Item 1.8 - Ord. Concerning Relinq. of Open Space near Oak Canyon RoadAPPROVED ■
APPROVED AS AMENDED □
City of Poway
COUNCIL AGENDA REPORT
(SEE MINUTES)
DENIED
REMOVED
□ □
CONTINUED----,,;----
Ordinance No. __,B::....;l=-=3'---_
DATE: January 15, 2019
TO: Honorable Mayor and Members of the City Council
FROM: A.Kay Vinson, Interim City Clerk�
CONTACT: A. Kay Vinson, Interim City Clerk
(858)668-4535 or kvinson@poway.org
SUBJECT: Second Reading and Adoption of Ordinance No. 823 entitled "An Ordinance of the
City of Poway, California, Pursuant to Section 16.16.110 of the Poway Municipal
Code Concerning Relinquishment of Open Space (APN 278-280-24)," .03 acres
located near Oak Canyon Road
Summary:
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City
Council Meeting on December 18, 2018. All Councilmembers were present. There was one
speaker.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading:
Recommended Action:
Adopt Ordinance No. 823
Fiscal Impact:
AYES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Leonard, Frank, Grosch, Mullin, Vaus
None
None
None
There is no fiscal impact associated with adopting the attached ordinance.
Environmental Review:
No additional environmental review is required for adoption of this ordinance.
Public Notification:
Notice was published in the Poway News Chieftain on Thursday, December 6, 2018.
1 of 4 January 15, 2018, Item # 1.8
Attachment:
A. Ordinance No. 823
Reviewed/Approved By: Reviewed By:
Wendy Kaserman
Assistant City Manager
Alan Fenstermacher
City Attorney
Approved B
Tina White
City Manager
2 of 4 January 15, 2019, Item # 1.8
ORDINANCE NO. 823
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
PURSUANT TO SECTION 16.16.110 OF THE POWAY
MUNICIPAL CODE CONCERNING RELINQUISHMENT OF
OPEN SPACE (APN 278-280-24)
WHEREAS, Section 16.16.110 of the Poway Municipal Code sets forth the standards
concerning relinquishment of dedicated open space of the City, by a four-fifths vote of the City
Council;
WHEREAS, Nhan Thi My Nguyen has requested an adjustment of City owned open space
property which will allow the future development of access driveway related improvements
encroaching into a portion of a City -owned open space lot (APN 278-280-24);
WHEREAS, transfer of the approximately 0.03 acres of open space shall be exchanged
for property of equal size and quality for open space and will be transferred to the City concurrent
with the transfer of the subject property as required by Poway Municipal Code 16.16.110(A)(2);
and
WHEREAS, on December 18, 2018, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
SECTION 1: The City Council finds that the adoption of this Ordinance is exempt from
the provision of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3)
of the CEQA Guidelines, because there is no possibility that it will have a significant effect on the
environment because the Ordinance entails the implementation of existing regulations that result
in an equal transfer of land to preserve open space. A separate environmental assessment
pursuant to CEQA will be completed on the single-family project as it proceeds through the
development review process.
SECTION 2: The finding in accordance with Section 16.16.110(A)(2) of the Poway
Municipal Code, to approve the subject Ordinance to allow the relinquishment of an approximate
0.03 -acre portion of a 10.95 -acre open space lot owned by the City and known as Assessor Parcel
Number 278-280-24, as shown on the site plan dated October 25, 2018, is made as follows:
The 0.03 acres of property is being exchanged for adjacent equal size and comparable
quality property from Ms. Nguyen's lot (APN 278-290-12) for open space, and is being
transferred to the City concurrent with the transfer of the subject property.
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.
3 of 4 ATTACHMENT A January 15, 2019, Item # 1.8
Introduced and first read at a Regular Meeting of the City Council of the City of Poway
held the 18th day of December 2018, and thereafter PASSED AND ADOPTED at a regular
meeting of said City Council held the 15th day of January 2019.
Steve Vaus, Mayor
ATTEST:
A. Kay Vinson, Interim City Clerk
STATE OF CALIFORNIA )
ss
COUNTY OF SAN DIEGO )
I, A. Kay Vinson, Interim City Clerk of the City of Poway, California, do hereby certify that
the foregoing Ordinance No. 823 was duly adopted by the City Council at a regular meeting of
said City Council held on the 15th day of January 2019, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
A. Kay Vinson, Interim City Clerk
City of Poway
4 of 4 January 15, 2019, Item # 1.8