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.