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
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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
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) ss.
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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