Item 15.1 - Requests for Rehearing of Poway Subarea Habitat Plan
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AGENDA REPORT SUMMARY
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): Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~ .
INITIATED BY: John D. Fitch, Assistant City Manage~+ &
Reba Wright-QuastJer, Director of Plan ng Services ~~
DATE: September 5, 1995
SUBJECT: Requests for Rehearing of Poway Subarea Habitat Conservation Plan/Natural
Community Conservation Plan and associated action items.
ABSTRACT
This report addresses two requests for rehearing of the Poway Subarea Habitat Conservation
Plan/Natural Community Conservation Plan and associated action items including a general plan
amendment, first reading of two municipal code amendment ordinances and authorization for the
Mayor to sign the implementing agreement for the Subarea Plan.
ENVIRONMENTAL REVIEW
Chis action is not subject to CEQA.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council deny the request for rehearing.
ACTION
E:\CITY\PLANNINGIREPORTlREHRHCP.SUM
SEP 5 1995 ITEM 15. j",
1 of 16
CITY OF POWAY
AGENDA REPORT
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TO: Honorable Mayor and Members of the City
Council
FROM: James L Bowersox, City Ma~
INITIATED BY: John D, Fitch, Assistant City Manage~\ &
Reba Wright-Quastler, Director of Plan ing Services ~
DATE: September 5, 1995
SUBJECT: Requests for Rehearing of Poway Subarea Habitat Conservation
Plan/Natural Community Conservation Plan and associated action
items,
BACKGROUND
On August 15,1995 the City Council adopted the Poway Subarea Habitat Conservation
Plan/Natural Community Conservation Plan ("Subarea Plan"), a General Plan Amendment
incorporating the Subarea Plan into the General Plan by reference, a resolution authorizing
the Mayor to sign the implementing agreement, and gave first reading to two ordinances
which incorporate reference to the Subarea Plan into the Zoning and Grading Ordinances.
Notice of the August 15 hearing was mailed to 3365 property owners within the Mitigation
Area of the Plan and 500' surrounding it on June 22, 1995. This notice also included
information about a public information meeting which was held at the Community Center
of July 6, 1995.
FINDINGS
On August 24 a request for rehearing was filed by a group calling themselves Citizens for
Private Property RightslPoway and on August 25, 1995 Edward Malone filed a request for
rehearing.
The Poway Municipal Code provides for rehearings by the City Council for rezones and
zoning ordinance amendments in Section 17.46.080. This section provides that the City
Council may rehear and reconsider its action "if there is new and different evidence not
available at the previous hearing..." In addition, the Council has granted rehearings in the
past when there was an error in the noticing provided
Members of the public had the opportunity to either submit their comments in writing or to
make oral presentations at the public hearing, or both. The letters requesting rehearing do
not provide any new information that was not provided prior to Council action.
SEP 5 1995 ITEM 15.[...
2 of 16
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Agenda Report
- September 5, 1995
Page 2
The notice requirement for actions involving a Negative Declaration is 21 days. On June "
22,1995,54 days prior to the public hearing, notice was mailed to 3365 persons whose
property is entirely within the Mitigation Area, or where a previously dedicated open space
portion of the property is within the Mitigation Area or whose property falls within 500 feet
of the Mitigation Area. Copies of the notice are attached to this report. Each packet
included the same second and third sheets while different cover notices were included
which specified whether the property was within, partially within or adjacent to the Mitigation
Area. This notice also provided information conceming a public information meeting which
was held on July 6, 1995 at the Community Center.
ENVIRONMENTAL REVIEW
This action is not subject to the California Environmental Quality Act.
FISCAL IMPACT
None.
PUBLIC NOTIFICATION AND CORRESPONDENCE
If a rehearing is granted, the public will be notified of the new hearing date.
~ECOMMENDATION
It is recommended that the City Council deny the request for rehearing.
JLB:RWQ
ATTACHMENTS:
A. Letters requesting rehearing
B. Notices of public hearing
E:\cITYlPLANNINGIREPORT\REHEAR.HCP
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3 of 16 SEP 5 1995 ITEM 15.\ "1
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HI..I.J-I:.~-:. ':1'::1::> :.b~ /..,i- I-RONE CO. 619 453 6870 F.02
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rRECEIVED~
AUG 2 5 1995 I
\. { , ,
CITY OF POWAY ~.
CITY CLERK'S OFFICI
HICtDEN v..L.......... "ANeH
~~~~ l~rNrG~r Air~Ur
...... (U, (;'''. (~"'llrn'H4'''' Q~.,. I
.o:>l....ol"'.l.M"" I'A-."",:'l4~'''(') August 25, 1995
City of poway .* VIA FACSIMILE &
13325 civic Center Drive US MAIL .*
poway, CA 92064
Attn: City Clerk
On August 15, 1995, the poway City Council conducted a
public hearing on the Joint Environmental Assessment (EA) and
Initial Study (IS)/Proposad Mitigated Negative Declaration,
Associated General Plan AmendlUent 95-02, Associated Zoning
Ordinance Amendment 95-01, Associated Gradinq Ordinance Amendment
and Associated poway Redevelopment Agency Resolution of Approval;
All Concerning the Proposed city of poway Subarea Habitat
Conservation Plan (poway Subarea HCP) Project and Companion
Implementing Agreement/ Management Authorization (IA/MA) ,
Applicant; City of Poway/Poway Redevelopment Agency.
Please accept this letter as an appeal for rehearing of the
City Council's 4-0 approval for the following reasons:
1. Lack of a sufficient review period
Notice of hearing received Fri, 6/23
*EMW Call to Mr. Nessel tor info Mon, 6/26
(he was not in, left message to call)
Staff returned call to *EMW Thurs, 6/29
(said plan is 3 volumes and must
be copied it purchased)
*ECM returned trom out of country trip Mon, 7/3
*ECM rec'd FAX with notice Tues, 7/4
*ECH in LA (Info Meeting in poway) Thurs, 7/6
*ECM Meeting with Mr. Nessel Thurs, 7/13
Dratt plan at counter being corrected
as well as memo on wall
FINAL PLAN to be Available Mon, 7/17
.ef ~",-J
~~ A TT ACHMENT:A
"7t'Z.f,7 1995 ITEM 15,/~
4 of 16 } . ..... ..,., .., . ...... ,. "
F'IUG-25-1995 16143 MAl..OI'lE CO. 619 453 6870 F.03
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c:11:Y ot poway
Page 2
Auqust 25, 1995
,
*ECM called to see if HCP wae Mon, 7/17
ready (not ready)
*ECM picked up HCP TUBS, 7/18
(3 volumes, 500 plus pages)
*ECM Meeting with Callery, Bowersox, Fri, 8/11
Wright-Quastler
Amendment to HCP and Staff Report provided to
approximately 10 attendees (77 pages)
Hearing on HCP and adoptions Tues, 8/15-
Wed, 8/16
*EMW Erin Malone Walsh, The Malone Company
*ECM Edward C. Malone
A proposal as voluminous, complex and potentially damaging
as the RCP cannot be reviewed at the Planning Department counter
or Library by those who are employed. The Plan was not available
for purchase until 7/18. The hearing was 8/15. Further, the
Plan was Substantially modified by Amendment which was available
on 8/11, only 4 days prior to the Hearing and then available to
only 10 people. Two thousand two hundred and ninety (2,290)
property owners were unaware of the amendment until the staff
report at the hearing.
2. I may be unable to raise issues in a court challenge
because I was denied an opportunity to raise them at the hearing.
The notice of Hearing contained this statement:
"If you wish to express concerns in favor or against the
above, you may appear in person at the a:bove described
meeting or submit your concerns in writing to the City
Clerk, city of Poway. If you challenge the matter in court,
you may :be limited to raising only those issues you or
someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City
Council at, or prior to, the pUblic hearing."
Y had a list of 22 issues to put in the record. The allocated 3
minutes did not allow me time to raise but a few of the issues.
Eight other speakers then yielded their 3 minutes to me (32 in
total) to finish. The Chair ruled I would have only 3 additional
minutes, most of which was used in discussing whether or not I
had a right to the additional time.
- Consequently, I have been denied the alternative to
presenting lilY concerns orally to the Council and accordinljJ to the
5 of 16 SEP 5 1995 ITEM 15./"1
AUG-2S-1'39'3 1614:3 MALOt-1E CO. 619 453 6870 F.04
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city O~ POWDY
Page :3
August 25, 1995
notice, have possibly lost the opportunity to raise them in a
court challenge.
3. The Council's actions ~ay be legal but were they fair:
While the HCP took :3 years and hundreds of thousands ot dollars
to produce, out of the 2300 property owners whose property is
effected, r know of only 2 who had knowledge of the preparation
of the plan. This may be "legal", but certainly not tair.
The majority of the 200 plus people in attendance asked for
a 60 day continuance to allow time for the~ to determine what
effect the plan will have on their property. Some felt that the
HCP should be on the ballot. Both requests were denied.
Please place this appeal in the file with a copy to Council
Members, city Manager, Planning Director and City Attorney.
Sincerely,
~~~~
Edward C. Malone
/je
6 of 16 SEP 5 1995 ITEM 15./ 'I TOTML P.04
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rRECEIVED, "
City of Po way AUG 2 -4 1995 23 August 95
t
13325 Civic Center Drive '. CllY OF POWAY -
Poway, CA 92064 CITY CLERK'S OFFIC!
Attention City Clerk,
Please accept this request for rehearing regarding the City Councils approval of the Poway
Subarea Habitat Conservation Plan/ Natural Community Conservation Plan, Associated Zoning
Ordinance and General Plan Amendment changes that occurred at the August 15 1995 meeting
ofthe City Council. The actual approval occurred on morning of 16 August 1995. This request
is based on the following allegations:
1. Contents and allegations set forth in the document "Letter of Objection and Comment upon
the Public Review Draft ofthe Joint Environmental Assessment (EA) and Initial Study....."
submitted to the City Clerk at the City Council meeting 15 August 1995 by Mr. Craig Beam of
Luce,Foward, Hamilton & Scripps. This document was not reviewed by City Council
-Members, Citv Planners or City Council prior to the City Council Members approval of the
.labitat Conservation Plan. etc.
II.. Violation ofthe California Environmental Quality Act (CEQA)
The documents that were provided for thirty day public review were based on a Mitigated
Negative Declaration. This was changed to a Negative Declaration just prior to August 15. The
public had not had a thirty day review period of the change. The council needs to provide the
citizens of Po way this review period of the change as provide for by CEQA. In this incident the
public was deprived of their rights of due process in this case of inadequate notification.
Ill. Violation of Supreme Court Law
The U.S. Supreme Court case of Dolan v. Tigard (July 94) has a rough proportionality
takings clause in regards to governmental exactions. The case of the two acre maximum habitat
disturbance regardless oflot size violates the rough proportionality clause in that in an example
of a 100 acre parcel, a 98% exaction for open space is not the least bit proportional to a two
acre maximum habitat disturbance.
IV. Violation of Civil Rights
The Subarea Habitat Conservation Plan violates Civil Rights as it is being selectively applied to
- -:ertain Poway landowners and citizens. An equal application for habitat protection for example
.... would be a general building moratorium. As the Habitat Program is touted as a program for the
0 greater public'benefit, the general public should pay for the costs, that is all of the costs. As it
.... stands the burden for providing open space rests on exactions from the landowners who have
....
0\ properties within the Habitat Planning Area. This is a selectively applied burden that violates
the Civil Rights of certain property owners. SEll 5 1995 ITEM 15. 1"1
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V. Violation of the Fifth Amendment of the U.S. Constitution
The Poway Subarea Habitat Conservation Plan allows governmental (property) taking without
just compensation as provided for in the U.S. Constitutions Fifth Amendment which states that
government shall not take property without just compensation. An example ofthis referring to
the above mentioned 100 acre parcel example, constitutes a 98% governmental taking..
VI. Allegation that the City of Poway does not have the authority to protect species that are
neither threatened nor endangered. The vast majority of the species that are protected by the
Poway Subarea Habitat Conservation Plan are not protected by the U.S. Fish and Wildlife
. Service. Poway does not have the legal authority to protector enforce the protection of the
taking of species that are neither threatened or endangered.
Other considerations:
A. The City of Po way approved the Subarea Habitat Conservation Program without upfront
funding and guarantees by the federal agencies that "a deal is a deal" and that new listings of
endangered species will not affect the landowners whose lands are enclosed within the Subarea
Habitat Conservation Plans-Planning Area.
B. A program of this profound magnitude and potential adverse consequences, morally should
be put up before a "ote of Po ways general ,'oting populace. The Citiy Councils approval of the
program with its corresponding cryptic notice designed to keep the public uninformed unaware
and shutup in the face of massive public protestation was at best an immoral abomination.
C. The proposed two acre maximum habitat disturbance by parcel was admittedly not based on
any scientific evidence regarding habitat or species protection but by a "best guess" of a city
planner probably not qualified in the matters of scientific biological endangered or threatened
species evaluation and protection. The Multiple Species Conversation Plan (MSCP) has habitat
protection based on percentages of protection that varies by the quality of habitat or habitat
type. The MSCP biological protection was developed by experts while Poways was, in part,
based upon a guess. Guessing is an absolutely unconscionable methodology to be basing a
program of this magnitude upon.
Citizens for Private Property Rights/Poway
13319 Stone Canyon Road ftL Vie. +<lr q,f,ok<-c::
Poway, CA 92064 fU-U /if
(619) 485-5703
8 of 16
, ........... POWA:
,
~ITY OF
DON HIGGISSON. \1.ayor
5l'SA~ CALLERY. o.PUIY ~ayor
BOB EMER Y. Counl:i1member
~ICKEY CAFAONA. Counc;dmemb<t
BETIY REXFORD. Counc:i1mcmber
,
ANQ NOtiCE OF AVAILAQILlTY fOR PUBLIC REVIEW
PLEASETAKENOTE..THAT'THE....SUBJECi/MAII~ROF::THIS PUBUCNOi'JcE
APPLIES TO YOURPROPERTY.YOU..HAVEREgElvEDTHIS NOTICE BECAUSE
YOUR PROPERTY IS LOCATED WITHIN THE PROJECT BOUNDARY. WHICH IS THE
STANDARD NonFiCAnON REQUIREMENT OF='.Il"IE CITY OF=' POWAY. .,'}..'/'
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. ..
NonCE IS HEREBY GIVEN that the City of Poway/Poway Redevelopment Agency will
hold a Public Hearing at the Community Center, located in Poway Community Parle,
13094 Bowron Road, Poway. California 92064 on Tuesday, August 15, 1995 at 7:00
p.m., or as soon as possible thereafter to consider the following item:
Joint Environmental Assessment lEAl and Initial Study IISI/ProDosed Mitioated Neoative
Declaration. Associated General Plan Amendment 95-02. Associated Zonina Ordinance
Amendment 95-01. Associated Gradina Ordinance Amendment. and Associated Powav
Redevelooment Aoencv Resolution of ADDroval: All Concernina the Pro Dosed City of
Powav Subarea Habitat Conservation Plan IPowav Subarea HCPI Proiect and
ComDanion ImDlementina Aoreement/Manaaement Authorization !lA/MAl. ADDlicant:
City of Powav/Powav Redevelooment Aoencv.
The City of Poway. the Poway Redevelopment Agency, and the U. S. Fish and Wildlife Service
I as Co-Lead Agencies. in consultation with the California Department of Fish and Game (Trustee
i Agency). have prepared a joint Environmental Assessment (EA) and Initial Study lISI/Proposed
I Mitigated Negative Declaration document for the proposed Poway Subarea HCF Froject. the
, companion IA/MA. and the associated approval actions noted above in compliance with the
I
I National Environmental Policy Act (NEFAI and the California Environmental Quality Act ICEOA).
,
I respectively. The joint environmental document evaluates the potential significant environmental
I impacts of the proposed Poway Subarea HCF Project and alternatives to the Froject. and
provides specific measures to mitigate identified impacts to a level of less than significant.
Fursuant to the State CEOA Guidelines. City staff is recommending the issuance of a Mitigated
I Negative Declaration. indicating no significant adverse environmental impacts anticipated by the
I approval of the Project. the companion IAIMA and the associated approval actions.
I The proposed Poway Subarea HCP and companion IAIMA have been completed according to
relevant federal and state laws and guidelines. The primary purposa of the Poway Subarea HCP
and companion IAIMA is to ensure the protection of sensitive plant species, wildlife species. and
their natural habitats through the preservation and Management of native vegetation
communities found within the Resource Conservation Area of the HCP. and to provide certainty
to residents, property owners. and public agencies concerning the public and private
development projects anticipated by the City of Poway General Plan and Redevelopment Plan.
~ Cit\. H311 Located at 13325 Civic Center Drive
{;;l.. Mailing Address: P.O. Box i5Cl. Poway. California 92074.0789 . (619) 745-6600. 695.1400
9 of 16 A TT ACHMENT BsEP 5 1995 ITEM 15.( ~
The IAIMA is a binding "Agreement" between the City and the federal/state agencies which
identifies assurances and responsibilities toward the implementation of the HCP.
Upon approval of h HCP and companion IAIMA, the City will be issued long-term permits from "
the federal and ltllte agencies for the incidental "take" of specific plent species, wildlife species,
and associated habitats covered by the HCP and companion IAIMA, and located within the
jurisdiction of Poway. The permits will be issued in accordence with the provisions of the
Federal and State Endangered Species Acts and other relevant legislation concerning the
protection/conservation of federally listed endangered, threatened, and key candidate species or
their habitat, as well as state protected species, and/or other species of concern or their habitat.
Subsequently. the permits will be administered by the City, and will apply to public and private
projects within the City that undergo separate environmental review and are found to be in
conformance with the HCF and the companion lA/MA.
The associated amendments to the General Plan, Zoning Ordinance and Grading Ordinance
incorporate by reference the HCP and companion IAIMA into those City documents. The Poway
Redevelopment Agency resolution approves the HCP and companion IAIMA documents, and
requires Redevelopment Agency projects to conform to the requirements contained within those
documents.
NOTICE OF AVAILABILITY IS HEREBY GIVEN that the Initial StudylProposed Mitigated Negative
Declaration and supporting Project documents will be available for a 3o-day public review period
beginning on approximately June 21,1995, through July 21,1995, in compliance with CECA.
These documents may be reviewed, or purchased for the cost of reproduction, at the Planning
Services Department located at City Hall, 13325 Civic Center Drive, Poway. CA 92064. In
addition, they may be reviewed at the City Clerk's Office in City Hall and at the Poway Public
Library located in the Lively Center at 13264 Poway Roed. This notice has been published in the
Poway News Chieftain. It has also been mailed to owners of property located within the
boundary of the Resource Conservation Area (RCA) of the HCP, and to owners of property
located within a 500-foot radius of the RCA. Written comments on these documents must be
received during this periOd by the City of Poway. Please send your comments directly to Jim
Nessel, Senior Flanner, Planning Services Department located at City Hall at the address above.
For NEFA compliance, the U.S. Fish and Wildlife Service will publish a separate Notice of
Availability of the Environmental Assessment (EA) and Project documents in the Federal Register
for a concurrent 30-day comment periOd beginning on apprOximately June 21,1995.
If you wish to express concerns in favor or against the above. you may appear in person at the
above described muting or submit your concerns in writing to the City Clerk, City of Poway. If
you challenge the matter in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written correspondence
delivered to the City Council at. or prior to, the public hearing.
If you have special needs requiring assistance at the meeting, please call the City Clerk at
679-4236 twenty four hours prior to the meeting. so that accommodation can be arranged.
.
10 of 16 SEP 5 1995 ITEM 15, {,.,
CiTY POWAY -
OF
DON HIGGINSON. M.yor
SUSAN CALLERY. Oepu,y Mayor
--8 EMERY. Counc:iJmember
::KEY CAFAGSA. Couneilmembcr
BETTY REXFORD. Councilmcmber
iRLEASg:;;TAKaNOTEitTHA1F;rHE[jsUBJEC!liAti"~RrOE~'1f.HisrP:UBUqrNoncEJ
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!~~~~~~ili~g~l~ll~~~~I~~~~~iYf;~~~iil~~~~Jl~~I~i~il
(PROJECT BOUNDARY;iWHICHISTHESTANDARD,.NOTlFICATlON REQUIRE MENTf
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NOTICE IS HEREBY GIVEN that the City of Poway/Poway Redevelopment Agency will
hold a Public Hearing at the Community Center, located in Poway Community Park,
13094 Bowron Road, Poway, California 92064 on Tuesday, August 15, 1995 at 7:00
p.m., or as soon as possible thereafter to consider the following item:
Joint Environmental Assessment lEAl and Initial Studv (ISl/Prooosed Mitiaated Neaative
Declaration. Associated General Plan Amendment 95-02. Associated Zonina Ordinance
Amendment 95-01. Associated Gradina Ordinance Amendment. and Associated Powav
ledevelooment Aaencv Resolution of Aooroval: All Concernina the Prooosed City of
Powav Subarea Habitat Conservation Plan IPowav Subarea HCPI Proiect and
Comoanion Imolementina Aareement/Manaoement Authorization (IAIMAI. Aoolicant:
City of PowavlPowav Redevelooment 'Aaencv.
The City of Poway, the Poway Redevelopment Agency, and the U. S. Fish and Wildlife Service
as Co-Lead Agencies, in consultation with the California Department of Fish and Game (Trustee
Agencyl, have prepared a joint Environmental Assessment lEAl and Initial Study (ISl/Proposed
Mitigated Negative Declaration document for the proposed Poway Subarea HCP Project. the
companion IAlMA, and the associated approval actions noted above in compliance with the
National Environmental Policy Act (NEPAl and the Califomia Environmental Quality Act (CECA),
respectively. The joint environmental document evaluates the potential significant environmental
impacts of the proposed Poway Subarea HCP Project and alternatives to the Project, and
provides specific measures to mitigate identified impacts to a level of less than significant.
Pursuant to the State CECA Guidelines. City staff is recommending the issuance of a Mitigated
Negative Declaration, indicating no significant adverse environmental impacts anticipated by the
approval of the Project. the companion IA/MA and the associated approval actions.
The proposed Poway Subarea HCP and companion IAIMA have been completed according to
relevant federal and state laws and guidelines. The primary purpose of the Poway Subarea HCP
and companion IAIMA is to ensure the protection of sensitive plant species, wildlife species, and
their natural habitats through the preservation and Management of native vegetation
- communities found within the Resource Conservation Aree of the HCP, and to provide certainty
~o '''''''''. '''po"" ow.".. ,,' ","0 .,...... 0"""''';'' tho "bHo '"' ,rivata
development p~ojects anticipated by the City of Poway General Plan and Redevelopment Plan.
City Hall Located at 13325 Civic Center Drive
.. ... 1 Address: P.O. Box 789. Poway. California 92074-0789 · ~19) 748-6600. 695-1400
11 of 16 S P 5 1995 ITEM 15, (1
The IA/MA is a binding "Agreement" between the City and the federal/stata agencies which
identifies assurances and responsibilities toward the implementation of the HCP.
Upon approval of the HCP and companion IAIMA, the City will be issued long.term permits from "
the federal and state agencies for the incidental "take" of specific plant species. wildlife species,
and associated habitats covered by the HCP and companion IAIMA. and located within the
jurisdiction of Poway. The permits will be issued in accordance with the provisions of the
Federal and State Endangered Species Acts and other relevant legislation concerning the
protection/conservation of federally listed endangered. threatened. and key candidate species or
their habitat, as well as state protected species, end/or other species of concern or their habitat.
Subsequently, the permits will be administered by the City, and will apply to ~ublic and private
projects within the CitY that undergo seperate environmental review and are found to be in
conformance with the HCP and the companion IAIMA.
The associated amendments to the General Plan. Zoning Ordinance and Grading Ordinance
incorporata by reference the HCP and companion IAIMA into those CitY documents. The Foway
Redevelopment Agency resolution approves the HCP and companion IAIMA documents. and
requires Redevelopment Agency projects to conform to the requirements contained within those
documents.
NOTlCE OF AVAlLABIUTY IS HEREBY GIVEN thet the Initial StudylProposed Mitigated Negative
Declaration and supporting Project documents will be aveilable for a 3o-day public review period
beginning on approximately June 21. 1995. through July 21, 1995. In compliance with CECA.
These documents may be reviewed, or purchased for the cost of reproduction. at the Planning
Services Department located at CitY Hall. 13325 Civic Center Drive. Poway. CA 92064. In
addition, they may be reviewed at the City Clerk's Office in City Hall and at the Poway Public
Library located in the Lively Center at 13264 Poway Road. This notice has been publiShed in tha
Foway News Chieftain. It has also been mailed to owners of property located within the
boundary of the Resource Conservetion Area (RCA) of the HCP. and to owners of property
located within a 500-foot radius of the RCA. Written comments on these documents must be
received during this period by the CitY of Poway. Please send your comments directly to Jim
Nessel. Senior Planner, Planning Services Department located at City Hall at the address above.
For NEPA compliance, the U.S. Fish and Wildlife Service will publish a separate Notice of
AvailabilitY of the Environmental Assessment lEA) and Project documents in the Federal Register
for a concurrent 30-day comment period beginning on approximately June 21. 1995.
If you wish to express concerns in favor or against the above. you may appear in person at the
above described meeting or submit your concerns in writing to the City Clerk. City of Poway. If
you challenge the matter in court. you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written correspondence
delivered to the City Council at. or prior to. the public hearing.
If you have special needs requiring assistance at the meeting. please call the City Clerk-at
679-4236 twenty four hours prior to the meeting. so that accommodation can be arranged.
.
12 of 16 SEP 5 1995 ITEM 15.{ "
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CITY OF POWAY - I
DON HIGGINSON. Mayor
S~AN CALLERY. Deputy Mayor
EMER Y. Councilmember
"'.....KEy CAFAGNA. Coun.;i1membc(
BErry REXFORD. Councilmcmbe(
. '
,_' .c..::. "'".,-":_ -' -.,...? :',,-. ':,' _,. ;'c'-'" .. ,",_ ,:... ...:".. - ,'.-.,;. ....,'. ".. . <'~':_" -': -, '-: ,.', :.."..:.:..,:..",.:..-:,..~.:,;..,-.. ",.'.. ...,.c'<:,:.".<.:::-..4j-;.,:::....,;,...:.--i!I,.....- ",', ..-,-.". ">>..' .,:;'-::'.: -"""::"..:',
PLEASE' TAKE 'J.lOTE "THA TiTHE ',5UBJECTMATrER'!OF$THIS','PUBUCNOnCE
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DOES NOT:APPLV;TOYOUR" PROPERTY.LYoU"HAve;RECEIVEO;';THISNOTlCE
ONLYBECAtJSE'(OllR~ROPER,rfiIS' Lq~AT.~D~!HjN~~OOJ=d6T RADllISOF.
THETPROJECT;BOUNDARY,{WHICHj\lS>THE:@STANDARO'.~NOnFlCATJON
I REQUIREMENT...O~:JHE"CITY OFPOWA'f~*!;;;!:;;;f\%i1f;:I~~t!~11'!~:'i!'ff~';;f;i/.'..,\r\/)':':'t;i;)i
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I' NOnCE IS HEREBY GIVEN that the City of Poway/Poway Redevelopment Agency will
hold a Public Hearing at the Community Center, located in Poway Community Park,
13094 Bowron Road, Poway. California 92064 on Tuesday, August 15. 1995 at 7:00
p.m., or as soon as possible thereafter to consider the following item:
Joint Environmental Assessment lEAl and Initial Stud v /ISlfProoosed Mitioated Neoative
Declaration. Associated General Plan Amendment 95-02. Associated Zonino Ordinance
_ Amendment 95-01. Associated Gradino Ordinance Amendment. and Associated Powav
Redevelooment Aoencv Resolution of Aooroval: All Concernino the Prooosed City of
Powav Subarea Habitat Conservation Plan IPowav Subarea HePI Proiect and
Comoanion Imolementino Aoreement/ManaoementAuthorization /lA/MAl. Aooficant:
I City of Powav/Powav Redevelooment Aoencv.
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1 The City of Poway, the Poway Redevelopment Agency, and the U. S. Fish and Wildlife Service
i as Co-Lead Agencies, in consultation with the California Department of Fish and Game (Trustee
Agency), have prepared a joint Environmental Assessment (EA) and Initial Study (ISlIFroposed
Mitigated Negative Declaration document for the proposed Poway Subarea HCP Project, the
companion IA/MA. and the associated approval actions noted above in compliance with the
National Environmantal Policy Act (NEPAl and tha California Environmental Quality Act (CECA),
respectively. The joint environmental document evaluates the potential significant environmental
impacts of the proposed Poway Subarea HCF Project and alternatives to the Project. and
provides specific measures to mitigate identified impacts to . level of less than significant.
Pursuant to the State CECA Guidelines. City staff is recommending the issuance of a Mitigated
Negative Declaration. indicating no significant adverse environmental impacts anticipated by the
approval of the Project. the companion IAIMA and the associated approval actions.
The proposed Poway Subarea HCP and companion IAIMA have been completed according to
relevant federal and state laws and guidelines. The primary purpose of the Poway Subarea HCP
end companion IAIMA is to ensure the protection of sensitive plant species. wildlife species, and
their natural habitats through the preservation and Management of native vegetation
communities found within the Resource Conservation Area of the HCP. and to provide certainty
to residents. property owners, and public agencies conceming the public and, private
development projects anticipated by the City of Poway General Plan and Radevelopment Plan.
City Hall Located at 13325 Civic Center Drive
M.;!;n., Address: P.O. Box 789. Po\\.'a~'. California 92074-0789 · (619) 748-6600. 695-1400
13 of 16 ...,- SEP 5 1995 ITEM 15./1
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The IA/MA is a binding "Agreement" between the City and the federal/state agencies which
identifies assurances and responsibilities toward the implementation of the HCP.
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Upon approval of the HCP and companion IAlMA, the City will be issued long-term permits from
the federal and state agencies for the incidental "take" of specific plant species, wildlife species.
and associated habitats covered by the HCP and companion IAIMA, and located within the
jurisdiction of Poway. The permits will be issued in accordance with the provisions of the
Federal and State Endangered Species Acu and other relevant legislation concerning the
protection/conservation of federally listed endangered. threatened, and key candidate species or
their habitat. as well as state protected species. and/or other species of concern or their habitat.
Subsequently. the permits will be administered by the City. and will apply to public and private
projects within the City that undergo separate environmental review and are found to be in
conformance with the HCF and the companion IA/MA.
The associated amendments to the General Flan. Zoning Ordinance and Grading Ordinance
incorporate by reference the HCP and companion IAIMA into those City documents. The Poway
Redevelopment Agency resolution approves the HCF and companion IAIMA documents. and
requires Redevelopment Agency projects to conform to the requirements contained within those
documents.
NOTICE'OF AVAILABILITY IS HEREBY GIVEN that the Initial StudylProposed Mitigated Negative
Declaration and supporting Project documents will be available for a 30-day public review period
beginning on approximately June 21. 1995. through July 21, 1995, in compliance with CECA.
These documents may be reviewed. or purchased for the cost of reproduction. at the Planning
Services Department located at City Hall. 13325 Civic Center Drive. Poway, CA 92064. In
addition. they may be reviewed at the City Clerk's Office in City Hall and at the Poway Public
Library located in the Lively Center at 13264 Foway Road. This notice has been published in the
Foway News Chieftain. It has also been mailed to owners of property located within the
boundary of the Resource Conservation Area (ReA) of the HCP. and to owners of property
located within a 500-foot radius of the RCA. Wrinen comments on these documents must be
received during this period by the City of Poway. Please send your comments directly to Jim
Nessel. Senior Planner. Flanning Services Department located at City Hall at the address above.
For NEPA compliance. the U.S. Fish and Wildlife Service will publish a separate Notice of
Availability of the Environmental Assessment (EA) and Froject documents in the Federal Register
for a concurrent 30-day comment period beginning on approximately June 21. 1995.
If you wish to express concerns in favor or against the above. you may appear in person at the
above described meeting or submit your concerns in writing to the City Clerk, City of Poway. If
you challenge the maner in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or "in wrinen correspondence
delivered to the City Council at, or prior to. the public hearing.
If you have special needs requiring assistance at the meeting, please call the City Clerk at
679-4236 twenty four hours prior to the meeting. so that accommodation can be arranged.
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(:" HIGGI"SO".Mayor CITY 0 F POW A Y
!,--StSA~ CALLER)" DepulY Mayor
OB E~ER Y. Councilmember
I MICKEY CAFAG~A. Councilmembcr
I BETTY REXFORD. Councilmember . ,
I TO: Property Owners. Residents and Interested Parties
DATE: June 15, 1995
SUBJECT: ImDortantlnfonnallon Concemlno the Draft ProDosed Cltv of Powav Subarea Habitat
Conservallon Flan (Powav Subarea HCFl. ADDUcant: Cltv of PowavlPowav
RedeveloDment Aoencv
In recent years. property owners have become Increasingly concemed about the potential effects on their
property of a listing of a plant or wildlife species found there as endangered. Once a listed species Is
Identified. special pennits are needed from state and/or federal wildlife agencies before the clearing of natural
vegetated habitat on the land can take place. These penn its can be very difficult and expensive to obtain.
In response to the potenllallistlng of the Califomia gnatcatcher, a group of property owners In Southern
California proposed a new. more pro-active approach to habit?t cDnservation. They suggested a program.
which has come to be known as Natural Communities Conservation Planning (NCCP). Under the NCCP.
adopted habitat conservation plans are made to preserve adequate amounts of various habitat types so that
species can survive and future listings are prevented.
Once a multi-habltat and multi-species plan Is approved. long-tenn pennits will be Issued by the U.S. Fish and
Wildlife Service (USFWS) and California Department of Fish and Game (CDFG), which allows clearing to
~ occur. The property owner has 'certainty" of what the rules will be during the lifetime of the permits and
enough habitat is retained to protect the environment.
IU part of the mitigation for the construction of the Scripps Poway Parkway east to SR-67. the City of Poway
has prepared a plan under the NCCP. This plan is expected to result in the granting of pennlts from both
USFWS and CDFG and USF&W covering a minimum of eleven plant species and eleven wildlife species
within Poway and lasting 50 years.
The primary purpose of the poway Subarea HCP and companion IAlMA is to ensure the protection of
sensitive plant species. wildlife species, and their natural habitats through the preservation and management
of native vegetation communities found within the Resource Conservation Area of the HCP. Another purpose
Is to provide certainty to residents. property owners. and publiC agencies conceming the publiC and private
development projects anticipated by the City of Poway General Plan and Redevelopment Plan.
Under the proposed plan. properties within the Resource Conservation Area will be allowed the same
subdivision and development rights as currently exist. Up to two acres per dwelling unit can be cleared. but
removal of native vegetation on the remainder of the property would be prohibited.
In connection with the approval of the proposed plan. the wildlife agencies and the City will sign a binding
agreement which will allow development to occur without the normal delays usually caused when Individual
species are listed for protection.
A public Information meeting will be held at 7:00 P.M. on July 6. 1995 at the Community Center Auditorium
located In Community Park. 13094 Bowron Road. Poway, CA 92064. On August 15. 1995 the City
CounclVFoway Redevelopment Agency will conduct a publiC hearing at the Community Center Auditorium to
take public Input and to consider the proposed plan and associated approval actions for adoption. You are
I. encouraged to review the enclosed Infonnation and to contact Jim Nessel, Senior Planner at (619) 67~2562- should you have any questions or need additional infonnation. "."
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" City Hall Located at 13325 Civic Center Drive
.. .. J Address: P.O. Box 789. Pov:ay. California 92074-0782 . (619)748-€lfill!L695.-l400
15 of 16 5EP 5 1995 ITEM 1')#/ '
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CITY OF POWAy*j
PROPOSED SUBAREA HABITAT CONSERVATION PlAN (HCP)
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~t\.t~.~ ;P[ANjiUj{f€osE'
I ~~~. II:-bl' hi' hab' t1 I' .
" Q.... IS a mu n- Ita mu t/.specles
/. HCP which also qualifies as a NCCP
plan to satisfy the biological resource
. conservation requirements and
.J guidelines of State and Federal agencies,
" and to mitigate regional biological
impacts of Scripps Poway Parkway
i extension project.
. · Provide interim protection and
permanent preservation and
management of a connected habitat
L:::::. preserve system. located within the
NORTH Resource Conservation Area, that
. sustains viable populations of identified
Draft Pcwoy~. H..,.... eon......... PI... sensitive plant species. wildlife species,
I!!!:::lI ,,",p.,.d Roo...... ConHrv..... P.... and their habitats.
· Provide for linkages with surrounding NCCP/HCP plans in the subregion, and
enhance the quality of life for the citizens of Poway, the public, and future
generations.
fPLANBENEFrrS, ~
· The Plan will result in long-term permits from USFWS and CDFG which will be
administered by the City, and which will authorize the removal of habitat for public
and private development projects that are anticipated by the City's General Plan
and Redevelopment Plan. and that comply with the requirements of the HCP.
· Development projects will be covered by the permits, provided that projects
undergo normal environmental review and are in conformance with the Poway
Subarea HCP.
· The Plan covers and protects species that may be listed as threat&ned or
. !=ndangered in the future.
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