site plan and elevation excluded as Figures 1-1 and 3-16 of this report. (4) Facts in support of finding II. 7a hereby are incorporated by reference. Slqnificant Effect: lighting. Introduction of additional night (1). The Poway City Council hereby makes finding Facts in Support of Findlnq~: The following measures will result in a substantial mitigation of project effects to levels of insignificance. (1) The project proponent shall comply with the lighting requirements provided within the City of Poway ordinance. Such lighting techniques shall be incorporated into the project design and reflected in project site plans. (4) Facts in support of finding II. 7b hereby are incorporated by reference. 9741-LDL-11247-EIR 12