Ord. 855ORDINANCE NO. 855
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, PURSUANT TO SECTION 16.16.110 OF
THE POWAY MUNICIPAL CODE CONCERNING
RELINQUISHMENT OF OPEN SPACE (APN 317-534-43)
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, Mostafa Panah has requested an adjustment of privately -owned property with
an open space easement dedicated to the City, which will allow the development of a recreational
vehicle storage area encroaching into a portion of a privately -owned open space lot (APN 317-
534-43);
WHEREAS transfer of the approximately 0.017 acres of open space shall be exchanged
for property of equal size and quality for open space and will be transferred to the Aria Estate
Association concurrent with the transfer of the subject property as required by Poway Municipal
Code 16.16.110(A)(2); and
WHEREAS, on April 5th, 2022, the City Council held a duly advertised public hearing
to solicit comments from the public, both in favor and against, relative to this application.
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: 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.
SECTION 3: The finding is 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
0.017-acre portion of a 5.21-acre open space lot owned by the Aria Estate Association with an
open space easement dedicated to the City and known as Assessor Parcel Number 317-534-43.
SECTION 4: This Ordinance shall be codified.
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.
Ordinance No. 855
Page 2
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of
Poway, California, held the 5th day of April 2022, and thereafter
PASSED AND ADOPTED at a Regular meeting of said City Council held the 19th day of
April 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
ATTEST:
LEONARD, FRANK, GROSCH, MULLIN, VAUS
NONE
NONE
NONE
Carrie Gallagher, CMC, '{ity Clerk
Steve Vaus, Mayor