Res 04-095
RESOLUTION NO. 04-095
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING OLD POWAY SPECIFIC PLAN AMENDMENT SPA 88-01 D,
APNs: 314-212-02 through 06; 314-220-02,03,33,34,35 & 69;
314-193-39 and a portion of 40
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); and
WHEREAS, Section 17.47.020.C (Initiation) of the Zoning Development Code
provides that the City Council may initiate the preparation of, or amendment to, a
Specific Plan on property by Resolution; and
WHEREAS, the City of Poway initiated Specific Plan Amendment (SPA) 88-01 D
amends the Old Poway Specific Plan to correct land use changes associated with
General Plan Amendment/Zone Change 04-01; and
WHEREAS, on October 12, 2004, the City of Poway held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to these
applications.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Poway, as follows:
Section 1: The City Council has considered the Environmental Initial Study (EIS) and
Mitigated Negative Declaration (MND), for General Plan Amendment 04-01 (A and B),
and SPA 88-01 D and public comments received on the EIS and MND. The subject EIS
and MND documentation are fully incorporated herein by this reference. The City
Council finds, on the basis of the whole record before it, that there is no substantial
evidence the project will have a significant impact on the environment. The City Council
hereby approves the MND and the associated Mitigation Monitoring Program attached
to this Resolution as Exhibit A.
Section 2: The City Council finds that all previous amendments; SPA 88-01 A,
Resolution 90-013; SPA 88-01 B, Resolution 97-076; and SPA 88-01 C Resolution 01-
079 will remain in effect.
Section 3: The City Council hereby approves Specific Plan Amendment (SPA) 88-01 D,
an amendment to the Old Poway Specific Plan, to correct land use associated with
General Plan Amendment/Zone Change 04-01 by expanding the Old Poway Specific
Plan land use matrix to include OS-R land uses as follows:
Resolution No. 04-095
Page 2
The uses permitted for properties located within the OS-R zone in the Old Poway
Specific Plan area shall be the same for the OS-R zone of the Poway Municipal
Code.
B. Section XIV, Structural Setbacks, shall be amended to incorporate OS-R building
setbacks and shall be amended to read as follows:
Setbacks shall be as required by the Poway Municipal Code for the applicable
zones, except that buildings in the Commercial General and Open Space -
Recreation zones, which front on Midland Road, shall be built to the front
property line. Appurtenant building features, such as porches, canopies,
boardwalks, eaves, and awnings, are encouraged, and may extend up to ten feet
into the public right-of-way if so approved as part of the development review.
These features shall be designed so as not to substantially create a safety
hazard or public liability.
PASSED, APPROVED AND ADOPTED by the City Council of the ~ity of Poway,
State of California, at a regular meeting this 26th day of October 2 04.
ATTEST:
~Jn~.D ~
Sherrie D. Worrell, Deputy City Clerk
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO)
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution No. 04-095 , was duly
adopted by the City Council at a meeting of said City Council held on the 26th day of
October 2004, and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~JIJdJ:n'-M
Sherrie D. Worrell, Deputy City Clerk
City of Poway
Resolution No. 04- 095
Page 3
Exhibit A
Topic Mitiaation Measure Timina Responsibility
Traffic a. Installation of a second Prior to dropping to Applicant
westbound turn lane at Twin LOS E
Peaks Road and Community
Road.
Prior to dropping to Applicant
b. Modification of signal timing LOS E
along Poway Road to
accommodate changes in future
traffic patterns. Prior to dropping to Applicant
LOS E
c. A third recommendation was to
either include a westbound right
turn lane onto Poway Road at
Midland Road or widen Midland
Road to include a second left
turn lane onto Poway Road.