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Res 91-131RESOLUTION NO. 91-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ADOPTING THE UPDATED GENERAL PLAN AND STATEMENT OF OVERRIDING CONSIDERATIONS OF THE CITY OF POWAY COMPREHENSIVE PLAN WHEREAS, the City, pursuant to California Government Code Section 65300 et. seq., has executed a comprehensive update program for the City of Poway General Plan; and WHEREAS, said program, pursuant to California Government Code section 65351, has included substantial involvement and direction by citizens, local, state, and federal public agencies, public utilities, and community groups, through written correspondence, meetings, public workshops, written surveys, and public hearings; and WHEREAS, the City of Poway, for purposes of the General Plan update, conducted seven public workshop sessions held between November 14, 1990 and January 23, 1991; and WHEREAS, the City of Poway held properly noticed public hearings in accordance with the California Government Code and the California Environmental Quality Act to consider the environmental impact report, Negative Declaration and updated General Plan on July 30, August 27, September 24, October 22, October 29, November 5, November 12, and November 19, 1991; and WHEREAS, pursuant to California Public Resources Code Section 21000 et. seq. and state and local guidelines for the implementation of the California Environmental Quality Act, an environmental impact report has been prepared for the adoption of the proposed General Plan; the final environmental impact report has been received, reviewed, and certified, as complete and accurate; and the City Council has considered the information therein as part of the body of information and public input prior to the adoption of the proposed General Plan; and WHEREAS, the potential environmental impacts of the proposed changes to the draft updated General Plan have been studied, considered, and found to be less than significant or overridden as set forth in the statement of overriding considerations attached hereto; and WHEREAS, based on public testimony and comment, input by public agencies, environmental analysis, and Council deliberations, changes have been incorporated into the final General Plan; and WHEREAS, pursuant to California Government Code Section 65301, 65302, 65303, 65560, and 65580, the final proposed City of Poway General Plan, dated November 19, 1991, consists of a Land Use Policy Map and the following elements: Community Development, Public Facilities, Transportation, Resources (satisfying Government Code requirement for open space and conservation elements), Public Safety, and Housing; and Resolution No. 91-131 Page 2 WHEREAS, the final proposed General Plan and all of its constituent parts are found to be integrated, internally consistent and compatible and shall be construed and interpreted to achieve such consistency; and WHEREAS, pursuant to California Government Code Section 65400(b) an annual report will be made to City Council on the status of the General Plan and progress in its implementation which will monitor the mitigation of environmental effects per the analyses of the final EIR; and WHEREAS, at a time that they were advisory only, the City accepted the Series 7 Regional Growth Forecast and the Regional Housing Needs Statement and now accepts its duties under existing state law, even though it has the following reservations about the state law and the methodology and assumptions used in preparing these documents: a) the methodology and assumptions used to allocate the Regional Housing Need among local jurisdictions penalizes jurisdictions whose policies have maintained valuable open space and/or provided jobs; and b) the City believes there are more appropriate and effective ways to provide affordable housing than through new construction in the City; and c) the City believes that increased density alone does not automatically result in greater affordability; and d) the City suggests that current California Government Code Housing Element requirements represent an unwarranted interference with home rule doctrine and free market factors; and WHEREAS, notwithstanding the above stated reservations the City is determined to comply with the requirements of state law and to make provision for additional affordable housing allocated to it as its Regional Share through a public process as required by Government Code Section 65583(c); and WHEREAS, in furtherance of such determination the City Council finds and directs that the goals of each element of the General Plan shall be construed, interpreted, and applied in such manner as to enable the City to satisfy its mandates under state housing law; and WHEREAS, the updated General Plan changes the land use designation on 16 developed lots (assessor parcels: 273-132-1,2, & 3; 273-133-1 through 6,8,9,10,& 11; 273-134-1,2,& 3) located east of Boca Raton Lane on the east and west side of Del Paso Drive from Residential Single Family-4 to Residential Single Family-2 to provide a logical transitional land use between the smaller more intensively developed Stoneridge lots and the large rural Old Coach Golf Estates properties; and Resolution No. 91-131 Page 3 WHEREAS, the redesignation of Assessor's Parcels 317-222-10 and 317-300-01 through 29 from OS to OS-RM and of Assessor's Parcels 314-220-07 through 12 from RS-7 and CG to RS-7 was contemplated but denied without prejudice; and WHEREAS, the above conclusions are supported by records on file in the offices of the Planning Services Department and the City Clerk of the City of Poway. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: 1. The City Council finds that redesignation of Assessor Parcel Nos. 273-132- 1, 2, & 3; 273-133-1 through 6, 8, 9, 10, & 11; 273-134-1, 2, & 3 from Residential Single Family-4 to Residential Single Family-2 will not have a significant adverse impact on the environment and hereby issues a Negative Declaration; and 2. The Statement of Overriding Considerations attached hereto is hereby incorporated into this action of adoption; and 3. The City Council of the City of Poway does hereby adopt its updated General Plan dated November 19, 1991. APPROVED and ADOPTED by the City Counci~of the City of Poway, State of California, this 19th day of November~1991~ \1 '""~V ATTEST: Marjo Wahlsten, City Clerk Resolution No. 91-131 Page 4 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify that the foregoing Resolution, No. 91-131 , was duly adopted by the Poway City Council at a meeting of said Council on the 19th day of November 1991, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NOES: NONE ABSTAIN: NONE ABSENT: NONE GP LAN\ADOPT, RES Marjor~. Wahlsten, City Clerk Resolution No. 91-131 Page 5 STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPOSED CITY OF POWAY GENERAL PLAN UPDATE PROJECT As concluded in the Final EIR (SCH#91051027) for the update of the proposed City of Poway General Plan, all impacts with the exception of the impacts to air quality can be mitigated to a level of less than significant. The City of Poway is located within a "non-attainment" basin and further contributions of air pollution emissions to the basin are considered a significant impact. The 1991 General Plan update is consistent with the adopted 1983 General Plan, but envisions the possible construction of 667 more dwelling units than the 1983 Plan. Therefore, the City of Poway, as lead agency and decisionmaker, pursuant to the CEQA Guidelines (Section 15093), after balancing the benefits of the proposed project against the unavoidable environmental effects which remain, notwithstanding the mitigation measures and alternatives described in the Findings for the City of Poway General Plan Update, determines that such remaining environmental effects are acceptable due to the following: Completion of the project would provide for implementation of the updated General Plan that would allow for beneficial, orderly, long-term growth in the City of Poway. Through implementation of the goals, policies, and strategies in the updated General Plan the City will work toward providing a pleasant and viable living and working environment for City residents and workers. The General Plan update project involves creating a General Plan that is up to date with new or amended State law addresses the present or projected concerns of the resource agencies, and better addresses local attitudes and local and regional planning issues in its elements. More accurate information has been incorporated into the Master Environmental Assessment, includes a Housing Plan which describes the City's housing programs for the five year period covered by the Housing Element, an east to west regional transportation route has been planned and coordinated with affected jurisdictions, and land use designations have been modified to improve specific long-range planning and environmental conservation efforts in the City of Poway. Mitigation achieved by implementation of goals, policies and strategies in the Natural Resources, Transportation, Land Use and Housing Elements of the General Plan will mitigate impacts to regional air quality caused by project implementation to a degree, and the benefits of implementing the updated General Plan outweigh the remaining unavoidable adverse impact to air quality.