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Ord 647 ORDINANCE NO. 647 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, PURSUANT TO SECTION 16.16.110 OF THE POWAY MUNICIPAL CODE CONCERNING RELINQUISHMENT OF DEDICATED OPEN SPACE AND RELATED TO THE APROVAl OF MINOR DEVELOPMENT REVIEW PERMIT 06-19 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; and WHEREAS, the City Council seeks to approve Hillside/Ridgeline Minor Development Review Application 06-19, which will result in project-related improvements to Espola Road, a public street, encroaching into a portion of a dedicated City-owned Open Space lot (APN 321-420-15); and WHEREAS, on November 14, 2006, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application; and WHEREAS, the City Council finds that the transfer of the dedicated open space shall be for the purpose of widening of a public street and constitutes a valid public purpose as required by Poway Municipal Code Section 16.16.110(A)(1); and WHEREAS, as a condition of approval of the transfer, the Applicant shall replace the open space lost with approximately 0.88 acres of adjacent open space lands as required by Poway Municipal Code Section 16.16.11 0(A)(2). 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 provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) of the CEQA Guidelines, because the Ordinance entails the implementation of existing regulations. Section 2: The findings, in accordance with Section 16.16.110 of the Poway Municipal Code, to approve the subject Ordinance to allow the relinquishment of an approximate 0.22-acre portion of a 16.5-acre, dedicated Open Space lot owned by the City and known as Assessor Parcel Number 321-420-15, as shown on the site plan dated September 5, 2006, are made as follows: A. The purpose of the release or transfer is to permit the property to be used for a valid public purpose, including, but not limited to, public streets or drainage facilities, in that the encroachment into dedicated City-owned Open Space will accommodate project-related improvements to Espola Road, a public street, for traffic safety purposes as required by conditions of approval for Minor Ordinance No. 647 Page 2 Development Review Application 06-19 (a proposal to construct a residence on an adjacent property). B. The property (0.22 acres) is being exchanged for property of greater size (0.88 acres) and quality 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 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. Introduced and first read at a regular meeting of the City Council of the City of Poway held this 14th day of November 2006, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 5th day of December 2006, by the following roll call vote. ATTEST: ?i,~~~