Res 95-096RESOLUTION NO. 95-09(5
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING GENERAL PLAN AMENDMENT, GPA 95-02
AND RESCINDING RESOLUTION NO. 94-058 AND RESOLUTION P-90-89
WHEREAS, the City Council of the City of Poway recognizes that the need may
arise to amend the City's General Plan; and
WHEREAS, Section 65350, et seq., of the California Government Code describes
the procedures for amending General Plans; and
WHEREAS, the City of Poway/Poway Redevelopment Agency (hereinafter "City"),
as the applicant, has prepared the proposed City of Poway Subarea Habitat Conservation
Plan/Natural Community Conservation Plan (hereinafter "Poway Subarea HCP") and the
companion Implementing Agreement (hereinafter "IA") documents; and
WHEREAS, the subject proposed documents have been completed to comply with
the requirements of the State of California Natural Community Conservation Planning
(NCCP) Act of 1991, the NCCP Process and Conservation Guidelines (NCCP Guidelines)
as adopted in November 1993 by the Califomia Department of Fish and Game (CDFG) in
collaboration with the U.S. Fish and Wildlife Service (USFWS), and the Federal
Endangered Species Act Section 4 (d) Special Rule for the "threatened" California
gnatcatcher which is incorporated into the NCCP Guidelines; and
WHEREAS, the subject proposed documents have also been completed to satisfy'
the approved regional biological impact mitigation measure identified in the certified Final
Environmental Impact Report (State Clearinghouse # 93091118) for the approved Scripps
Poway Parkway Extension project, which requires the preparation and adoption of a City-
wide subarea, habitat conservation plan; and
WHEREAS, General Plan Amendment, GPA 95-02, will amend the relevant
elements of the Poway General Plan to incorporate the requirements of the Poway Subarea
HCP by reference as provided in this resolution; and
WHEREAS, upon approval of the subject documents by the City, USFWS and
CDFG, the City will receive long-term permits from these agencies which allow for the
incidental "take" of Federal- and State-listed plant species, wildlife species, and their
habitats; and
Resolution No. 95-096
Page 2
WHEREAS, such long-term permits will apply to all public projects and to private
development projects as the private owners choose, where such projects comply with the
requirements of the subject documents, including the Compensation Mitigation Strategy,
Mitigation Ratios, and Special Development Requirements; and
VVHEREAS, on August 15, 1995 a duly advertised public hearing was conducted by
the Poway City Council/Poway Redevelopment Agency in accordance with Section 65853,
et seq., of the California Government Code and the California Environmental Quality Act
(CEQA) to consider the Initial Study/Proposed Negative Declaration, the Poway Subarea
HCP, the companion IA, and associated approval actions including GPA 95-02.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Poway
by adoption of this resolution, does hereby approve the following actions:
1. The City Council finds that the approval of General Plan Amendment, GPA 95-02
will not have significant adverse environmental impact and hereby issues a Negative
Declaration pursuant to CEQA.
2. The City Council hereby approves General Plan Amendment, GPA 95-02, which
amends the relevant elements of the Poway General Plan to incorporate by reference the
requirements of the City or Poway Subarea Habitat Conservation Plan (Poway Subarea
HCP) and companion Implementing Agreement (IA) as described below:
3. The Resource Conservation Area as defined in the Poway Subarea HCP and
companion IA documents is hereby established.
4. The following resolutions of the City Council are hereby rescinded and replaced.
with the related requirements of the Poway Subarea HCP and companion IA documents.
Resolution No. 94-058, which established a policy concerning removal of coastal
sage scrub pursuant to the interim strategy of the NCCP Guidelines.
Resolution No. P-90-89, which adopted an interim replacement standard as
mitigation for coastal sage scrub impacts for the California gnatcatcher, and
established a mitigation fund. Monies contained in the previously established
mitigation fund shall be transferred to the Resource Conservation Area Acquisition
Fund Account, as established with the adoption of the Poway Subarea HCP and
companion IA documents.
Resolution No. 95-096
Page 3
5. In accordance with the adopted Implementing Agreement, the City hereby
initiates the establishment of a permanent biological open space conservation easement
over the lands acquired by the City as compensation mitigation for the approved Scripps
Poway Parkway Extension (SPPE) Project, and also over the "cornerstone" lands that are
owned by the City and designated Open Space-Resource Management (OS-RM), as
described in the adopted Poway Subarea HCP. All habitat disturbance on the subject
cornerstone lands shall be consistent with the compensation mitigation strategy, mitigation
ratios, and special development requirements provided in the adopted Poway Subarea
HCP.
The City shall execute the above described conservation easements in favor of the U.S.
Fish and Wildlife Service and California Department of Fish and Game providing for the
perpetual conservation of the subject SPPE compensation mitigation lands and City-owned
OS-RM cornerstone lands for the protection of natural biological resources, including the
Covered Species, pursuant to and consistent with the Poway Subarea HCP and companion
IA. The conservation easement language for City-owned cornerstone lands shall allow for
uses consistent with the current OS-RM land use and zoning designation, as defined in an
Exhibit to the IA.
6. The Poway Subarea HCP and companion IA documents are hereby incorporated-.
by reference into the Poway General Plan by text changes under existing Goals, Policies
and Strategies, as indicated below. Where new language amends a General Plan strategy,
such amendment language shall apply to the same strategies found throughout the General
Plan to maintain General Plan internal consistency. '~
(A.) Land Use Element-
1. Goal I., Policy B - Subdivision Design. Strategy No. 18 shall be amended bv the
addition of the following lanQuaQe:
~^~d~~~!iiiB~i~'"'shall co~'iS'i'~/with t~e requirements
of"t~'-~dopted Poway Subarea HaD~tat t;onservat~on ~qan ana companion
Implementing Agreement documents, including the Compensation Mitigation ·
Strategy, Mitigation Ratios, and Special Development Requirements.
2. Goal I., Policy C - Site Design. Strate(~¥ 23 shall be amended by the addition of
the followin(~ lanauaee:
~~a~em~~lZ~l~}~ snail ~ncorporate me ~pec~al
Development Requirements of the adopted Poway Subarea Habitat
Conse~ation Plan and ~mpanion Implementing Agreement do.merits to
the greatest e~ent practi~ble and feasible, to ensure the proper siting of
Resolution No.95-096
Page 4
development and to protect and preserve important biological resources
within the Resource Conservation Area, as defined in the subject Plan and
companion Agreement.
3. Goal I., Policy D - Grading. Strate.cw 2 shall be amended by the addition of the
fgllowina lanauaae:
Habitat removal associated with grading and cleanng
~:..,.:. ~/~ ~.>;c.~,..'.,.:. :<+'~:+" '.×.'.~,.~ .~...:.>:,~..~ .. :+~,~<.. >..-.~- .~.: !~ . ~: x-: .:~ ::. ~.,.~-~. :.c..~:+:..~',~'.::×-*~: ,~; ::~ .~. ~.c.:~.! J' .."'~
~l~lI'~pl~"t~'~e gi:eatest extent pram~came ana reamble with the Special
Development Requirements of the adopted Poway Subarea Habitat
Conservation Plan, companion Implementing Agreement.
~ shall comply with the relevant requirements of the ~4ty s ~raamg
~;~inance (T~tle 16, Land Use Regulations Code, of the Poway Municipal
Code).
ncn ccmo-='ono, . .............. ,.v _.. :R ....... ~.
5. Goal I., Policy I - Lighting. Strategy 7 shall be added to read as follows:
7. The placement of lighting on public and private properties shall comply
with the "Management Recommendations and Actions" for cornerstone and
non-cornerstone lands as identified in the adopted Poway Subarea Habitat
Conservation Plan and companion Implementing Agreement documents.
Resolution No. 95-096
Page 5
(B.) public Facilities Element-
1. Goal IX., Policy A - City Water System. Strategy 6 ~hall be amended by the
edditi0rl of the followino lan(~ua(~e:
The extension of the City water system into the "rural residential" areas of the
Resource Conservation Area, as defined in the adopted Poway Subarea
Habitat Conservation Plan and companion Implementing Agreement-
documents, shall be cooperatively planned among the City, U.S. Fish and,
Wildlife Service, California Department of Fish and Game, and involved
residents and property owners to achieve the conservation objectives and
requirements of the subject Plan and companion Agreement.
(C.) Transoortation Element-
1. Goal XlI., Policy A - Planning. ~;trate_av 9 shall be added to read as follows:
The development of public streets ~' '~'~;* ~"'~ "-"'"' .... ;.~^~,;.., .A..~. .~
9. ,~, ......... ~' ....................... ~:=
easemeP, ts, scenic roadways, trails and pedestrian routes shall comply with
the adopted Poway Subarea Habitat Conservation Plan and companion
Implementing Agreement and the requirements thereof, including the Land',
Use and Management, Compensation Mitigation Strategy, Mitigation Ratios,'
and Special Development Requirements.
Compliance shall also be required for regional transportation improvements
and other land use development undertaken by other public agencies and
surrounding jurisdictions ....
(D.) Natural Resources Element-
1. The Biological Resources section of the Natural Resources Element (current
pages 16 through 25 up to OPEN SPACE, and pages 53-55), including text, tables,
Policy C, and strategies shall be rcplcccd ~.~:~ with the adopted Poway
Subarea Habitat Conservation Plan and co~'iSn 'Implementing Agreement
documents. These documents shall be fully incorporated by reference as a
separately-bound appendix, including the Final Joint NEPA/CEQA document.
The foIIowin.q brief introduction shall be included after the existin.a headina of
Bioloeical Resources:
On August 15, 1995 the City of Poway/Poway Redevelopment Agency (City)
adopted the Poway Subarea Habitat Conservation Plan/Natural Community
Conservation Plan (Poway Subarea HCP) and the companion Implementing
Agreement (IA) documents. The subject documents were adopted to comply
Resolution No. 95-096
Page 6
with the requirements of the State of California Natural Community
Conservation Planning (NCCP) Act of 1991, the NCCP Process and
Conservation Guidelines (NCCP Guidelines) as adopted in November 1993
by the Califomia Department of Fish and Game (CDFG) in collaboration with
the U.S. Fish and Wildlife Service (USFWS), and the USFWS Federal
Endangered Species Act Section 4 (d) Special Rule for the "threatened"
California gnatcatcher which is incorporated into the NCCP Guidelines.
The City has received long-term permits from USFWS and CDFG which
allow for the incidental "take" of Federal- and State-listed plant species,
wildlife species, and their habitats. Such Iong-termoP~rmits will apply to ~
public ~ and [~ private development projects ~~ ~~
including the Compensation Mitigation Strategy, Mitigation Ratios, and
Special Development Requirements.
These documents, including the approved environmental review
(NEPA/CEQA) documents are separately-bound as an appendix to the
Natural Resources Element.
2. Goal XlI., Policy A - Planning. Strateav 4 shall be amended by the addition of the
following tan(~ua(~e:
The City shall encourage the neighboring County of San Diego and City of
San Diego jurisdictions to cooperatively develop and adopt subregional and
subarea habitat conservation plans which are consistent with and foster the
implementation of the adopted City of Poway Subarea Habitat Conservation
Plan and companion Implementing Agreement documents.
All necessary clerical changes shall be made to the general plan to make its text consistent
with the terms of this resolution.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 15th day of August, 1995.
Su~an Callery, Deputy May~
ATTEST:
Marjorie K. Wahlsten, City Clerk
Resolution No. 95-096
Page 7
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. 95-096 , was duly adopted by the
C.,ity Council at a meeting of said City Council held on the 15th day of
August, ,1995, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, EMERY, REXFORD
NONE
NONE
HIGGINSON
Marjorie K. Wahlsten, City Clerk
City of Poway
E:\Cll'Y~PLANNING\REPORT~HCPGPA. RES