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Res P-10-02RESOLUTION NO. P -10 -02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION FOR ACQUISITION OF THE PROPERTY AT 13031 POWAY ROAD ASSESSOR'S PARCEL NUMBER 317 - 472 -06 WHEREAS, Environmental Assessment (EA) 09 -01; Poway Redevelopment Agency, Applicant, proposes the appropriation of funds to purchase a 0.24 -acre property at 13031 Poway Road, within the Mixed Use (MU) zone and the Poway Road Specific Plan area. The project includes funds to purchase the property from Christian and Verna Young, perform environmental remediation, demolish the existing structure, and provide relocation assistance to tenants; and WHEREAS, the Poway Redevelopment Agency is acquiring the property for the purpose of inclusion into the potential future Town Center development project; and WHEREAS, on January 5, 2010, 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 : An Environmental Initial Study (EIS) was completed for the project. It was determined that while the project will not have a significant adverse impact on the environment, there could be potential impacts in the areas of hazardous materials and mandatory findings of significance. All anticipated impacts, however, can be mitigated to a level of less than significant pursuant to Exhibit A. The City Council, therefore, finds that all of the potential environmental concerns can be mitigated to a less than significant level and hereby approves a Mitigated Negative Declaration (MND) for the project. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 5th day of January 2010. Don Higginson, May r ATTEST: royan, MMC, Resolution No. P -10 -02 Page 2 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) 1, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P -10 -02 was duly adopted by the City Council at a meeting of said City Council held on the 5th day of January 2010, and that it was so adopted by the following vote: AYES: BOYACK, CUNNINGHAM, REXFORD, KRUSE, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE and A. Troyan, MMC, City Clerk Ci of Poway Resolution No. P - 10 -02 Page 3 EXHIBIT A MITIGATIONWONITORING PROGRAM FOR LNVIRUNMtN I AL ASSESSMENT 09-01 Topic Mitigation Measure Timing Res onsibilif Hazardous 1. Conduct. an asbestos and lead - based Prior'to Applicant Materials paint survey aYthe site. If it is found that :issuance -of a building materials contain asbestos and /or Demolition lead -based paint, such materials will. be Permit removed prior to demolition. A certified asbestos abatement contractor, in accordance with EPA protocols,. would complete This work. An independent'tnird party`would monitor the asbestos, removal to document the abatement activities, to ensure the work is properly performed and to determine. - air /fiber concentrations are at acceptable levels. Similarly, all flaking or peeling lead- based' paint samples. would be removed and properly disposed by a certified contractor. Lead - based paint firmly attached to a surface may remain and be disposed of with the other demolition materials. 2. Perform :soils testing for the presence of pesticides: Any removal of impacted with pesticides, or any other hazardous material, is required to be performed according . to federal, state, and local health and safety requirements, and under the oversight of an appropriate environmental regulatory agency. Any' hazardous materials removed during the project will be handled by .trained personnel in accordance with all applicable laws and regulations,. and disposed of at an appropriate disposal facility permitted to receive such Hazardous materials. Mandatory 1. The project may cause 'hazardous Prior to Applicant Findings of material impacts. Mitigation shall be issuance of a Significance accomplished as listed under the Demolition Hazardous Materials section of this Permit. Exhibit.