Item 6 - Second Reading and Adoption of Ordinance No. 838DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
City of Poway
COUNCIL AGENDA REPORT
January 21, 2020
Honorable Mayor and Members of the City Council
Faviola Medina, City Clerk
(858)668-4535 or fmedina@poway.org
Second Reading and Adoption of Ordinance No. 838 entitled "An
Ordinance of the City of Poway, California, Approving Specific Plan
Amendment 19-001 to the South Poway Specific Plan to Allow Self-Storage
Buildings to Contain a Maximum of Three Stories Within the Existing Height
Allowance"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City
Council Meeting on January 7, 2020. All Councilmembers were present. There were six speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading: AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
MULLIN, LEONARD, GROSCH, FRANK, VAUS
NONE
NONE
NONE
NONE
Recommended Action:
It is recommended that the City Council adopt Ordinance No. 838.
Fiscal Impact:
None.
Environmental Review:
The adoption of the proposed Ordinance is not a "project" that is subject to CEQA review
because it will not result in direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment.
Public Notification:
A public hearing summary notice was published in the Poway News Chieftain on Thursday,
December 26, 2019. A second summary notice will be published in the same publication on
1 of 4 January 21, 2020, Item #6
Thursday, January 30, 2020. A certified copy of this Ordinance will also be posted in the Office of
the City Clerk in accordance with Government Code section 36933.
Attachment:
A. Ordinance No. 838
Reviewed/Approved By: Reviewed By: Approve Bv.
Wendy Kaserman Alan Fenstermacher Ch, is H. !'ine
Assistant City Manager City Attorney City Manager
2 of 4 January 21, 2020, Item #6
ORDINANCE NO. 838
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING SPECIFIC PLAN
AMENDMENT 19-001 TO THE SOUTH POWAY SPECIFIC PLAN
TO ALLOW SELF -STORAGE BUILDINGS TO CONTAIN A
MAXIMUM OF THREE STORIES WITHIN THE EXISTING
HEIGHT ALLOWANCE
WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning Development
Code) of the Poway Municipal Code provides the requirements for the initiation, preparation, and
adoption of Specific Plans in accordance with Section 65450, et seq. of the California Government
Code (Article 8, Specific Plan);
WHEREAS, Specific Plan Amendment (SPA) 19-001, in association with Development
Review (DR) 19-003, is proposed to allow self -storage buildings to contain a maximum of three
stories within the existing height allowance;
WHEREAS, on January 7, 2020, the City Council held a duly advertised public hearing to
solicit comments from the public, both in favor and against SPA19-001; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
project and has considered other evidence presented at the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: An Environmental Impact Report (EIR) was prepared pursuant to the
California Environmental Quality Act (CEQA) in conjunction with the South Poway Specific Plan
SPSP), and was certified on July 30, 1985, and the Final Subsequent EIR was certified on July
26, 1988. The SPSP EIR analyzed the potential impacts of the proposed build out of the SPSP
area in the manner permitted by the SPSP. The proposed SPA is consistent with the SPSP and
conforms with the requirements, development standards and guidelines therein, and, therefore,
as set forth in Chapter 10, Section VIII of the SPSP, no further environmental analysis is required
because the project's impacts have already been analyzed and are fully covered by the previously
certified EIR. The increase in the allowed number of stories from two to three within the existing
maximum height requirements for self -storage buildings does not impact the aesthetics because
the allowed building heights will remain the same. Additionally, there are no significant changes
proposed that would require subsequent or supplemental environmental review pursuant to Public
Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163.
SECTION 3: The City Council hereby approves this Ordinance (SPA19-001), in
association with DR19-003, and amends certain sections of the SPSP as specified below.
Removals are indicated with strikethroughs and additions are indicated with underline.
SECTION 4: Chapter 3, Section IV, Subsection A, Item 3(f) of the SPSP Volume 2 shall
be amended as follows:
3. Height [Excerpt only]
f. The maximum height of a public storage structure shall not exceed 35 feet. No more
than three stories shall be contained within the 35 -foot height limit.
3 of 4 January 21, 2020, Item #6
SECTION 5: Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance or its application to any person or circumstance, is for any
reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its
application to any other person or circumstance. The City Council declares that it would have
adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 6: This Ordinance shall be codified.
SECTION 7: All references to the Government Code are inclusive of any amendments
that may occur following adoption of this Ordinance.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after
its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City Council
members voting for and against the same in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified
copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §
36933.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of
Poway, California, held the 7th day of January, 2020, and thereafter
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 21st day of
January, 2020, by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Faviola Medina, CMC, City Clerk
4 of 4 January 21, 2020, Item #6