Res 95-097RESOLUTION NO. 95-097
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ADOPTING THE CITY OF POWAY SUBAREA HABITAT CONSERVATION PLAN
AND AUTHORIZING THE MAYOR TO SIGN
THE IMPLEMENTING AGREEMENT/
CALIFORNIA ENDANGERED SPECIES ACT MEMORANDUM OF UNDERSTANDING
WHEREAS, the City of Poway/Poway Redevelopment Agency (City), as the
applicant and co-lead agency with the U.S. Fish and Wildlife Service (USFWS), has
prepared the proposed City of Poway Subarea Habitat Conservation Plan/Natural
Community Conservation Plan (Poway Subarea HCP) and companion Implementing
Agreement (IA)/Califomia Endangered Species Act Memorandum of Understanding
documents in consultation with the California Department of Fish and Game (CDFG); 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 California Department of Fish and Game (CDFG) in
collaboration with the U.S. Fish and Wildlife Service (USFWS), the California Endangered
Species Act (CESA), and the Federal Endangered Species Act (ESA) including the Special
Rule for the California gnatcatcher which was issued under Section 4(d) of the ESA; and
WHEREAS, on August 15, 1995, the Poway City Council/Poway Redevelopment
Agency held a duly advertised public hearing in accordance with the provisions of the
California Govemment Code and the California Environmental Quality Act (CEQA) to
consider the Joint Environmental Assessment and Initial Study/Proposed Negative
Declaration documents, the proposed Poway Subarea HCP and companion IA documents,
and associated approval actions including General Plan Amendment, GPA 95-02 and
ordinances amending the City's grading and zoning ordinances; and
WHEREAS, at said public hearing the City Council issued the Negative Declaration
in accordance with the CEQA Guidelines and adopted a resolution approving GPA 95-02,
which adopted the proposed Poway Subarea HCP and companion IA documents, and
amended the relevant Elements of the Poway General Plan to incorporate by reference
such documents and the requirements thereof; and
WHEREAS, the City, USFWS and CDFG agree that adoption of the HCP and
execution of the companion IA will provide a private property owner with the option to rely
upon the City's Incidental Take/Management Authorization Permit; and
Resolution No
Page 2
WHEREAS, the Poway Subarea HCP and companion IA provide reasonable
economic use to owners of private property who choose to rely upon the City's Incidental
Take/Management Authorization Permit in that development may proceed in accordance
with the General Plan long with the protection and preservation of sensitive habitats; and
· 95-097
WHEREAS, the Poway Subarea HCP has been prepared in compliance with the
ESA and the CESA and may be amended or revised at the mutual agreement of the City
and the wildlife agencies as may be appropriate because of changes to those laws; and
WHEREAS, the companion Implementing Agreement (IA) document must be signed
by the Mayor of the City of Poway and by the USFWS and CDFG (Wildlife Agencies) in
order for the IA and the Poway Subarea HCP to become effective and for the related "take,
permits and management authorizations" to be issued to the City by the wildlife agencies;
and
WHEREAS, the Poway Redevelopment Agency has determined that Agency
approval of said documents and compliance with the requirements thereof by all Agency
redevelopment projects is necessary and appropriate in order to be consistent with the
Poway General Plan, as amended by City Council approval of GPA 95-02.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Poway
by adoption of this resolution, does hereby:
1. find that the approval of the Poway Subarea HCP and the companion IA will not
have a significant adverse environmental impact and hereby issues a,.,,,,~.,.~-
Negative Declaration pursuant to CEQA.
2. adopt the proposed Poway Subarea HCP including the changes shown in Exhibit
A attached hereto.
3. authorize the Mayor to execute the Implementing Agreement/California .~,
Endangered Species ACt Memorandum of Understanding including the changes .
shown in Exhibit B attached hereto.
4. find that all projects undertaken by the City shall comply with the requirements
of the Poway Subarea HCP and the companion IA as approved herein, and as
approved in accordance with the City Council resolution adopting General Plan
Amendment, GPA 95-02.
5. find that the HCP will provide private property owners who require a permit under
the ESA and CESA with the option of relying upon the City's permit issued in
conjunction with the HCP and its IA if the owner voluntarily agrees to be bound by
the terms of the HCP.
Resolution No. 95-097
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6. find that if the need for permits under ESA & CESA no longer exists, the HCP
shall no longer be in effect.
7. find that nothing precludes private property owners form seeking their own
permits.
8. All necessary clerical changes shall be made to the HCP and its maps and the
Implementing Agreement in order that those documents conform to the terms of this °'
resolution providing for voluntary participation by private properties.
APPROVED and ADOPTED by the City Council of the City Of Poway, State of.
California, this 15th day of August, 1995.
Susan Callery, D~'~uty May~/
ATTEST:
Marjorie I~_ Wahlsten, City Clerk
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Resolution No 95-097
Page 4
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. 95-097 , was duly adopted by the
City Council at a meeting of said City Council held on the 15th day of
Aucjust ,1995, and that it was so adopted by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: HTGGINSON
Marjorie K. Wahlsten, City Clerk
City of Poway
Resolution No. 95-097
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EXHIBIT A
PROPOSED CHANGES TO THE
DRAFT POWAY SUBAREA HABITAT CONSERVATION PLAN/
NATURAL COMMUNITY CONSERVATION PLAN
The following changes to the Draft Poway Subarea Habitat Conservation Plan/Natural
Community Conservation Plan are made. References are to pages as numbered in the
June 1995 Public Review Draft.
page 1-1, oaraaraoh 1. beainnina on line 6
...Preparation and implementation of this citywide HCP is necessary to allow for the
in~!d~nta take ~ listed species o.,b.,.~ ,,p,~.,u:.bli,..c, ii~]~ .a,..nd ~ ~?ate projects ~~
~i~~~I:~~'.~.~]~~~~j~-' ,.'.:: "~' :.~'i:..>'~ ........ =" ~>'~ i: ......... ~=.~..:~. ~.: :.~>.-,~-,'.~. ~=..~'.:::-'.,~:. ~'.:-~.~.'~..,~ '~:'.:?'?'.¥=~.~:~"~..::~," !.'.'.::>'.~i: '"'~:~":~:~'~:-' '~, L ......... ~ ,,~;~,-~-~'~'~;,~, ..... · ~1~ q~i~',~;,~
Page 1-4. _Daraaraoh 4. beginning on line 5
Page 1-8. Daraoraoh 3. beginning on line 3
Page 1-11. paraoraph 3. beginning on line 1
Approval of me Subarea HCP by the City of Poway will ~~:~..~.'~ ...... m a
General Plan amendment...
Page 1-12. oaraoraph 3. beginnin~ on line 1
will process public and private project approvals ~n ~he customary manner, mcorporabng
the Poway Subarea HCP into their normal project review and approval and CEQA
~:~~'~[~6>i'~'~:~'~l''' )u~hc heanng requ,rements wdl apply ....
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Page 6
Exhibit A
Page 2
Pa,qe 5-21. oara0raoh 3, beginning on line 7
...The Poway Subarea HCP creates a resource conservation c ..... ~ ..........................
?~,i~i~'~!~'~!,ii!}~l~!lliiiiig~iiii~i}iii~ii~'g~ special dev.?..!opment
ensure ....
Resolution No. 95-097
Page 7
Exhibit A
Page 3
Page 7-3, para.araDh 4. beainnina on line 1
The special development requirements apply to public ~j~ and ~ private development
projects Io~ted w~th~n the bounda~...~ .°f the RCA ~)~..~:.,:~~~>~.m~:~'
~:~~:~,~,~,~,,~~.'[~?" ;"'~~:~fl~i~'~;~{~or outsiae the ~uA ~n areas supporting native
vegetation ....
Page 7-9. paragraph 1. beainnine on line 1
The following specific requirements shall apply to parcels of land located within the
· ~ . ,,: ,.~.,~ :.~·., .... ~+..,:.>.,:. ~: ,: >.< .,,..,.¥~.~<..·~:<.>: :~>.. ~.~......,× .>~: : >.., .,.,.~..:.,.-. ?.x. ×.~.~<.. ~.,.' i~ ~>' ~' ' ' <
boundary of the RCA ' ~{ i~ :~! ' ?:~' ~:~ ~ ~ [ ~~:~~l
.........
Page 7-18. paraaraph 4. beginnina on line 1
Map 3; preserve Design
Various modifications to the Preserve Design map are also adopted as shown in the
Preserve Design map dated August 15, 1995.
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EXHIBIT B
PROPOSED CHANGES TO THE
DRAFT IMPLEMENTING AGREEMENT/
CESA MOU
The following changes to the draft Implementing Agreement/CESA MOU are shown with
reference to pages as numbered in the June 1995 draft included in Volume 2: Appendices
of the Public Review Draft of the Poway Subarea Habitat Conservation Plan/Natural
Community Conservation Plan.
Page 7, end of paragraph 4
...the Poway General Plan and Paguay Redevelopment Plan.
~i~~~i~.~.'~I~ili~i~~. ~:~i[~ii~~~~!~~'. ~ ~. ~ · .~ ~ ~ ~ ~.,.~.:. ~.~-. .... ~ -~.~ :+,-~,> ,~. : ~. :.. :~.:.~.~:...~ .,~.,:<... ~ ~.~.~: .:~' :. ~: ~:~-. {~>. ~.:~ ..:~ .~:~
.... ~: -....~+.. ~ · . =~. · .. ~. ~ . ....., :~:..........? ......~ .......
Paoe 11. oara=raoh 4
A. Implementation of the PSHCP, ~'" ::~:~'"'~"~'"~:~? =~?=<'~=':'T':'~':"~';~%~b'~'="~"<'"""~'":;~'":~
~~j~ fulfils the regional =lOIOgl~I resour~ imp=~ mlII~={IO, i~e~Iilleo
for ~e approved S~ipps P~ay Pa~ay ~ension Proje~, and that additional mitigation
is not required for impacts to Covered Species.
Page 12. oameraDh 2
A. CDFG agrees that implementation of the PSHCP,~:~....:...:.:~.:~:.~.:.~:...~.~.~'""~'"]"~' ~:.'"?t~"%~: ..... ~j'?~" ~'"~
~~~~~[~ fulfills the regi'~'~'l"Si6l'b~'i~l"~'~ou~"l~
'~'~<{~:~tlo~'~'~{~~~:~'~"~*~s Poway Par~ay E~ension Proje~, and that
additional mitigation is not required for impacts to Covered Species.
Paae 12. oaraeraoh 6
E. CDFG shall ~nsider adherence to the terms of this Agreement, the Plan, and the
Management Au~orization to be ~mplian~ with the provisions of the CESA, the NCCP
Act and ~ ~
Page 18. oaraaraoh 2. beoinnina on line 10
...be submitted to ~ ~ under the Plan;...
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