Ord 588-- ORDINANCE NO. 588
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
APPROVING A DEVELOPMENT AGREEMENT BETWEEN COSTCO WHOLESALE
CORPORATION AND THE CITY OF POWAY
WHEREAS, Government Code Sections 65864 through 65869.5 provide the
statutory authority for development agreements between municipalities and persons
owning real property interest in the City; and
WHEREAS, pursuant to Government Code Section 65865, the City has adopted
rules and regulations establishing procedures and requirements for consideration of
development agreements as set forth in Chapter 1753 of the Poway Municipal Code;
and
WHEREAS, the City has received an application from Costco Wholesale to
consider a development agreement for its property generally located at the southeast
corner of Scripps Poway Parkway and Tach Center Drive in accordance with City rules
and regulations; and
WHEREAS, in accordance with State law the City Council sits as the Planning
Commission in the City of Poway and conducts all hearings and grants all approvals
-- required of the Planning Commission at the same time and by the same actions as the
hearings and approvals required of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: On March 4, 2003, through Ordinance No. 574, the City Council previously
approved a Mitigated Negative Declaration in accordance with the California
Environmental Quality Act, Public Resources Code Sections 21000 et seq. ("CEQA")
and its implementing regulations contained in Title 14 of the California Code of
Regulations, Sections 15000 et seq. (the "CEQA Guidelines"), with respect to Specific
Plan Amendment (SPA) 84-01 II1. The development contemplated by the proposed
Development Agreement is consistent with the project analyzed in the Mitigated
Negative Declaration approved for SPA 84-01 Ill.
Section 2: In adopting this Ordinance and making the findings contained herein for
the approval of the Development Agreement, the City Council is relying upon the facts
set forth in the Mitigated Negative Declaration, SPA 84-01 III, Ordinance No. 574, the
Development Agreement, all applicable staff reports and presentations, written and
verbal testimony from the public and Costco, the Poway General Plan, and the Poway
Zoning Development Code.
Section 3: Pursuant to Section 15162 of the CEQA Guidelines, the City Council finds,
on the basis of the whole record before it, that the development contemplated by the
Ordinance No. 588
Page 2
Development Agreement is consistent with, and in fact implements, the project analyzed
in the previously approved Mitigated Negative Declaration and described in SPA 84-01
III, which is on file with the City of Poway. There are no substantial changes proposed
for the project nor the circumstances under which the project will be undertaken from
March 4, 2003 to the present relating to the involvement of new significant
environmental effects or a substantial increase in the severity of a previously identified
significant effect. Further, there is no new information relative to significant effects,
mitigation measures or alternatives. Therefore, no further environmental documentation
under CEOA is required and specifically, neither an EIR nor a Subsequent Mitigated
Negative Declaration is required. The Mitigation Monitoring Program adopted through
Ordinance No. 574 is unchanged, in full force and effect and is in fact solidified through
the contractual provisions in the Development Agreement.
Section 4: The Development Agreement is consistent with the Poway General Plan
and the South Poway Specific Plan, as amended by SPA 84-01 III, because the
Development Agreement is designed to be a vehicle to effectuate SPA 84-01 and its
goals, policies and objectives relative to the development of the Costco project. The
Development Agreement merely provides contractual provisions which bind both Costco
and the City relative to the development of the project. Because the Development
Agreement is designed to implement the project, it is consistent with the South Poway
Commercial land use designation and other applicable commercial designations,
policies, goals and objectives set forth in the Poway General Plan, the South Poway
Specific Plan and SPA 84-01 III.
Section 5: The findings in accordance with Section 17.53.030 of the Poway Municipal
Code are made as follows:
A. The Development Agreement is consistent with the objectives, policies and
general land uses and programs specified in the General Plan and the South
Poway Specific Plan and contains adequate provisions for facilitating public
improvements required of the project in that financial assistance will be provided
to ensure the timely completion of off-site public improvements.
B. The Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for the South Poway Commercial land use district in that a
discount club store with a gasoline service station and a home improvement
store are permitted uses and have been approved pursuant to SPA 84-01 III and
Development Review Permit DR 03-13.
C. The Development Agreement is in conformity with public convenience, general
welfare and good land use practice in that it will facilitate the provision of off-site
public improvements identified as part of Specific Plan Amendment 84-01 III and
further the implementation of the development standards of the South Poway
Specific Plan.
Ordinance No. 588
_ Page 3
D. The development will not be detrimental to the health, safety and general welfare
in that, for example, all public improvements identified in Development Review
Permit DR 03-13 will be implemented.
E. The development will not adversely affect the orderly development of property or
the preservation of property value in that the public improvements will be
constructed prior to final occupancy as required by Development Review Permit
DR 03-13.
Section 6: The Development Agreement with Costco Wholesale contained in Exhibit A
is hereby approved.
Section 7: The Mayor is hereby authorized and instructed pursuant to Poway Municipal
Code Section 17.53.031 to execute said Development Agreement on behalf of the City
of Poway immediately upon the effective date of this ordinance.
Section 8: The City Clerk is hereby authorized and instructed pursuant to Poway
Municipal Code Section 15.53.050(a) to cause said Development Agreement to be
recorded in the Office of the Recorder of the County of San Diego within ten (10)
calendar days of its execution by the City of Poway.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of its passage, and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names and members voting for and against
the same in the Poway News Chieftain, a newspaper of general circulation published in
the City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 2nd day of September 2003 and thereafter PASSED AND ADOPTED
at a regular meeting of said City Council held the 16th day of September 2003, by the
following roll call vote.
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Michael P. C~r~ b,3~, Mayor
-- ATTEST:
U
L-~i ,l~nne Peoples, City