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:
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