Res P-14-10RESOLUTION NO. P -14 -10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ADOPTING A MITIGATED NEGATIVE DECLARATION
FOR TENTATIVE PARCEL MAP (TPM) 13 -002
WHEREAS, Applicant, E & M Holdings, LLC, requests approval to divide a
4.69 -acre property located at 15547 Markar Road, within the Rural Residential B zone,
into two (2) parcels (TPM 13 -002); and
WHEREAS, on November 18, 2014, the City Council held a duly advertised
public hearing to receive testimony from the public, both for and against, relative to this
matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: In accordance with the requirements of the California Environmental Quality
Act (CEQA) an Environmental Initial Study (EIS) and a proposed Mitigated Negative
Declaration (MND) have been prepared for TPM 13 -002. The City Council has
considered the EIS, MND and associated Mitigation Monitoring Program, 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 judgment and analysis
of the City. The City Council hereby adopts the MND and the associated Mitigation
Monitoring Program attached to this Resolution as Exhibit A.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 18th day of November 2014.
Don Higginson, Mayor
ATTEST:
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Sheila . Cobian, CMC, City Clerk
Resolution No. P -14 -10
Page 2
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 14 -10 was duly adopted, by the City
Council at a meeting of said City Council held on the 18th day of November 2014, and
that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Shei a . Cobian, CIVIC, City Clerk
City of Poway
Resolution No. P -14 -10
Page 3
EXHIBIT A
MITIGATION MONITORING PROGRAM
Tentative Parcel Map 13 -002
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 Poway Municipal Code. When phasing of development
has been established, it may be necessary for this Monitoring Program to be amended, with
City approval.
Topic
Mitigation Measure
Timing
Responsibility
Biological
a. Proposed project activities
a. During grading/
a. Applicant
Resources
(including, but not limited to,
ground disturbing
staging and disturbances to
activities (e.g.:
native and non - native
grading for driveway,
vegetation, structures, and
building pad,
substrates) should occur
accessory use/
outside of the avian breeding
structures, required
season, which generally runs
stormwater
from January 1 to September
1, to avoid take of birds or their
eggs. If avoidance of the avian
breeding season is not
feasible, pre- construction
surveys shall be conducted by
a qualified biologist
(experienced in conducting
breeding bird surveys) to
determine the presence of
absence of protected native
birds occurring in suitable
nesting habitat that is to be
disturbed and any other such
habitat within 300 feet of the
disturbance area, and within
500 feet for raptors.
Reductions in the
recommended nest buffer
distance may be appropriate
depending on the avian
species involved, ambient
Resolution No. P -14 -10
Page 4
levels of human activity and/ or
existing urban development,
screening vegetation, or
possibly other factors. If an
active 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.
Project personnel, including all
contractors working onsite,
shall be instructed on the
sensitivity of the area.
Cultural
a. A qualified archeologist shall
a. During
a. Applicant
Resources
be present at the subject site
grading /ground
(proposed Parcel 1 or Parcel 2)
disturbing activities.
to monitor any ground
(e.g.: grading for
disturbing activities, including,
driveway, building pad,
but not limited to, proposed
accessory
grading or excavation for
use /structures,
driveway, building pad,
required stormwater
accessory structures utility
improvements.
trenching or construction of
stormwater improvements.
The purpose of the monitoring
is to ensure that if buried
cultural materials are present,
they will be handled in a timely
and proper manner.
b. Prior to issuance of a
b. Prior to Grading
b. Applicant
Grading Permit, the applicant
Permit issuance.
shall provide written verification
that a certified archeologist has
been retained to implement the
monitoring program. This
verification shall be presented
in a letter from the project
archeologist to the City of
Poway — Planning Division.
c. The certified archeologist
c. After Grading Permit
c. Applicant
shall attend the pre-
approval and prior to
construction meeting with the
Grading Activity on the
contractors to explain and
property.
coordinate the requirements of
the monitoring program.
d. During the original cutting of
previously disturbed deposits,
the archeological monitor(s)
shall be onsite, as determined
by the consulting archeologist,
to perform periodic inspections
of the excavations. The
frequency of inspections will
depend upon the rate of
excavation, the materials
excavated, and the abundance
of artifacts and features.
Isolates and clearly non-
significant deposits will be
minimally documented in the
field so the monitored grading
can proceed. Isolates and
clearly non- significant deposits
will be minimally documented
in the field so the monitored
grading can proceed.
e. In the event that previously
unidentified cultural resources
are discovered, the
archeologist shall have the
authority to divert or
temporarily halt ground
disturbance operations in the
area of discovery to allow for
the evaluation of potentially
significant cultural resources.
The archeologist shall contact
the City of Poway at the time of
discovery. The archeologist, in
consultation with the City of
Poway, shall determine the
significance of the discovered
resources. The City of Poway
must concur with the
evaluation before construction
activities will be allowed to
resume in the affected area.
For significant cultural
resources, a Research Design
and Data Recovery Program to
mitigate impacts shall be
prepared by the consulting
archeologist and approved by
the City of Poway before being
carried out using professional
Resolution No. P -14 -10
d. Upon Grading
Permit approval and
prior to Grading Activity
on the property.
e. Upon Grading
Permit approval and
prior to Grading Activity
on the property.
Page 5
d. Applicant
e. Applicant
Resolution No. P -14 -10
Page 6
archeological methods. If any
human bones are discovered,
the county coroner and the City
of Poway shall be contacted.
In the event that the remains
are determined to be of Native
American origin, the Most
Likely Descendant, as
identified by the Native
American Heritage
Commission shall be contacted
in order to determine proper
treatment and disposition of
the remains.
Before construction activities
are allowed to resume in the
affected area, the artifacts shall
be recovered and features
recorded using professional
archeological methods for an
adequate artifact sample for
analysis.
All cultural material collected
during the grading monitoring
program shall be processed
and curated according to the
current professional repository
standards. The collections and
associated records shall be
transferred, including title, to
an appropriate curation facility,
to be accompanied by payment
of the fees necessary for
permanent curation.
A report documenting the field
and analysis results, and
interpreting the artifact and
research data within the
research context shall be
completed and submitted to
the satisfaction of the City of
Poway prior to the issuance of
any Building Permits. The
report shall include the
required archeological forms.
f. The electrical overhead f. Upon Grading Permit f. Applicant
service from the south approval and prior to
Resolution No. P -14 -10
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boundary of proposed Parcel 2
Grading Activity on the
to the location of the onsite
property.
power pole shall remain
overhead and not be
undergrounded to avoid
unnecessary impacts to any
cultural deposits that may be
present on the south side of
proposed Parcel 2.
g. The rock outcrops on Parcel
g. In Perpetuity
g. Property Owner
2 shall be protected in place.
Hazards
a. New construction; shall
a. Prior to Building
a. Applicant
and
comply with California Building
Permit Issuance
Hazardous
Code Chapter 7A and Poway
Materials
Municipal Code 15.05.