Res P-04-05
RESOLUTION NO. P- 04-05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING AN ADDENDUM TO THE ADOPTED MITIGATED NEGATIVE
DECLARATION FOR ENVIRONMENTAL ASSESSMENT (EA 02-02)
POWAY CREEK SILT REMOVAL AND ACCESS RAMP
WHEREAS Environmental Assessment (EA 02-02), City of Poway, Applicant:
proposes the implementation of a silt removal program within a channelized section of
Poway Creek extending generally between Midland Road and Pomerado Road and the
installation of a creek access ramp on the west side of Community Road; and
WHEREAS, on March 26, 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
WHEREAS, the Army Corps of Engineers (ACOE) and the San Diego Regional
Water Quality Control Board (RWQCB) required the City, prior to reconsideration of the
City's permits, to prepare a comprehensive hydraulic study for the project area necessary
to create a long term silt removal plan for Poway Creek, and
WHEREAS, as supplemental mitigation to the original project, the City has agreed
to the construction of three desiltation basins, a 10-year channel maintenance program
with a specific maintenance regime, and a modified mitigation plan that mitigates for
habitat loss associated with the desiltation basins as detailed in the project Addendum
Report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The City Council has considered the Amended Environmental Initial Study
(EIS), and Addendum to the Mitigated Negative Declaration (MND) for Environmental
Assessment 02-02. The approved March 26, 2002, 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 modified project will have a
significant impact on the environment, that the mitigation measures contained in the
original and Amended MND will mitigate potentially significant impacts to a less than
significant level, and that the Amended MND reflects the independent judgement and
analysis of the City. The City Council hereby approves the Amended MND, including its
supplemental mitigation and maintenance 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 revised project. The revised mitigation plan is consistent with the
Mitigation Plan approved on March 26, 2002, except for the additional creation of 0.3 acres
Resolution No. P-04-05
Page 2
of Southern Willow Scrub. The City Council finds that the PSHCP findings in the original
project MND adequately address the amended project.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 13th day of January 2004.
r
ATTEST:
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- 04-05 ,was duly adopted by the
City Council at a meeting of said City Council held on the 13th day of January 2004, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: REXFORD, CAFAGNA
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Lori nne Peoples, City C erk
City of Poway