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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