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
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