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Ord 572 ORDINANCE NO. 572 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT 84-01FFF PERTAINING TO THE ESTABLISHMENT OF PROVISIONS FOR SUBTERRANEAN PARKING AREAS FOR PROPERTIES WITHIN THE SOUTH POWAY PLANNED COMMUNITY WHEREAS, it is the duty of the Poway City Council to review and amend the adopted Specific Plans in the City whenever the public interest requires; and WHEREAS, Section 17.46.020B of the Poway Municipal Code provides that any change to City regulations may be initiated by Resolution of the City Council; and WHEREAS, on October 22, 2002, the City Council adopted Resolution No. 02- 112 initiating the Specific Plan Amendment; and 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 Ordinance; and WHEREAS, a Specific Plan Amendment is proposed to modify designated land uses for certain properties; and WHEREAS, on December 17, 2002, the City Council held a duly noticed public hearing on the proposed specific plan amendment. NOW, THEREFORE, the City Council does hereby ordain as follows: Section 1: The City Council has considered the Environmental Initial Study (ELS), Negative Declaration (ND) for the project. The subject ElS and ND 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 and that the ND reflects the independent judgment Section 2: Chapter 3, Section IV.A.3 and Section C of Volume 2, Development Standards, of the south Poway Specific Plan is amended to add the following: A. Architectural Ordinance No. 572 Page 2 3. Height: e. Subterranean areas shall not be considered a story for purposes of determining a building's number of stories. Such facilities shall comply with the design standards specified in subsection C. 14. of this Chapter. C. Parking Standards 14. Subterranean Parking a. Subterranean parking areas shall be a minimum of 50% below grade as measured from the finished floor of the area to the bottom of the ceiling above the area. The subterranean parking area shall be 50% below grade on each side of the building exterior, except for those portions of the building exterior that provide vehicular and or pedestrian access to the subterranean parking area. b. For projects proposing subterranean parking areas on pre-graded pads, any increase in the building pad elevation, intended for the sole purpose of bringing a proposed subterranean parking area into compliance with the 50% below grade standard, shall not be permitted. c. Vehicular access (i.e., driveways) to subterranean parking areas should occur from within the project site and not from the street, unless it would be the only project driveway. Any driveway to a subterranean parking area, which is visible to the street, shall be screened to the maximum extent possible with earth mounding and enhanced landscaping. d. Subterranean parking areas shall not contain habitable space or storage space, excepting that building equipment rooms are permitted. e. Subterranean parking areas shall not be subject to compliance with parking lot landscaping requirements. f. Any portion of a subterranean parking area that is above grade shall comply with the applicable underlying land use designation building setback requirement. Those portions of subterranean parking areas that are 100% below grade shall not be subject to building setback requirements. Ordinance No. 572 Page 3 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 17th day of December 2002 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 7th day of January 2003, by the following roll call vote. AYES: ENERY, GOLDBY, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON Mic~'~ae~yor ATTEST: Lori~,nne Peoples, City Clerk