Res P-04-77
RESOLUTION NO. P-04-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
APPROVING ENVIRONMENTAL ASSESSMENT 04-08 FOR THE PAGUAY
REDEVELOPMENT PROJECT AREA REDEVELOPMENT PLAN AMENDMENT
WHEREAS, Environmental Assessment (EA) 04-08, considers the Amendment to
the Redevelopment Plan for the Paguay Redevelopment Project (the "2004 Amendment")
to extend the time limit during which eminent domain can be used by the poway
Redevelopment Agency (the "Agency") to acquire property; and
WHEREAS, no property zoned and developed for residential uses is currently
subject to acquisition by eminent domain nor will it be as a result of this amendment; and
WHEREAS, on September 28,2004, the City Council ofthe City of poway (the "City
Council") and the Agency held a duly advertised public hearing to solicit comments from
the public, both pro and con, relative to this Amendment and the Negative Declaration.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway,
as follows:
Section 1: The City Council has considered the Initial Study (IS), Negative Declaration
(ND), and public comments received on the IS and ND. The subject IS and ND
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 2004
Amendment will have a significant impact on the environment, and that the ND reflects the
independent judgement and analysis of the City. The City Council hereby approves the
ND.
Section 2: There is no evidence that the 2004 Amendment will have the potential to
cause an adverse effect on wildlife resources or the habitat on which such wildlife depends,
and the City Council finds, on the basis of substantial evidence in the record, that the
presumption of adverse effect set forth in 14 Cal. Code of Regs. ~ 753.5(d) does not apply.
Section 3: The City Council directs staff to:
a. Prepare and file a Certificate of Fee Exemption with the California
Department of Fish and Game pursuant to 14 California Code of Regulations section
753.5; and
b. Prepare and file a Notice of Determination with the Clerk of the County of San
Diego; and
c. Keep a copy of the Negative Declaration, and all documents referenced
therein at the City's offices and available for public review.
Resolution No. P-04- 77
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 12th day of October 2004.
ATTEST:
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-04-77 , was duly adopted by
the City Council at a meeting of said City Council held on the 12th day of October 2004,
and that it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
e Bunch, Interim City Clerk
of Poway