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Res P-11-28RESOLUTION NO. P -11 -28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, RESCINDING SPECIFIC PLAN 88 -02 APN: 314 - 632 -47 WHEREAS, Poway Municipal Code (PMC) Section 17.48.070 authorizes the City Council to approve, deny, or modify Specific Plan (SP) applications; and WHEREAS, on March 29, 1988, the City Council approved Resolution No. P- 88 -37, approving SP 88 -02 that established development standards and limited land uses on the 0.78 -acre parcel located at 14969 Pomerado Road on the southeast corner of Pomerado Road and Twin Peaks Road in the Community Business (CB) zone; and WHEREAS, on December 12, 1989, the City Council approved Resolution No. P -89 -145 amending SP 88 -02 that revised the list of prohibited, permitted or conditionally permitted land uses; and WHEREAS, on September 6, 2011, the City Council held a Pre - Development Conference (PDC 11 -01) where the property owner sought City Council direction as to the viability of either rescinding SP 88 -02 to allow the property the same land uses as the Twin Peaks Plaza, or to minimize the list of prohibited land uses in SP 88 -02 to provide his center a greater variety of potential tenants; and WHEREAS, the City Council direction was that the property owner could submit a request to rescind Specific Plan 88 -02; and WHEREAS, because the City Council approval for Specific Plan 88 -02 was implemented by Resolution, the City Council has authority to eliminate that requirement by approving a Resolution rescinding Resolution Nos. P -88 -37 and P -89 -145; and WHEREAS, on November 15, 2011, 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, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1 : The project is exempt from the California Environmental Quality Act under the General Rule in that it can be said with certainty that the project will not have a significant effect on the environment. Section 2: The City Council finds that with the deletion of Specific Plan 88 -02, the subject property will maintain land use compatibility with the adjoining properties. Resolution No. P -11 -28 Page 2 Section 3: That Resolution Nos. P -88 -37 and P -89 -145 approving and amending SP 88 -02 are hereby rescinded and thereby rescinding SP 88 -02. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 15th day of November 2011. Don Higginson, Mayor ATTEST: Tina M. White, Deputy City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Tina M. White, Deputy City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P -11 -28 was duly adopted by the City Council at a meeting of said City Council held on the 15th day of November 2011, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE / I � Tina M. White, Deputy City Clerk City of Poway