Ord 694
ORDINANCE NO. 694
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
APPROVING SPECIFIC PLAN AMENDMENT (SPA) 84~01 F(4)
TO THE SOUTH POWAY SPECIFIC PLAN
TO CHANGE THE LAND USE DESIGNATION
ON A PORTION OF TWO RESIDENTIAL PARCELS
LOCATED ON THE WEST SIDE OF CREEK ROAD FROM
OPEN SPACE-ONE DWELLING UNIT TO NATURAL OPEN SPACE
APN: 320-020-27 and 320-020-28
WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning
Development Code) of the Poway Municipal Code 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); and
WHEREAS, Section 17.47.020.C (Initiation) of the Zoning Development Code
provides that the City Council may initiate the preparation of, or amendment to, a
Specific Plan on property by Resolution; and
WHEREAS, on June 2, 2009, the City Council initiated Specific Plan Amendment
84-01 F(4) by Resolution; and
WHEREAS, Specific Plan Amendment 84-01F(4) is proposed to change the
Land Use Designation on a portion of two parcels, consisting of approximately 10 acres,
located at 11545 and 11623 Creek Road, from Open Space-One Dwelling Unit to
Natural Open Space; and
WHEREAS, the proposed redesignation would change the land use designation
of the land over which a Biological Conservation Easement has been recorded for the
protection of mitigation land, and
WHEREAS, said change is a requirement of the City's Habitat Conservation Plan
to ensure that mitigation land remains permanently in open space, 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 General Plan Amendment 09-01, Zone Change 09-01
and Specific Plan Amendment 84-01F(4), 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
Ordinance No. 694
Page 2
is no substantial evidence the project will have a significant impact on the environment.
No additional environmental review is required for this project.
Section 2: The City Council hereby approves Specific Plan Amendment 84-01 F(4)
changing the Land Use Designation on the portion of two parcels identified as APNs:
320-020-27 and 320-020-28 from Open Space-One Dwelling Unit to Natural Open
Space as shown in Exhibit A attached to this Ordinance.
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 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 this 21st day of July 2009, and thereafter PASSED AND ADOPTED at
a regular meeting of said City Council held the 4th day of August 2009.
TI ,
ATTEST:
-
royan, MMC, City lerk
Ordinance No. 694
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. 694, 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
.
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