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Res 95-078RESOLUTION NO. 95-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY ORDERING THE RECORDATION OF A NOTICE OF VIOLATION ON A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER IN SECTION 6, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY COUNTY OF SAN DIEGO, APN: 321-031-05 WHEREAS, the City Council, in order to serve notice to the public of the violation committed under the provisions of the City Grading Ordinance, and under the Federal Endangered Species Act, desires to record a Notice of Violation in the Office of the County Recorder of San Diego; and WHEREAS, commencing on or about May 6, 1995, the property owner cleared the subject lot of all vegetation without obtaining the necessary City of Poway grubbing and clearing permit; and WHEREAS, as much as three acres of the area cleared had contained high quality coastal sage scrub, for which clearing, a federal and state permit are required, as well as appropriate mitigation offered, neither of which were obtained or given; and WHEREAS, the property owner previously gave evidence of his awareness of the proper procedure to obtain required permits, and who demonstrated an intent to clear the property notwithstanding the requirements contained in both local, state and federal law; NOW, IHEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinqs: The subject action is exempt under the provisions of the California Environmental Quality Act, Class 8, Action of Regulatory Agencies for Protection of Natural Resources and Class 21, Enforcement Actions by Regulatory Agencies. Section 2: Findinqs: The City Council finds that recordation of the Notice of Violation is warranted to serve notice to the public, as well as State and Federal regulatory agencies, of the violation committed. The City could expunge the Notice of Violation from the record if all of the following items are accomplished: Ae A grading permit is obtained through the proper review process with the City Engineering Services Department, and all remedial work is completed to the satisfaction of the Director of Engineering Services. An in-lieu deposit in the amount of $10,000 per acre of coastal sage scrub which was removed is paid, in mitigation for the loss of high quality habitat. Resolution No. 95-078 Page 2 Ce The State Department of Fish and Game and the U.S. Fish and Wildlife Service deem the proposed mitigation to be adequate. Section 3: City Council Action: The City Council hereby adopts the resolution ordering the recordation of a Notice of Violation on the subject parcel and directs the City Clerk to record the Notice of Violation in the Office of the San Diego County Recorder. APPROVED AND ADOPTED by the City Council of the City of Poway, State of California, this 11th day of July, 1995. Don Higginso~ ATTEST: Marjorie K. Wahlsten, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. 95-078 , was duly adopted by the City Council at a meeting of said City Council held on the 11th day of July , 1995, and that it was so adopted by the followl--i-6~-vote: AYES: CAFAGNA, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: CALLERY, EMERY rjorie~K. Wahlsten, City Clerk City of Peway