Loading...
Res P-14-14RESOLUTION NO. P -14 -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION FOR MINOR CONDITIONAL USE PERMIT (MCUP) 14 -001/ DEVELOPMENT REVIEW 14 -001 WHEREAS, the City Council seeks to approve MCUP 14- 001 /DR 14 -001; a request to construct an automobile inventory storage lot on a vacant two- parcel site located at 13956 Poway Road and 13917 Courier Way, within the Automotive /General Commercial (A/GC) zone; and WHEREAS, on October 21, 2014, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; and WHEREAS, on October 21, 2014, the City Council voted to continue the public hearing to December 16, 2014, in order to address concerns raised in response to testimony from the public. 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 MCUP 14- 001 /DR 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. Resolution No. P -14 -14 Page 2 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 16th day of December 2014. Steve Vaus, Mayor ATTEST: Sheila R. Cobian, CMC, City Clerk 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 -14 was duly adopted by the City Council at a meeting of said City Council held on the 16th day of December 2014, and that it was so adopted by the following vote: AYES: CUNNINGHAM, MULLIN, GROSCH, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE heila R. obian, CMC, City Clerk City of Poway Resolution No. P -14 -14 Page 3 Exhibit A MITIGATION MONITORING PROGRAM FOR MCUP 14- 001 /DR14 -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, will be addressed on a case -by -case basis and may be subject to penalties according to the City of Poway Municipal Code, including a rehearing of MCUP 14 -001 and possible revocation. 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 Aesthetics At 10:00 p.m. every night, the rear Upon approval of Development /Light storage lot lights shall be turned off. No MCUP 14 -001 Services additional lighting is permitted. I Department staff