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