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Ord 823ORDINANCE 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: 1. 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 Ordinance No. 823 Page 2 copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §36933. 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. "Czz—- Steve Vaus, Mayor ATTEST: A. a Vi son, tu' C, City Clerk STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, A. Kay Vinson, 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: MULLIN, LEONARD, FRANK, GROSCH, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE A. Kay Vins n, C, City Clerk City of Pow