Item 1.9 - Repeal of Res P-13-21 to Set Aside Approval of a Mitigated Negative Declaration & TTM 12-002OF PO[Yr4 y
City of Poway
COUNCIL AGENDA REPORT
APPROVED O
APPROVED AS AMENDED O
(SEE MINUTES)
DENIED O
REMOVEDD ■
RESOLUTION NO.
DATE: September 16, 2014
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Singer, City Manager
INITIATED BY: Morgan Foley, City Attorney
Robert J. Manis, Director of Development Services
SUBJECT: Repeal of Resolution No. P -13 -21 to Set Aside Approval of a
Mitigated Negative Declaration and Tentative Tract Map
(TTM) 12 -002 Pursuant to Peremptory Writ of Mandate by
the Superior Court
Summary
The City Council approved a mitigated negative declaration and a tentative tract map
(TTM 12 -002) for the conversion of four existing lots, containing two single - family
homes and the Poway Stock Farm, into twelve single - family homes on 11.6 acres of
land on the east side of Tierra Bonita Road, just south of Twin Peaks Road. The
Superior Court of San Diego County entered a Peremptory Writ of Mandate on August
25, 2014, directing the City to set aside adoption of the Mitigated Negative Declaration
and the approval of TTM 12 -002 no more than thirty (30) days from entry of the writ.
Recommended Action
Staff recommends that Council adopt the attached Resolution to repeal Resolution No.
P- 13 -21, thereby setting -aside its prior approval of the adopted Mitigated Negative
Declaration and approved Tentative Tract Map 12 -002, as required by the Peremptory
Writ of Mandate entered by the San Diego Superior Court on August 25, 2014.
Background
The City Council adopted a Mitigated Negative Declaration and approved Tentative
Tract Map 12 -002 on August 20, 2013. Subsequent to Council approval, Preserve
Poway challenged such approval by filing a Petition for Writ of Mandate in San Diego
Superior Court (Case No. 37- 2013 - 00067667- CU- TT -CTL). Following a hearing on the
Petition the Superior Court found that the City Council "abused its discretion" in
approving the Mitigated Negative Declaration for the Tentative Tract Map by failing to
properly address the project's impact on the "community character," making the
Mitigated Negative Declaration inadequate. The Court issued its peremptory writ
ordering the City Council to set aside its approval of both the Mitigated Negative
Declaration and Tentative Tract Map No. 12 -002 within 30 days of the date that
judgment was entered in the matter.
Page 1 of 4 September 16, 2014 Item #1.9
Repeal of Resolution No. P -13 -21
September 16, 2014
Page 2
Because Resolution No. P -13 -21 approved both the environmental document and the
map the City Council must repeal the Resolution in order to comply with the Court's
order.
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Findings
This action is pursuant to a Writ of Mandate entered by the Superior Court on
August 25, 2014.
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Fiscal Impact
There is no fiscal impact associated with this Council action.
Environmental Review
This action is not subject to review under the 2014 California Environmental Quality Act
(CEQA) guidelines. By repealing Resolution No. P -13 -21 the City Council is effectively
"disapproving" the project. (See. CEQA Guidelines 15061(b)(4) and 15270(a).)
Public Notification
Notice was provided to Harry Rogers, John and Shirley Trochta, John Fitch and
Associates, via counsel for these parties, Mr. Michael Edwards of Byron & Edwards,
APC.
Attachment
Resolution repealing Resolution Number P -13 -21
Page 2 of 4 September 16, 2014 Item #1.9
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA, REPEALING RESOLUTION
NO. P -13 -21 TO SET ASIDE THE APPROVAL OF
A MITIGATED NEGATIVE DECLARATION AND TENTATIVE
TRACT MAP 12 -002
ASSESSOR'S PARCEL NUMBERS 321-190-05,-07,-14, AND -15
WHEREAS, on August 20, 2013, the City Council for the City of Poway,
following a duly noticed public hearing, adopted Resolution No. P -13 -21 (the
"Resolution "), approving a mitigated negative declaration (the "MND ") and a tentative
tract map ( "TTM 12- 002 ") for the conversion of four (4) existing lots, containing two (2)
single - family homes and the Poway Stock Farm into twelve (12) single - family homes on
11.6 acres of land on the east side of Tierra Bonita Road, approximately 400 feet south
of Twin Peaks Road (the "Project "); and
WHEREAS, at the public hearing to consider the approval of the Project
opponents of the Project testified, among other things, that the Project would create
physical changes to the environment impacting the community character of the
neighborhood, by changing 11.6 acres from two (2) single - family homes and the Poway
Stock Farm to twelve (12) single - family homes of varying lot sizes between 13,641
square feet to 1.01 acres; and
WHEREAS, Preserve Poway, an unincorporated association, filed a Petition for
Administrative Mandate in the San Diego Superior Court to challenge the adequacy of
the City's environmental assessment and approval of the MND and the TTM on the
basis, among other things, that the MND failed to adequately assess the physical
impacts arising out of a change in the community character reasonably foreseeable in
the development of the Project; and
WHEREAS, on August 25, 2014 the San Diego Superior Court, in accordance
with its order finding that the City Council "abused its discretion" by approving the MND
and the TTM without adequately assessing the environmental impacts the Project would
potentially have on the community character, entered judgment in favor of Preserve
Poway and against the City of Poway and the applicants for the TTM, ordering the City
of Poway City Council to set aside its approval of Resolution No. P -13 -21 within thirty
(30) days of the date of entry of judgment.
Page 3 of 4 Attachment September 16, 2014 Item #1.9
Resolution No. 14- _
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The foregoing recitals are true and correct, and the City Council so
finds and determines.
Section 2: Resolution No. P -13 -21 is hereby repealed. Resolution No. P -13-
21 shall be of no further force and effect from and after the effective date of this
Resolution.
Section 3: This Resolution shall take effect immediately upon adoption.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 16th day of September, 2014.
Don Higginson, 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. 14 - * ** was duly adopted by the City Council at
a meeting of said City Council held on the 16th day of September, 2014, and that it was
so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CMC, City Clerk
City of Poway
Page 4 of 4 September 16, 2014 Item #1.9