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Res P-04-84 RESOLUTION NO. P-04- 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT 04-09 ACQUISITION OF PROPERTY AT 12920 METATE LANE ASSESSOR'S PARCEL NUMBER 317-350-30 WHEREAS, Environmental Assessment (EA) 04-09, Poway Redevelopment Agency, Applicant, proposes the appropriation of funds to purchase a 4.09-acre site located at 12920 Metate Lane, in the Residential Single-Family (RS) 7 zone; and WHEREAS, the Poway Redevelopment Agency and the City of Poway have no development plans for the site at this time and any future development plans will require additional environmental review; and WHEREAS, on October 26, 2004, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway, as follows: Section 1: The City Council has considered the Environmental Initial Study (EIS), Mitigated Negative Declaration (MND), and public comments received on the EIS and MND, and the associated Mitigation Monitoring program forthe project shown as Exhibit A of the Resolution. 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, and that the MND reflects the independent judgement and analysis of the City. The City Council hereby approves the MND and the associated MMP attached to this Resolution as Exhibit A. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 26th day of October 2004. ATTEST: \.~~ Sherrie D. Worrell, Deputy City Clerk Resolution No. P-04-84 Page 2 STATE OF CALIFORNIA ) )SS, COUNTY OF SAN DIEGO ) I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-04- 84 , was duly adopted by the City Council at a meeting of said City Council held on the 26th day of October 2004, and that it was so adopted by the fOllowing vote: AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: GOLDBY ~IJ.J./1 {1/b)l1o(J erne D. Worrell, Deputy City Clerk City of Poway Resolution No. P-04-84 Page 3 EXHIBIT A MITIGATION MONITORING PROGRAM FOR ENVIRONMENTAL ASSESSMENT 04-09 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 environment. 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 compliance is assured. Non-compliance situations, which may occur subsequent to project construction, 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. Area of Potential Impact Mitigation Measure Responsibility Cultural Resources Prior to relocation or demolition of the Development single-family residence on the site, Services which is listed in the City's Inventory of Department, Historic Structures/Sites, the Applicant Planning Division shall have an evaluation of the structure conducted by a qualified professional. The evaluation shall include recommendations for mitigation measures pursuant to Chapter 17.45 of the Poway Municipal Code. Mitigation measures shall be implemented by the Applicant.