Loading...
Res P-14-05 RESOLUTION NO. P-14-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT (CUP) 14-001 WHEREAS, the City Council seeks to approve CUP 14-001; a request to allow the Poway Farmers Market to operate on a permanent basis on Saturdays from 8 a.m. to 1 p.m. within a section of Midland Road located between Adrian Street and Edgemoor Street; and WHEREAS, on August 19, 2014, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: In accordance with the requirements of the California Environmental Quality Act (CEQA) an Environmental Initial Study (EIS) and a proposed Mitigated Negative Declaration (MND) have been prepared for CUP 14-001. The City Council has considered the EIS, MND and associated Mitigation Monitoring Program as shown as Exhibit A of this Resolution, and public comments received on the EIS and MND. The subject EIS and MND documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment, that the mitigation measures contained in the EIS and Exhibit A hereof will mitigate potentially significant impacts to a less than significant level, and that the MND reflects the independent judgment and analysis of the City. The City Council hereby approves the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 19th day of August 2014. Don Higginson, Mayor ATTEST: 0X C She Cobian, CMC Cit y Clerk Resolution No. P-14-05 Page 2 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P-14-05 was duly adopted by the City Council at a meeting of said City Council held on the 19th day of August 2014, and that it was so adopted by the following vote: AYES: VAUS, MULLIN, GROSCH, HIGGINSON NOES: NONE ABSENT: CUNNINGHAM DISQUALIFIED: NONE ■.,a. . _ ►_ Vi, Sheila '. Cobian, CMC, City Clerk City of Poway Resolution No. P-14-05 Page 3 EXHIBIT A MITIGATION MONITORING PROGRAM FOR CUP 14-001 Section 21081.6 of the Public Resources Code requires that public agencies "adopt a reporting or monitoring program for the changes which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designated to ensure compliance during project implementation." This mitigation monitoring program has been prepared in accordance with Section 21081.6 of the Public Resources Code. Non-compliance with any of these conditions, as identified by City staff or a designated monitor, shall result in issuance of a cease and desist order for all construction activities. The order shall remain in effect until compliance is assured. Non-compliance situations, which may occur subsequent to project construction, will be addressed on a case-by-case basis and may be subject to penalties according to the City of Poway Municipal Code. When phasing of development has been established, it may be necessary for this Monitoring Program to be amended, with City approval. Topic Mitigation Measure Timing Responsibility Transportation 1. An effective, enhanced Traffic 1. Within 30 1. Community and Traffic Control Plan shall be established days of Services and maintained on an on-going approval of Department basis for the Market operation to CUP 14-001 staff the satisfaction of the Director of Development Services and the City Engineer. The enhanced Traffic Control Plan shall be submitted to the Development Services Department for review and approval within 30 days of approval of the project. 2. Farmers Market event parking 2. Upon 2. Community signs shall be mounted on approval of Services barricades at the driveway CUP 14-001 Department entrances of the vacant dirt lot staff located at the northeast corner of Temple Street and Midland Road. The signs shall be placed on a temporary basis to be put out only during the Farmers Market events. This requirement shall be accomplished to the satisfaction of the City Engineer as long as this lot is available for parking and shall be implemented upon approval of CUP 14-001. Resolution No. P-14-05 Page 4 3. City staff shall arrange for the 3. Within 30 3. Development installation of 25 mph speed limit days of Services, signs and pavement legends on approval of Traffic Brighton Avenue. This shall be CUP 14-001. Engineering accomplished within 30 days of the Section staff approval of CUP 14-001. and Public Works staff 4. City Community Services and 4. On-going 4. Community Development Services staff shall upon Services staff continue to monitor the Market approval of and operation and traffic detour route, CUP 14-001 Development and make sure that any necessary Services, enhancements or adjustments to Traffic the Market Traffic Control Plan, Engineering including, but not limited to traffic staff and signage and directions, are made Planning staff to promote a safe, efficient traffic setting for all modes of traffic, including pedestrians, cyclists, vehicles, and mass transit.