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Ord 693 ORDINANCE NO. 693 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES (ZC 09-01) 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, the City Council of the City of Poway has approved a General Plan Amendment GPA 09-01, amending the land use designation of 88 parcels, or portions thereof, from either the Rural Residential A (RR-A), Rural Residential B (RR-B), Rural Residential C (RR-C) or Planned Community (PC) zone to Open Space-Resource Management (OS-RM) that are located throughout the City; and WHEREAS, the City Council finds that the zoning classification of the property should also be changed to maintain consistency with the General Plan as required by Section 65860 of the California Government Code and the California Environmental Quality Act to consider this zone reclassification; and WHEREAS, on July 21, 2009, 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 OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1: The City Council has considered the Environmental Initial Study (EIS) and Negative Declaration (NO), for GPA 09-01 and public comments received on the EIS and NO. The subject EIS and NO 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. The City Council hereby approves the Negative Declaration. Section 2: The City Council finds that the proposed Zone Change will assist in the preservation of biological mitigation land, unique biological habitats, and significant topographic features and would result in a land use designation that is compatible with the adjoining open space and low density residential land uses, and implements the goals and polices of the City's Habitat Conservation Plan. Section 3: The City Council hereby approves ZC 09-01, a change of zoning designation 88 parcels, or portions thereof, that have been dedicated by a property owner/developer as biological mitigation land, purchased by the State of California as mitigation land or purchased by the City for the preservation of undeveloped land from RR-A, RR-B, RR-C or PC zones to OS-RM. The parcels are located throughout the City as shown on Exhibit A and identified by the following Assessor Parcel Numbers: Ordinance No. 693 Page 2 323-520-08 from RR.C to OS.RM 321-100-28 from RR-A to OS-RM 277-220-33 from RR-A to OS-RM 321-161-06 from RR-A to OS-RM 278-210-31 from RR-A to OS-RM 277-220-09 from RR-A to OS RM 321-100-25 from RR-A to OS-RM 323-290-11 from RR-C to OS-RM 322-011-09 from RR-A to OS-RM 323 520-01 from RR-C to OS-RM 317-031-31 from RR-A to OS-RM 276-140-12 from RR-A to OS-RM 321-220-10 from RR-A to OS-RM 314-371-28 from PC to OS-RM 317-031-15 from RR-A to OS-RM 323-520-02 from RR C to OS-RM 314-371-31 from PC to OS-RM 277-220-13 from RR-A to OS-RM 277-220-29 from RR-A to OS.RM 314371-34 from PC to OS-RM 277-220-27 from RR-A to OS-RM 314-371-27 from PC to OS-RM 322-011-08 from RR-A to OS-RM 277-220-26 from RR-A to OS-RM 314-371-30 from PC \0 OS-RM 278-300-60 from RR-B to OS-RM 275-240-36 from RR-C to OS-RM 314-371-35 from PC to OS-RM 277-220-16 from RR-A to OS-RM 276-140-11 from RR-A to OS-RM 314-371-33 from PC to OS-RM 277-220-32 from RR.A to OS-RM 314-371-26 from PC to OS-RM 314~650-04 from RR_A to OS-RM 320-020-28 from PC to OS.RM 314-371-29 from PC to OS-RM 277-220-19 from RR-A to OS-RM 323-520-09 from RR-C to OS-RM 314-371-32 from PC to OS-RM 276-071-16 from RR-A to OS-RM 277-220-02 from RR-A to OS-RM 321-220-13 from RR-A to OS RM 277-22003 from RR.A to OS-RM 278-210-18 from RR-A to OS-RM 317-031-17 from RR-A to OS-RM 277-01.0-09 from RR.A to OS.RM 320-020-27 from RR A to OS RM 317-031-06 from RR-A to OS-RM 277-220-11 from RR-A to OS-RM 317-031-30 fromRR-A to OS-RM 321-111-17 from RR.A to OS.RM 27.7-011-14 from RR-A to OS-RM 277-011-15 from RR-A to OS-RM 277-011-16 from RR-A to OS-RM 277 140-11 from RR-A to OS-RM 277-140-12 from RR-Ato OS-RM 27.7 220-28 from RR-A to OS-RM 277-220-39 from RR-A to OS-RM 323-520-03 from RR-C to OS RM 323-520-04 from RR-C to OS.RM 323-520-07 from RR-C to OS-RM 321-271-05 from RR-A to OS-RM 277-220-21 from RR-A \0 OS-RM 277-220-23 from RR-A to OS-RM 323-520-06 from RR-C to OS-RM 321-111-10 from RR-A to OS-RM 322-011-10 from RR-A to OS-RM 278-200-25 from RR-A to OS-RM 321-260-22 from RR-A to OS RM 321-260-27 from RR-A to OS-RM 277-220-25 from RR-A to OS-RM 277-220-14 from RR-A to OS-RM 314-031-03 from RR-A to OS-RM 278-210-32 from RR-A to OS-RM 316-020-10 from RR-A to OS-RM 272-150-38 from RR-A to OS-RM 316-020-09 from RR-A to OS-RM 316-020-22 from RR-A to OS RM 314-840-12 from RR.A to OS-RM 321-100-11 from RR-A to OS-RM 316"020"45 from RR-A to OS-RM 321-100-23 from RR-A to OS-RM 321-100-17 from RR-A to OS-RM 321-100-18 from RR-A to OS-RM 321-100-12 from RR-A to OS-RM 321-260-11 from RR.A to OS-RM 321-100-16 from RR-A to OS-RM 321-100-42 from RR-A to OS-RM 321-230-74 from RR-A to OS-RM 323-520-05 from RR-C to OS-RM Section 4: This Ordinance shall not be codified EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30) days after the date of 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 Po way 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 the 21 st day of July 2009, and thereafter PASSED AND ADOPTED at a m9"'" m"t'09 of ~;d COy C,"ool' h,1d th, ~"9"" 2009. ~ 4- ~r- Don Higginson, Mayor' ~ ........... .../ Ordinance No. 693 Page 3 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Linda A Troyan, MMC, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 693 was duly adopted by the City Council at a meeting of said City Council held on the 4th day of August 2009, and that it was so adopted by the following vote: AYES: BOYACK, KRUSE, HIGGINSON NOES: NONE ABSENT: CUNNINGHAM, REXFORD DISQUALIFIED: NONE , ~