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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: >Lt1LQ0' 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 Page 7 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.