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Ord 574ORDINANCE NO. 574 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT (SPA 84-01111) TO THE SOUTH POWAY SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION OF A 26.49-ACRE PORTION OF THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SCRIPPS POWAY PARKWAY AND TECH CENTER DRIVE FROM LIGHT INDUSTRIAL TO SOUTH POWAY COMMERCIAL APN: 317-280-67 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 November 19, 2002, the City Council initiated Specific Plan Amendment 84-01111 by Resolution; and WHEREAS, Specific Plan Amendment 84-01111 is proposed to change the land use designation of a 26.49-acre portion of the property located at the southeast corner of Scripps Poway Parkway and Tech Center Drive from Light Industrial to South Poway Commercial; and WHEREAS, on February 18, 2003, 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 does hereby ordain as follows: Section 1: The City Council has considered the Environmental Initial Study (ELS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program shown as Exhibit A of this Ordinance for the project. The subject ElS and MND 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, that the mitigation measures contained in the ElS and Exhibit A hereof will mitigate potentially significant impacts to a less than significant level, and that the MND reflects the independent judgment and analysis of the City. The City Council hereby approves the MND and the associated Mitigation Monitoring Program attached to this Ordinance as Exhibit A. Section 2: The City Council hereby conditionally approves Specific Plan Amendment 84-01 III as follows: Ordinance No. 574 Page 2 The land use designation on an approximately 26.49-acre portion of the property located at the southeast corner of Scripps Poway Parkway and Tech Center Drive and as shown in Exhibit B attached to this Ordinance is hereby changed from Light Industrial to South Poway Commercial subject to the payment of land use conversion Traffic Impact Mitigation fees as established by the City Council to be applied toward improvements necessary to accommodate SANDAG 2020 traffic projections and additional traffic resulting from the change in land use from Light Industrial to South Poway Commercial, to be paid prior to the issuance of any building permit on the subject property. 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 18th day of February 2003 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 4th day of March 2003, by the following roll call vote. AYES: EMERY, GOLDBY, HIGGINSON, REXFORD NOES: NONE ABSTAIN: NONE ABSENT: CAFAGNA Betty Rexfo~d,~D plty Mayor ATTEST: L"~i ][knne Peoples, City Cle~'l~ Ordinance No. 574 Page 3 EXHIBIT A MITIGATION MONITORING PROGRAM FOR SPA 84-01111 Section 21081.6 of the Public Resources Code requires that public agencies "adopt a reporting or monitoring program for the changes which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designated to ensure compliance during project implementation." This mitigation-monitoring program has been prepared in accordance with Section 21081.6 of the Public Resources Code. Non-compliance with any of these conditions, as identified by City staff or a designated monitor, shall result in issuance of a cease and desist order for all construction activities. The order shall remain in effect until compliance is assured. Non-compliance situations, which may occur subsequent to project construction, will be addressed on a case-by-case basis and may be subject to penalties according to the City of Poway Municipal Code. When phasing of development has been established, it may be necessary for this Monitoring Program to be amended, with City approval. Topic Mitigation Measure Timing Responsibility Hydrology Miti.qation Measure: Prior to Prior to Applicant development of the site, a drainage issuance of system capable of handling all Grading drainage running through or Permit or generated on the subject property Building shall be designed, and City drainagePermit, fees paid. To minimize the potentialwhichever for polluted runoff during and aftercomes first. construction on the site, development of the property will require compliance with Regional Water Quality Control Board (RWQCB) regulations and submission of proof from the RWQCB of compliance prior to any work on the site. In addition, the development shall also comply with the City's Standard Urban Stormwater Mitigation Plan (SUSMP). Prior to the issuance of any permit the developer shall submit a drainage study, prepared pursuant to the SUSMP requirements, to the satisfaction of the City Engineer. Ordinance No. 574 Page 4 Topic Mitigation Measure Timing Responsibility Traffic and 1. Modify the existing traffic signal Prior to Applicant Circulation at Scripps Poway Parkway and Building Tech Center Drive to add left Permit final turn phases for north and south approval. directions. 2. Signalize the intersection of Gregg Street and Tech Center Drive with the following lane configuration: · Left lane and through/right lane in the eastbound and northbound directions. · Left lane, through lane, and right lane in the westbound and southbound directions. 3. Add a second northbound turn lane (dual left) at the intersection of Scripps Poway Parkway and Tech Center Drive. 4. Pay Traffic Impact Mitigation fees as specified by City Council resolution to be applied towards improvements necessary to accommodate SANDAG 2020 traffic projections resulting from the change in land use from Light Industrial to South Poway Commercial. Ordinance No. 574 Page 5 EXHIBIT B - - -- '--~ L~ ~ ~ 08 I/DU . ~-~ SITE · Nodh No Scale CI OF POWAY ~t~=: Lomtio~Zonlng Development 8o~icos Dept.