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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.