Res 97-086RESOLUTION NO. 97-086
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ESTABLISHING A HABITAT MITIGATION COMPENSATION "IN-LIEU" FEE
WHEREAS, On August 15, 1995, the City Council approved the issuance of a
Negative Declaration (State Clearinghouse No. 9506-4018) pursuant to the California
Environmental Quality Act (CEQA) and in a related action adopted a resolution approving
the Poway Subarea Habitat Conservation Plan and its companion Implementing
Agreement (Poway HCP/IA); and
WHEREAS, the adopted Poway HCP Section 7.7 (Habitat Mitigation Compensation
"In-Lieu" Fee Process and Schedule), which also is referenced in the approved Poway
HCP Implementing Agreement, addresses Purpose and Intent, Project Qualifications for
the In-Lieu Fee Option, In-Lieu Fee Process, and In-Lieu Fee Schedule; and
WHEREAS, the price of mitigation lands in and around the City of Poway since 1989
have ranged from $2,584 to $20,850 per acre; and
WHEREAS, the purpose of the habitat mitigation compensation "in-lieu" fee is to
provide an efficient and viable option for the mitigation of direct, indirect, and cumulative
biological resource impacts, on a project-by-project basis; and
WHEREAS, such in-lieu fees accepted by the City will be deposited in the Poway
Mitigation Area Fund to be subsequently used by the City to acquire appropriate habitat
lands within the Poway HCP Mitigation Area and to cover the long-term operation,
maintenance, and management costs of the Poway HCP preserve system.
WHEREAS, the City Council finds that the approval and adoption of this resolution
is covered under the Negative Declaration (State Clearinghouse No. 9506-4018) previously
issued by the Poway City Council on August 15, 1995 and in connection with the adoption
of the Poway HCP/IA; and
WHEREAS, on September 30, 1997 the Poway City Council held a properly noticed
headng to consider the determination of the Habitat Mitigation Compensation "In-Lieu" Fee.
NOW, THEREFORE, BE IT RESOLVED that the Habitat Mitigation Compensation
In-Lieu Fee is hereby established at $10,000 per acre until August 15, 1999, at which time
such In-lieu fee will be updated.
Resolution No. 97-086
Page 2
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 30th day of September, 1997.
ATTEST:
Don Higginson, Maydu/O'
Marjor~. 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. 97-086 , was duly
adopted by the City Council at a meeting of said City Council held on the 30th
day of September ,1997, and that it was so adopted by the following vote:
AYES: CAFAGNA,
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
EMERY, GOLDBY, REXFORD, HIGGINSON
E:\CITY~PLANNING\REPORT~HCPINLEW.RES
Marjori¢ I~. Wahlsten, City Clerk
City of oP..o..Way