Ord 619
ORDINANCE NO. 619
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
APPROVING ZONE CHANGE (ZC) 05-01 TO CHANGE THE ZONING DESIGNATION
ON AN APPROXIMATE 0.2-ACRE PORTION OF THE SITE LOCATED AT THE
SOUTHWEST CORNER OF COMMUNITY ROAD AND HILLEARY PLACE FROM
COMMERCIAL OFFICE TO RESIDENTIAL APARTMENT.
ASSESSOR'S PARCEL NUMBERS: 317-101-25 AND 26
,
WHEREAS, Chapter 17.06 of Title 17 (Zoning Development Code) of the Poway
Municipal Code provides the requirements for the establishment and amendment of
zoning districts; and
WHEREAS, ZC 05-01 is proposed by the Poway Redevelopment Agency and
Community Housing Works to change the zoning on an approximate 0.2 acre portion of
the site located at the southwest corner of Community Road and Hilleary Place
intersection from Commercial Office to Residential Apartment; and
WHEREAS, on May 17, 2005 and May 31, 2005, 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 does hereby ordain as follows:
Section 1: The City Council has considered the Environmental Initial Study (EIS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Ordinance. 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, that the mitigation measures contained in the EIS
and Exhibit A hereof, will mitigate potentially significant impacts to a less than significant
level, and that the MND reflects the independent judgment and analysis of the City. 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 hereby approves ZC 05-01, a change of zone concerning
an approximate 0.2-acre portion of subject site located at the southwest corner of
Community Road and Hilleary Place (APNs 317-101-25 and 26) from CO to RA as
shown on Exhibit B.
Section 3: This Ordinance shall not be codified.
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty
(30) days after the date of this passage; and before the expiration of fifteen (15) days
after its passage, it shall be published once with the names and members voting for and
against the same in the Poway News Chieftain, a newspaper of general circulation
published in the City of Poway.
Ordinance No. 619
Page 2
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 17th day of May 2005 and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 31st day of May 2005, by the following roll
call vote.
AYES:
NOES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NONE
ABSENT:
NONE
DISQUALIFIED: NONE
ATTEST:
~~
Ordinance No. 619
Page 3
EXHIBIT A
MITIGATION MONITORING PROGRAM
Community Road Housing and Office Project
General Plan Amendment 05-01, Zone Change 05-01, Specific Plan 05-01,
Development Review 05-05, Development Review 05-06, and Variance 05-01
Section 21081.6 of the Public Resources Code requires that public agencies "adopt a
reporting or monitoring program for the changes which it has adopted or made a
condition of project approval in order to mitigate or avoid significant effects on the
environment. The reporting or monitoring program shall be designated to ensure
compliance during project implementation." This Mitigation Monitoring Program has
been prepared in accordance with Section 21081.6 of the Public Resources Code.
Non-compliance with any of these conditions, as identified by City staff or a designated
monitor, shall result in issuance of a cease and desist order for all construction
activities. The order shall remain in effect until compliance is assured. Non-compliance
situations, which may occur subsequent to project construction, will be addressed on a
case-by-case basis and may be subject to penalties according to the City of Poway
Municipal Code. When phasing of development has been established, it may be
necessary for this Monitoring Program to be amended, with City approval.
Topic
Biology
Hazardous
Materials
Noise
Mitigation Measure
Prior to the removal of any
Eucalyptus tree on-site during the
recognized nesting season for
raptors, a qualified professional shall
evaluate the subject tree(s) for a
raptor ne\)t(s) and report the findings
in writing to the City. Should a
nest(s) be located, the tree removal
shall be delayed until such time as
the nest(s) have been abandoned.
Prior to the issuance of a Grading
Permit, the applicant shall mitigate
for the impacts to 1.38 acres of non-
native grasslands at the ratio 1: 1.
Mitigation shall be satisfied by
payment of an in-lieu fee.
The applicant shall implement Best
Management Practices during
construction, such as erosion and
sediment control, and the diversion of
water to desiltation basins, to the
satisfaction of the City Engineer.
Prior to the issuance of a Grading
Permit, the applicant shall submit
documentation that the project has
complied with all San Diego County
Department of Environmental Health
regulations, to the satisfaction of the
Director of Development Services.
Prior to the issuance of a Building
Permit, the applicant shall submit a
study prepared by a qualified
professional which assesses interior
noise, pursuant to City standards, for
those units which face the street and
identifies mitigation measures if
necessary. Any noise mitigation
measures shall be incorporated into
the building plans for those units prior
to the issuance of a Building Permi!.
Ordinance No. 619
Page 4
Timing
Prior to the
removal of
any tree.
Prior to
issuance of
Grading
Permit.
During
construction
Prior to the
issuance of a
Grading
Permit
Prior to
issuance of a
Building
Permit
Responsibility
Applicant
Applicant
Applicant
Applicant
Applicant