Loading...
Res P-02-59 RESOLUTION NO. P-02-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT 02-11 AND CITY OF POWAY CAPITAL IMPROVEMENT PROJECT NO. 1280 COMMUNITY ROAD WIDENING APNs: 314-201-43 and 44; 314-214-02, 25, 29, 30, 31 and 32; 314-213-19, 20, 21, 24 and 33; 314-230-26, 47, 48, 61, 62 and 63; 317-761-13 WHEREAS Environmental Assessment (EA 02-11), City of Poway, Applicant: proposes the widen the east side of Community Road from 2 to 4 lanes between Ketron Avenue and Aubrey Street, and to widen Rattlesnake Creek along an approximate 1,300- linear-foot segment adjacent to the road widening from approximately 30 feet to 100 feet wide; and WHEREAS, on October 8, 2002, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application; and NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: The City Council has considered the Environmental Initial Study (EIS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program shown as Exhibit A of this Resolution for Environmental Assessment 02-11 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 judgement and analysis of the City. The City Council hereby approves the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A. Section 2: Pursuant to the City of Poway Habitat Conservation Plan, a biological survey was prepared for the project that reported that the project grading would impact approximately 1.45 acres of wetland habitat that includes 1.08 acres of Disturbed Wetland, 0.35 acres of Southern Riparian Scrub, and 0.02 acres of Mule Fat Scrub. The mitigation requirements associated with land development in the City of Poway as based on recorded habitat types, the presence of sensitive species, and other factors. The appropriate mitigation ratio as it applies to impacts to the wetland habitats on the subject property is 1 :1. This ratio is appropriate due the heavily disturbed nature of the affected wetland habitats. To mitigate for the loss of the Disturbed Wetland, Southern Riparian Scrub and Mule Fat Scrub, the City proposes to recreate and enhance 2.15 acres of wetland habitat consisting of Southern Willow Scrub, Mule Fat Scrub, and Riparian Oak Woodland. Freshwater/Alkali Marsh will be planted to revegetate the channel bottom. Of the 2.15 acres of mitigation, 1.45 acres is proposed to mitigate present project impacts. The remaining 0.70 acres is Resolution No. P-02-59 Page 2 proposed to be banked to mitigate future for wetland impacts created by future City projects. Per the Poway Subarea Habitat Conservation Plan, wetland Resource Agencies maintain a policy which mandates mitigation within the watershed of the impact site, proposed mitigation will be sited within the same location and watershed as the proposed impact. 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 to commencement of project activities. A. The mitigation is consistent with and furthers the implementing objectives of the Poway Habitat Conservation Plan in that the City proposes to mitigate 1.45 acres of removed wetland habitat consisting of 1.08 acres of Disturbed Wetland, 0.35 acres of Southern Riparian Scrub, and 0.02 acres of Mule Fat Scrub at a 1:1 ratio, with 2.15 acres through on-site creation and restoration. B. The mitigation habitat is appropriately located on-site as required in the Poway HCP so as to enhance the long-term viability and function of the wetland habitat and drainage area. Long-term survival of the species is expected to be good because of the five-year mitigation monitoring/maintenance plan required for the project. 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 functions and values and the maintenance of a viable regional system of interconnected natural habitat resources, habitat linkages, buffers and wildlife corridors. It also nearly doubles the quantity and quality of the existing wetland habitat. D. The mitigation shall foster the incremental implementation of the Poway Habitat Conservation Plan in an effective and efficient manner in that on-site mitigation is proposed within the same watershed that will increase the quantity and quality of wetland habitat, will as enhance the function and values of the creek, and will interconnect with an preserved drainage area In Hilleary Park. E. The mitigation will not result in a negative fiscal impact with regard to the successful implementation of the Poway Habitat Conservation Plan in that funds for the restoration, maintenance and monitoring are included in the Community Road Widening City Capital Improvement Project budget. Section 3: The City Council hereby approves Environmental Assessment 02-11 and City of Poway Capital Improvement Project No. 1280-Community Road Widening which provides for the widening of Community Road from 2 to 4 lanes between Ketron Avenue and Aubrey Street and to widen Rattlesnake Creek along an approximate 1,300-linear-foot segment adjacent to the road widening from approximately 30 feet to 100 feet wide, subject to the following conditions: Resolution No. P- 02-59 Page 3 A. Prior to grading permit issuance, unless other timing is indicated, the applicant/developer shall complete the following: 1. To ensure compliance with the Clean Water Act, a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the elimination of non- storm runoff into the storm drain system or the natural stream shall be prepared. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control, a material storage site, measures to protect construction material from being exposed to storm runoff, protection of all storm drain inlets, on-site concrete truck wash and waste control, and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system. 2. A separate erosion control plan for prevention of sediment runoff during construction. 3. The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. 4. Submittal of a request for and hold a preconstruction meeting with a City Engineering inspector. The applicant/developer shall be responsible that necessary individuals, such as but not limited to, contractors, subcontractors, project civil engineer and project soils engineer must attend the preconstruction meeting. 5. Construction boundaries should be clearly staked and flagged to indicate the limits of disturbance. Construction crews should be made fully aware of these boundaries. An orange construction fence or chain link fence should be installed along the easterly project boundary: 6. Staging areas for equipment and materials should not be located in proximity to the drainage or on unmitigated habitat areas. 7. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. 8. To prevent edge effects degrading the adjoining native habitat, the landscape plans shall not include invasive exotic plant species in landscape areas adjacent to such areas and/or wetland habitat. 9. Within 48 hours prior to installation, the City shall retain a qualified biologist to flag off all sensitive habitat areas that are beyond the limits of direct disturbance. This delineation should help preclude accidental encroachment into sensitive areas beyond the construction corridor, particularly in the area of wetland habitats to the north and south of the study area. Resolution No. P- 02-59 Page 4 10. Construction of the proposed Community Road Widening Project is recommended to occur outside of riparian bird and raptor breeding season (roughly March 15 to September 15 of each calendar year). If this is not feasible, a City-approved biologist shall conduct pre-construction breeding bird surveys to ascertain presence/absence of nesting birds. If active nests are detected, noise abatement and/or other mitigation measures shall be required during the breeding season in order to reduce impacts to a level below significance. 11. An individual U.S. Army Corps of Engineers Section 404 Permit and California Regional Water Quality Control Board 401 Certification are required as a part of this project, as are a California Department of Fish and Game 1601 Streambed Alteration Agreement. These permits are necessary as a result of measurable impacts to wetland habitats. 12. In order to provide compensatory mitigation for losses of wetland habitats, the City shall revegetate no less than 1.45 acres of wetland habitats. This revegetation shall occur entirely onsite within and adjoining the modified floodway of Rattlesnake Creek. A Wetlands Revegetation Plan (Mitigation Plan) shall be prepared by a qualified consultant to address the revegetation requirements. The Plan contains provisions to provide long-term biological maintenance and monitoring, Funding shall be secured for the mitigation monitoring and 5-year maintenance program. 13. Following completion of site restoration activities, a City-approved biologist shall inspect the site and prepare a letter to the Director of Development Services verifying that all project-related activities have been restricted to the construction corridor, and that the site has been restored to a viable and stable state. This letter shall be submitted no more than 90 days after the cessation of construction activities. Once the City has accepted the verification, no less than 5 additional years of biological monitoring shall take place unless the revegetative growth exceed minimum standards. 14. A streetscape plan shall be prepared and approved by the Development Services Department for the 20-foot wide easement located on the east side of Community Road. B. Prior to construction of public improvements, unless other timing is indicated, the applicant/developer shall complete the following: 1. Community Road Improvements - construction of concrete curb, gutter, and sidewalk extending from the existing improvements located on the north and south end of this improvement section. 2. All new and existing electrical/communication/CATV utilities shall be installed underground prior to, if any, installation of concrete curbs, gutters, sidewalks and surfacing of the streets. The City/contractor shall make the necessary arrangements with each of the serving utilities. Resolution No. p- 02-59 Page 5 3. The locations and sizes of all utility boxes, vaults, and check valve assemblies within street rights-of-way shall be shown on the improvement plans and screened. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 8th day of October 2002. ATTEST: "" "-::1 . rl . ) - \ &1. . J..1: p ~ I.t>- Lori tnne Peoples, City Cle STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) 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- 02-59 ,was duly adopted by the City Council at a meeting of said City Council held on the 8th day of October 2002, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE Resolutlon No. P-02-59 Exhibit A Page 6 I Mitiaation Measure Timing Responsibility Biology a. Construction boundaries should be clearly staked Prior to issuance of Applicant and flagged to indicate the limits of disturbance. Grading Permit Construction crews should be made fully aware of these boundaries. Orange construction or chainlink fence should be installed along the boundary near the wetland habitat. b. Staging areas for equipment and materials should Prior to issuance of Applicant not be located in proximity to the drainage or on Grading Permit unmitigated habitat areas. c. Spoils, trash, and any debris should be removed off- Completion of Applicant site to an approved disposal facility. project d. To prevent edge effects degrading the adjoining Prior to issuance of Applicant native habitat, the landscape plans shall not include Grading Permit invasive exotic plant species in landscape areas adjacent to such areas and/or wetland habitat. e. Construction of the proposed Community Road Prior to Grading Applicant Widening Project is recommended to occur outside Permit of riparian bird and raptor breeding season (roughly March 15 to September 15 of each calendar year). If this is not feasible, a City-approved biologist shall conduct pre-construction breeding bird surveys to ascertain presence/absence of nesting birds. If active nests are detected, noise abatement and/or other mitigation measures shall be required during the breeding season in order to reduce impacts to a level below significance. f. Obtain an individual U.S. Army Corps of Engineers Prior to Grading Applicant Section 404 Permit and California Regional Water Permit Quality Control Board 401 Certification are required as a part of this project, as are a California Department of Fish and Game 1601 Streambed Alteration Agreement. These permits are necessary as a result of measurable impacts to wetland habitats. g. In order to provide compensatory mitigation for Prior to Grading Applicant losses of wetland habitats, the City shall revegetate Permit no less than 1.45 acres of wetland habitats. This revegetation shall occur entirely onsite within and adjoining the modified floodway of Rattlesnake Creek. A Wetlands Revegetation Plan (Mitigation Plan) has been prepared by a qualified consultant to address the revegetation requirements. The Plan contains provisions to provide long-term biological maintenance and monitoring. Resolution No. P-02-59 Page 7 h. Within 48 hours prior to installation, the City shall Prior to grading Applicant retain a qualified biologist to flag off all sensitive permit habitat areas that are beyond the limits of direct disturbance. This delineation should help preclude accidental encroachment into sensitive areas beyond the construction corridor, particularly in the area of wetland habitats to the north and south of the study area. I. Following completion of site restoration activities, a Prior to Grading Applicant City-approved biologist shall inspect the site and Permit prepare a letter to the Director, Development Services Department, verifying that all project- related activities have been restricted to the construction corridor, and that the site has been restored to a viable and stable state. This letter shall be submitted no more than 90 days after the cessation of construction activities. Once the City has accepted the verification, no less than five additional years of biological monitoring shall take place unless the revegetative growth exceed minimum standards. Aesthetics j. The eastern streetscape will be replanted with Prior to Grading Applicant approximately 122 oak, sycamore, and cottonwood Permit trees that vary in size from 15-gallon, 24-inch, 36- - inch, and 48-inch box trees as prescribed by the Tree Ordinance and at an overall replacement ratio of 7:1. Additional willows, shrubs, and other wetland plant species will be planted on the channel slopes. Cattails and reeds will be seeded into the channel eventually filling the channel bottom. Creek vegetation will ultimately screen the access ramp from any adjoining residential neighborhood. It will, however, take many years for the trees and other plant material to mature and to provide the comparable vegetative screening as compared to existing conditions M:lplanningI02reportleaI02- 11 Community Rd wideninglCommunity Rd Exhibit A.doc