Res P-11-19RESOLUTION NO. P -11 -19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING ENVIRONMENTAL ASSESSMENT 11 -01
EPHEMERAL TRIBUTARY TO RATTLESNAKE CREEK STREAMBANK
STABILIZATION PROJECT
APNS: 314 - 830 -01, 314 - 830 -02, 314 - 194 -33, 314 - 194 -34, 314 - 194 -36, 314 - 194 -37,
314 - 194 -38, 314 - 194 -39, 314 - 194 -48, 314 - 194 -55, AND 314 - 194 -66
WHEREAS, Environmental Assessment (EA) 11 -01; City of Poway, Applicant,
proposes the construction of approximately 650 linear feet of channel streambank
improvements along a Rattlesnake Creek tributary located between Kentfield Drive and
Norwalk Street in the Residential Single Family -4 zone; and
WHEREAS, the Resource Agencies have required the City to design and
construct a permanent solution to the channel's past erosion problems; and
WHEREAS, the City Council has read and considered the Agenda Report for the
proposed project and has considered other evidence presented at the public hearing; and
WHEREAS, on July 19, 2011, the City Council held a public hearing on the
above - referenced item, to solicit comments from the public both pro and con.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1 : An Environmental Initial Study (EIS) Mitigated Negative Declaration (MND)
and Mitigation Monitoring Program were completed for Environmental Assessment 11 -01.
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 biological and archeological
resources. With the inclusion of the mitigation measures contained in the EIS and
Mitigation Monitoring Program, shown as Exhibit A of this Resolution, all anticipated
impacts can be mitigated to a level of less than significant. The City Council therefore
approves a Mitigated Negative Declaration (MND) and the associated Mitigation
Monitoring Program for the project.
Section 2: The City Council hereby approves Environmental Assessment 11 -01, to allow
the construction of approximately 650 linear feet of channel streambank improvements
along a Rattlesnake Creek tributary located between Kentfield Drive and Norwalk Street,
subject to the following conditions:
A. The site shall be developed in accordance with the approved site plans on file in
the Development Services Department and the conditions contained herein. The
applicant shall comply with the Poway Municipal Code, and all other applicable
codes and ordinances.
Resolution No. P -11 -19
Page 2
B. Development on the site must comply with the Poway Noise Ordinance (Chapter
8.08 PMC). Construction work is specifically regulated by PMC 8.08.100, which
states that it is unlawful to operate any single or combination of powered
construction equipment at any construction site before 7:00 a.m. or after 5:00 p.m.,
Monday through Saturday, or at any time on a Sunday or holiday, except as
provided in PMC 8.08.100.
C. Prior to issuance of a Notice to Proceed, unless other timing is indicated, the
contractor shall complete the following:
1. Submittal of a request for and hold a pre- construction meeting with
a City Engineering Inspector. The contractor 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.
2. The limits of grading shall be staked in the field prior to commencing
grading. Construction staking is to be inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. As a minimum, all
protected areas as shown on the project plans are to be staked by a
licensed surveyor, and delineated with lathe and ribbon. A written
certification from the engineer of work or a licensed surveyor shall be
provided to the Engineering Inspector stating that all protected areas are
staked in accordance with the approved project plans. Construction crews
should be made fully aware of these boundaries.
3. A separate erosion control plan shall be submitted for prevention of
sediment runoff during construction that will contain Best Management
Practices such as an effective method of hillside erosion and sediment
control, a material storage site, measures to protect construction material
from being exposed to storm runoff, and other means to effectively
eliminate pollutants from entering the drainage channel. The contractor
shall make provisions to ensure proper maintenance of all erosion control
devices.
4. Erosion control, shall be installed and maintained from October 15 to
April 15. The erosion control plan included in the bid package shall be
followed and maintained. The developer shall make provisions to ensure
proper maintenance of all erosion control devices.
5. Staging areas for equipment and materials should not be located in
immediate proximity to the channel or on unmitigated habitat areas. The
applicant shall contact the Planning Division to determine if a Temporary
Use Permit is required for the staging areas.
Resolution No. P -11 -19
Page 3
6. Non - supervised or non - engineered fill is not allowed. Rock disposal areas
shall be graded in compliance with City- approved soils recommendations
and the approved grading plans.
7. A Right -of -Way Permit shall be obtained from the Engineering Division of
the Development Services Department for any work to be done in a public
street rights -of -way or City -held easements.
8. If vegetation removal within the stream needs to occur between January 1
and September 15, a qualified biologist will conduct a survey for nesting
birds within one week of the vegetation removal, and ensure no nesting
birds will be impacted by the project. If nesting birds are present, no work
will occur until the young have fledged and will no longer be impacted by
the project.
9. The morning prior to clearing or grading, a qualified biologist shall flush or
relocate animals to an appropriate habitat nearby.
10. Additional measures to avoid impacts to wildlife include (1) installation of
perimeter exclusion fencing; and (2) the morning prior to clearing or
grading, a qualified biologist shall flush or relocate animals to an
appropriate habitat nearby. Following work activities, stabilized areas shall
be planted and /or seeded with native plant species using local propagules
to the extent possible.
11. All earth - moving activities necessary for the project shall be monitored by
a qualified archaeologist who shall have the power to halt earth- moving
activities if archaeological material is encountered. An archaeologist
meeting the Secretary of the Interior's Professional Qualifications Standards
for a Prehistoric Archaeologist shall evaluate the archaeological material
using National Register of Historic Places eligibility Criterion D, determine
the significance of the find, and provide proper management
recommendations. Project personnel shall not collect cultural resources
found. Prehistoric cultural material includes, but is not limited to, chert or
obsidian flakes, projectile points, mortars, and pestles, dark friable soil
containing shell and bone dietary debris, heat - affected rock, human burials,
shell midden deposits, hearth remains, and stone and /or shell artifacts.
Historic material including, but not limited to, stone or adobe foundations or
walls, structures and remains with square nails, whole or fragmentary
ceramic, glass or metal objects, wood, nails, brick, or other materials may
occur within the project area in deposits such as old privies or dumps. Any
identified cultural resources shall be recorded on DPR 523 historic resource
recordation forms.
12. If paleontological resources are encountered during construction, all work
shall be halted within a 30 -foot radius of the findings and a qualified
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paleontologist shall be retained to ascertain the nature of the discovery, the
significance of the find, and provide proper management recommendations.
Project staff shall not collect any paleontological resources found on site.
13. Obtain a tree removal permit prior to the grading and /or the removal of any
tree.
D. Compliance with the following conditions is required following construction of the
project.
1. Environmental monitoring through the first two rainy seasons to ensure that
native vegetation has established and continues to grow, and that the
stabilization improvements are successful. Quarterly monitoring will be
performed by a qualified restoration ecologist or biologist, and more
frequent monthly monitoring will be performed by the City of Poway Public
Works, especially during the rainy season to monitor conditions after storm
events.
2. The graded and stabilized areas shall be landscaped with native plant
species per the project plans using local plant cuttings to the extent
possible.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 19th day of July 2011.
Don Higginson, Mayor
ATTEST:
U a A. royan, MMC, City Clerk
Resolution No. P -11 -19
Page 5
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, 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- 11 -19, was duly adopted by
the City Council at a meeting of said City Council held on the 19th day of July 2011, and
that it was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
L A)Troyan, MMC, City'CIerk
ity of-Poway