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Res 02-120RESOLUTION NO. 02-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT (GPA) 02-02, AMENDING THE NATURAL RESOURCES ELEMENT OF THE GENERAL PLAN 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, on February 2001, the San Diego Regional Water Quality Control Board (SDRWQCB) issued a revised National Pollutant Discharge Elimination System (NPDES) Permit to the County of San Diego, the San Diego Unified Port District, and the 18 incorporated cities within the County, including the City of Poway. Included in the Permit is the requirement that the City assess and update its General Plan in areas concerning water quality; and WHEREAS, on October 8, 2002 the City Council initiated the GPA 02-02; and WHEREAS, the City Council finds that the proposed General Plan Amendment would assist in the maintenance and improvement of water quality in the City of Poway and within San Diego County; and WHEREAS, on November 19, 2002 the City of Poway held a propedy noticed public hearing in accordance with the California Government Code. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: The proposed General Plan Amendment is not subject to the California Environmental Quality Act (CEQA), pursuant to Section 21080(15) of the CEQA Guidelines, in that the adoption of updated General Plan policies and strategies concerning the improvement of water quality will have no environmental impacts, and are being undertaken by the City of Poway to implement a rule or regulation imposed by a State agency, board or commission. Section 2: The City Council hereby approves General Plan Amendment 02-02, amending the Natural Resources Element (Goal IV, Policy B) of the City of Poway General Plan to read as follows: Resolution No. 02-120 Page 2 Policy B - Waterways and Water Quality The natural character of creeks and channels should be maintained or restored to the greatest extent possible with consideration for maintaining adequate flood protection. Development will comply with all State regulations relative to water quality protection to the maximum extent practicable. Strategies Development, including roads, should be set back from riparian corridors a minimum distance of 50 feet or a sufficient distance as determined by a qualified biologist to avoid damage to these areas. These riparian corridors and associated buffer areas should be designated as permanent natural open space easements and the buffer areas should be vegetated only with appropriate native species, as determined by a qualified biologist or native plant horticulturist. The preservation and, where possible the creation or restoration of areas that provide important water quality benefits, such as riparian corridors, wetlands, and buffer zones, shall be encouraged. No activity or development shall be permitted within the watershed or viewshed of Lake Poway which would diminish water quality of the lake or its open space and recreational value. Disturbances of natural water bodies and natural drainage systems caused by development including roads, highways, and bridges shall be limited to the extent practicable. Natural locations and rates of discharge into creeks and channels should not be increased without sufficient mitigation to ensure that significant alteration of the natural system will not occur. Avoid to the maximum extent practicable development of areas that are particularly susceptible to erosion and sediment loss, or establish development guidance that identifies these areas and protects them from erosion and sediment loss. The use of rip-rap in stream channels shall be limited to the minimum area required to protect adjacent improvements and stream banks from excessive erosion. Public access to creeks, via trails, paths and greenways, shall be encouraged to the extent possible without negatively impacting the riparian habitat value. Coordinate with other jurisdictions to monitor and maintain acceptable water quality standards in local streams. 10. 11. 12. 13. 14. 15. 16. 17. Resolution No. 02-120 Page 3 Activities within the City's natural drainage systems which would adversely affect water quality (such as pesticide use, construction of septic leach fields and underground storage of hazardous substances) shall be strictly regulated to ensure water quality is not compromised. Substances such as hazardous wastes or untreated wastewater shall not be discharged into the City's natural water systems. Urban runoff from impermeable surfaces, which may be contaminated with oil, grease, vehicle fuels or other toxic substances, shall have such contaminants substantially removed before discharge into the City's natural drainage systems. The City shall comply with the requirements of the National Pollution Discharge Elimination System (NPDES) permit. Minimize the amount of impervious surfaces in areas of new development and redevelopment and where feasible slow runoff and maximize on-site infiltration of runoff. The implementation of pollution prevention methods supplemented by pollutant source controls and treatment shall be encouraged. The use of small collection strategies located at, or as close as possible to the source (i.e., the point where water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite and into the storm drain system shall be encouraged. Post-development runoff from a site shall not contain pollutant loads which cause or contribute to receiving water quality objectives being exceeded or which have not been reduced as much as feasible. Grading should not increase the natural rate of erosion or cause siltation of stream channels. Through the development review process for projects identified as priority projects in the City's Standard Urban Stormwater Mitigation Plan (SUSMP), methods available shall be utilized to estimate increases in pollutant loads and flows resulting from projected future development. Structural and non-structural Best Management Practices (BMPs), as required by the San Diego County Regional Water Control Board, shall be required to mitigate the projected increases in pollutant loads and flows as much as is feasible. Resolution No. 02-120 Page 4 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 19th day of November 2002. ATTEST: Michael P. r Sherrie D. Worrell, Deputy City Clerk STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. 02-120 , was duly adopted by the City Council at a meeting of said City Council held on the 19th day of November 2002, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE Sherrie D. Worrell, Deputy City Clerk City of Poway