Res P-02-10RESOLUTION NO. P-02-10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING ENVIRONMENTAL ASSESSMENT 02-02
POWAY CREEK SILT REMOVAL AND ACCESS RAMP
WHEREAS, E ,~ l (EA 02-02), City of Poway, Applicant:
proposes the implementation of a one-time silt removal program within a channelized
section of Poway Creek extending generally between Midland Road and Pomerado Road
and the installation of a creek 3 on the west side of Community Road; and
WHEREAS, on February 5, 2002, the City Council held a duly advertised public
headng to solicit comments from the public, both pre and con, relative to this application;
and
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council has considered the E Iai Initial Study (ELS),
Mitigated Negative C (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Resolution for E ,~ : 02-02 and public
~1 on the ElS and MND. The subject ElS and MND d
fully incorporated herein by this 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 th I, that the mitigal' :1 in the ElS
and Exhibit A hereof will mitigate potentially significant impacts to a less than significant
level, and that the MND reflects the independent judgement and analysis of the City. The
City Council hereby approves the MND and th :1 Mitigation Monitoring Program
attached to this Resolution as Exhibit A.
Section 2: Pursuant to the City of Poway Habitat Conseryation Plan, a biological survey
was prepared for the property that reported that the project grading would impact
approximately 3.8 acres of wetland habitat that includes 1.3 acres of Southern Willow
Woodland, 0.5 acres of Non-Jurisdictional Disturbed Upland, and 2.0 acres of Freshwater
Marsh. In addition, it anticipated that fth 3 could impact up to
118 square feet of Freshwater Marsh.
All impacts discussed occur outside of the City's Habitat C Plan Mitigation
Area. As such, mitigation should occur with the Mitigation Area (MA). However, because
no mitigation banks have been established within the MA and wetland ;~encies
maintain a policy which mandates mitigation within the watershed of the impact site,
proposed mitigation will be sited as close as possible to the impact site. Because
avoidance and ~ biological :1 into the design of the
project, the proposed activir I with the Poway HCP.
Resolution No. P-02-10
Page 2
Impacts to the Southern Willow Woodland in Impact Area I represent a tyl;
the area currently containing large quantities of silt with willow trees and a disturbed
understory will be removed to allow natural I of Freshwater Marsh and
herl: :land vegetation. To mitigate for the loss of the willow woodland, the City
proposes to create southern willow scrub habitat adjacent to the impact site on the south
side ofthe creek' lly mapped as eucalyptus woodland. The creation area
will total 0.5 acres to ensure no net loss of wetland habitat. An additional 1.0-acre of
disturbed portions of waterways with the City of Poway will be enhanced as mitigation of
impacts to willow woodland. Hence, the total miti~ :impacts to willow woodland
is 3:1. This is which ' l with wildlife agency and Poway HCP policy. Impacts to
Freshwater Marsh in Impact Area 2 will not require mitigation because the impact will be
temporary in nature and have been incorporated into the project to both offset
the temporal loss of habitat and facilitate recruitment of Freshwater Marsh in the impact
areas. In addition, the 1.8-acre sand bar currently supporting an understory of disturbed
upland vegetation will be converted to fresl* 7.
Permanent impacts resulting from th =th 3 will be
mitigated through the establishment of native willows occupying an area at least 236
square feet (2:1 mitigation ratio). This will be done in conjunction with mitigation for the
loss of Southern Willow Scrub resulting from the one-time silt removal activity. Per the
City's HCP Implementing Agreement, a final mitigation and monitoring and reporting
program will be provided to the wildlife agencies in concert with permit applications and
prior I l of project activities.
A=
The mitigation is consistent with and furthers the implementing objectives of the
Poway Habitat C Plan in that the City proposes to mitigate removed
habitat at a 3:1 ratio, where appropriate through
Bo
The mitigation habitat is required to be located within Poway Creek to enhance the
long-term viability and function of the wetland habitat.
C=
The mitigation will be to the long-term benefit of the wetland plant and animal
species and their habitats in that it provides for the restoration and enhancement of
the creek's t :1 values and th :a viable regional system of
int *1 natural habitat habitat linkages, buffers and wildlife
corridors.
The mitigation shall foster the ' impl
Conservation Plan in an effective and efficient
required to be within th Ted.
of the Poway Habitat
that onsite mitigation is
E. The mitigation will not result in a negative fiscal impact with regard to th
impl I the Poway Habitat Conservation Plan.
Resolution No. P-02-10
Page 3
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a reg ' 3 this 26th day of March 2002.
ATTEST:
Lo'ri In~nte Fe~oples,'~-'~ '
City Cldrk
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
SS.
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- 02-10 , was duly adopted by the
City Council at a meeting of said City Council held on the 26th day of March 2002, and that
it was so adopted by the following vote:
AYES:
NOES:
EMERY, GOLDBY, CAFAGNA
NONE
ABSTAIN: NONE
ABSENT: HIGGINSON, REXFORD
ne Peoples,
City of Poway
Cit Clerl~
Resolution No. P-02-10
Page 4
EXHIBIT A
MITIGATION
FOR ENVIRONMENTAL ASSESSMENT EA 02-02
POWAY CREEK SILT REMOVAL/ACCESS RAMP
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
I. 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 compl :1. Non-compliance
situations which may occur subsequent to project will be addressed on a
case-by-case basis and may be subject to penalties according to the City of Poway
Municipal Code. When phasing of development has been established, it may be
necessary for this Monitoring Program to be amended, with City approval.
1. Biology
A. Impact:
A biological 3ort was prepared by Dudek & ,~ dated March 13,
2002, that discusses the potential impacts associated with the silt removal activity
and th f the creek 3. Impacts to Vegetative Communities,
a total of 3.8 acres of wetland habitat will be impacted. This includes 1.3 acres of
Southern Willow Woodland, 0.5 acres of Non-Jurisdictional Disturbed Upland and
2.0 acres of Freshwater Marsh. In addition, it anticipated that of the
3 could impact up to 118 square feet of Freshwater Marsh
Mitigation: All impacts discussed occur outside of the City's Habitat Conservation
Plan Mitigation Area. As such, mitigation should occur with the Mitigation Area
(MA). However, because no mitigation banks have been established within the MA
and wetland resource agencies maintain a policy which mandates mitigation within
the watershed of the impact site, proposed mitigation will be sited as close as
possible to the impact site. Because avoidance and minimization of biological
~orated into the design of the project, the proposed activities are
consistent with the Poway HCP.
Impacts to the Southern Willow Woodland in Impact Area I represent a type
the area currently containing large quantities of silt with willow trees and
a disturbed understory will be removed to allow natural recruitment of Freshwater
Marsh and herbaceous wetland vegetation. To mitigate for the loss of the willow
woodland, the City proposes to create southern willow scrub habitat adjacent to the
impact site on the south side of the creek' lly mapped as eucalyptus
Resolution No. P-02-10
Page 5
woodland. The creation area will total 0.5 acres to ensure no net loss of wetland
habitat. An additional 1.0-acre of disturbed portions of waterways with the City of
Poway will be enhanced as mitigation of impacts to willow Hence, the
total mitigation ratio of impacts to willow woodland is 3:1. This is consistent with
both wildlife agency policy and Poway HCP policy. Impacts to Freshwater Marsh in
Impact Area 2 will not require mitigation because the impact will be temporary in
nature and have been incorporated into the project to both offset the
temporal loss of habitat and facilitate recruitment of Freshwater Marsh in the impact
areas. In addition, the 1.8-acre sandbar currently supporting an understory of
disturbed upland vegetation will be converted to fresl'
Permanent impacts resulting from the of the access ramp
will be mitigated through the establishment of native willows occupying an area at
least 236 square feet (2:1 mitigation ratio). This will be done in with
mitigation for the loss of Southern Willow Scrub resulting from the one-time silt
removal activity. Per the City's HCP Implementing Agreement, a final mitigation and
monitoring and reporting program will be provided to the wildlife agencies in concert
with permit applications and prior 1 I of project activities.
B. Monitoring:
· Grading
Timing: City Public Works and Development Services staff will monitor
grading to insure that grading and silt removal is limited to th :1
in the biological report. The removal will occur during the non-breeding
season (September 15 - February 15) for nesting birds as to limit the
potential for impacts to breeding activity. If work does occur within the
breeding season for nesting birds, a biological monitor will survey the
removal area within three days of the start of the removal activity and
identity nest sites. No work will occur within 500 feet of a nest until
breeding activity has ceased.
Responsibility:
Inspection: City staff/Dudek & Associates Biologist
Financial: City of Poway
· Revegetation
Timing: Per the City's HCP Implementing Agreement, a revegetation plan
denoting the areas to be revegetated and plant materials and a final
mitigation and monitoring and reporting program will be provided to the
wildlife agencies in concert with permit applications and prior to
l of project activities. Creation and activities will
occur at the of the silt removal activity and in with
this project. The creation area will total 0.5 acres to ensure no net loss of
wetland habitat. An additional 1.0-acre of disturbed portions of waterways
with the City of Poway will be enhanced as mitigation of impacts to willow
Resolution No. P-02-10
Page 6
woodland. Hence, the total mitigation ratio of impacts to willow woodland
is 3:1. This ' I with both wildlife agency policy and Poway HCP
policy. Impacts to Freshwater Marsh in Impact Area 2 will not require
mitigation because the impact will be temporary in nature and
have been incorporated into the project to both offset the temporal loss of
habitat and facilitate l of Freshwater Marsh in the impact areas.
In addition, the 1.8-acre sandbar currently supporting an understory of
disturbed upland vegetation will be converted to freshwater marsh.
Responsibility:
Inspection: City staff/Dudek & Associates Biologist
Financial: City of Poway
· Permits
Timing: Permits will be required from the Department of Fish and Game,
Regional Water Quality Control Board and Army Corps of Engineers.
Permits must be acquired before grading or any channel imp
can begin.
Responsibility:
Inspection: City staff/Dudek & Associates Biologist
Financial: City of Poway
· M
M activities are not part of this project. Future
activities within the creek will be consistent with past Department of Fish
and Game approvals and City procedures. M activities are
conducted within the channel bottom and not the creek embankments.
Responsibility:
Inspection: City staff/Dudek & Associates Biologist
Financial: City of Poway