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Item 11 - Second Reading and Adoption of Ordinance No. 851 SPA21-002 Old Coach Golf Estates Specific PlanJanuary 18, 2022, Item #11DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway January 18, 2022 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk ~ (858) 668-4535 or cgallagher@poway.org CITY COUNCIL Second Reading and Adoption of Ordinance No. 851 entitled "An Ordinance of the City Council of the City of Poway, California, Approving Specific Plan Amendment 21-002 To The Old Coach Golf Estates Specific Plan To Transfer Development Rights Of Four Single-Family Residential Lots Included In Tentative Tract Map (TTM) 06-02 To A 15.6-Acre Remainder Parcel To Be Developed With Six Single-Family Residential Lots, Establish Development Standards For A Proposed Subdivision And Preserve Open Space." The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on December 7, 2021. There were no speakers. There was a minor typographical error in the Specific Plan Amendment (SPA) project number in the December 7, 2021 ordinance and public hearing advertisement for January 18, 2022. The correct SPA number as reflected in this report and the attached Ordinance is SPA 21-002. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: Recommended Action: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: MULLIN, FRANK, GROSCH, LEONARD, VAUS NONE NONE NONE NONE It is recommended that the City Council adopt Ordinance No. 851. Environmental Review: A Final Environmental Impact Report (FEIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the Old Coach Golf Estate Specific Plan (OCGESP), and was certified on May 15, 1990, and an Addendum to the FEIR was certified on July 19, 2016. The OCGESP 1 of 5 January 18, 2022, Item #11FEIR and Addendum analyzed the potential impacts of the build out of the OCGESP area in the manner permitted by the OCGESP as amended. A Mitigated Negative Declaration (MND) was approved on January 16, 2007 for TTM06-02, a five-residential-lot subdivision. The MND analyzed the potential impacts of the build out of the Sun road Property. An Addendum for the proposed project has been prepared in accordance with Section 15164 of the CEQA Guidelines. The Addendum includes analyses to demonstrate that environmental impacts associated with the project are consistent with the 1990 FEIR. There are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. No further environmental analysis is required at this time because the project changes substantially conform to the approved project. Fiscal Impact: None. Public Notification: An ordinance summary notice was published in in the Poway News Chieftain on Thursday,January 13, 2022. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933. Attachments: A. Ordinance No. 851 Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney January 18, 2022, Item #11ORDINANCE NO. 851 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT 21-002 TO THE OLD COACH GOLF ESTATES SPECIFIC PLAN TO TRANSFER DEVELOPMENT RIGHTS OF FOUR SINGLE-FAMILY RESIDENTIAL LOTS INCLUDED IN TENTATIVE TRACT MAP (TTM) 06-02 TO A 15.6-ACRE REMAINDER PARCEL TO BE DEVELOPED WITH SIX SINGLE-FAMILY RESIDENTIAL LOTS, ESTABLISH DEVELOPMENT STANDARDS FOR A PROPOSED SUBDIVISION AND PRESERVE OPEN SPACE WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning Development Code) of the Poway Municipal Code (PMC) 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); WHEREAS, Specific Plan Amendment (SPA) 21-002 is proposed to redesignate the 15.6-acre remainder parcel in the southern area of the Old Coach Golf Estates Specific Plan (OCGESP) area for six single-family residential units and a new remainder parcel, establishes development standards for the new subdivision, and transfers four of the five single-family residential lots from the former TTM06-02 (Sunroad Property) east of Old Coach Road and approximately one mile north of Espola Road. SPA21-002 includes the preservation of approximately 120 acres of open space, and allowances for sewer pumps; WHEREAS, on December 7, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both in favor and against SPA 21-002; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the OCGESP, and was certified on May 15, 1990. A Mitigated Negative Declaration (MND) was approved on January 16, 2007 for the Specific Plan Amendment to amend the OCGESP to add the Sunroad Property into the specific plan's boundary and TTM06-02 was approved that created five residential lots and one open space lot on the Sunroad property. The MND evaluated the environmental effects of adding the 122.5-acre Sunroad Property into the OCGESP and TTM06-02. Based upon review of the current project, none of the situations described in Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines apply. No changes in circumstances have occurred, and no new information of substantial importance has manifested, which would result in new significant or substantially increased adverse impacts as a result of the proposed project. Specifically, the City has determined the following: 3 of 5 January 18, 2022, Item #11• There are no substantial changes to the project that would require major revisions to the 1990 FEIR due to new significant environmental impacts or a substantial increase in the severity of impacts identified in the 1990 FEI R. • Substantial changes have not occurred in the circumstances under which the project is being undertaken that would require major revisions of the 1990 FEIR to disclose new, significant environmental effects or a substantial increase in the severity of the impacts identified in the FEIR. • There is no new information of substantial importance not known at the time the 1990 FEIR was certified that shows any of the following: 1. The project would have any new significant effects not discussed in the 1990 FEIR. 2. There are impacts that were determined to be significant in the 1990 FEIR that would be substantially increased. 3. There are additional mitigation measures or alternatives to the project that would substantially reduce one or more of the significant effects identified in the 1990 FEIR. 4. There are additional mitigation measures or alternatives that were rejected by the project proponent that are considerably different from those analyzed in the 1990 FEIR that would substantially reduce any significant impact identified in the 1990 FEIR. An Addendum has been prepared in accordance with Section 15164 of the CEQA Guidelines. The Addendum includes analyses to demonstrate that environmental impacts associated with the project are consistent with the 1990 FEIR. In accordance with the Addendum to the FEIR prepared by RECON dated August 25, 2021, the provisions in the Specific Plan along with adherence to the City's Grading Ordinance, General Plan policies, and the mitigation measures in the Community Design Element of the Specific Plan were determined to reduce the impacts related to land use and planning considerations to below a level of significance. SECTION 3: The City Council finds that SPA 21-002 is consistent with the purpose of Chapter 17.47 of the PMC, the General Plan, and development policies of the City. SECTION 4: The City Council hereby approves and adopts Specific Plan Amendment (SPA) 21-002, an amendment to the OCGESP, included as "Exhibit A" to this Ordinance. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 5: The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by Applicant. SECTION 6: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, 4 of 5 January 18, 2022, Item #11subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 7: This Ordinance shall be codified. SECTION 8: All references to the Government Code are inclusive of any amendments that may occur following adoption of this Ordinance. 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 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, California, held the 7th day of December, 2021, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 18th day of January, 2022, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of 5