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Res 92-009RESOLUTION NO. 92-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA AMENDING CREEKSIDE PLAZA SPECIFIC PLAN 89-04A ASSESSOR'S PARCEL NUMBER 317-480-11 WHEREAS, the City Council of the City of Poway recognizes that the need may arise to amend the City's General Plan; and WHEREAS, Section 65350, et seq., of the California Government Code describes the procedures for amending General Plans; and WHEREAS, the City Council has initiated Creekside Plaza Specific Plan Amendment SPA 89-04A involving changes to the Specific Plan; and WHEREAS, Specific Plan 89-04A involves a partially developed parcel of land having an area of approximately 16.0 acres which is more specifically identified as Parcels 1 and 2 of Parcel Map No. 16213, in the City of Poway, County of San Diego, State of California, recorded September 7, 1990; and said parcel is presently owned by ADI Properties according to the latest secured assessment roll of property in the County of San Diego, California; and WHEREAS, the City Council does hereby deem necessary and desirable that Specific Plan 89-04 for the subject property be amended and implemented; and WHEREAS, the amendment of Specific Plan 89-04 has been prepared pursuant to the provisions of the Government Code and the Poway Municipal Code (Zoning Ordinance); and WHEREAS, Specific Plan 89-04A is a component of the Poway General Plan and has been prepared to be fully consistent with the goals, objectives, and policies of the General Plan and its constituent Elements; and WHEREAS, the subject property contained within the project area boundary of Specific Plan 89-04A, as depicted on Attachment 1 hereto, is also governed by the Paguay Redevelopment Plan and said plan is on file in the office of the City Clerk; and WHEREAS, Specific Plan 89-04A embodies the text, graphics, development standards, and implementation proposals which shall apply to development located within the specific plan project area; and WHEREAS, an Environmental Impact Report to identify potential adverse significant environmental impacts of Specific Plan 89-04 was certified by the City Council on June 13, 1989; and Resolution No. 92-009 Page 2 WHEREAS, on January 14, 1992, the City of Poway City Council held a properly noticed public hearing in accordance with the California Government Code and the California Environmental Quality Act (CEQA) to consider the proposed Specific Plan 89-04A; NOW, THEREFORE BE IT RESOLVED, that the City Council has certified the EIR and does hereby find that the amendment of Specific Plan 89-04 will have no unidentified adverse significant environmental impacts. BE IT FURTHER RESOLVED that the City Council does hereby amend the Creekside Plaza Specific Plan 89-04 as follows: 1. Vo LAND USES This section shall be amended to read as follows. Additions are shown by underlined language: General Commercial Uses CC 25. Photocopying services, Photo kiosk 28. Supermarkets A supermarket shall be permitted only in accordance with an Owner Participation Agreement which conditions Redevelopment Agency financial participation on the prior construction and concurrent use of a multi- screen movie theatre and full service dinner house on the site. VI. SITE/BUILDING DEVELOPMENT STANDARDS. This section shall be changed to read as follows: The maximum amount of total building square footage for the center shall not exceed 161,000 square feet of gross floor area. General Lot and Building Setback Requirements D. Front yard, street side yard, setback 20 ft Eo Side yard setback (providing minimum building separation is maintained) 0 ft Building height (Architectural features, including clocks and belltowers, shall be limited to 55 feet in height). 35 feet maximum or two stories, whichever is less. Resolution No. 92-009 Page 3 Je Off-street parking Per City requirements or Urban Land Institute (ULI) model. General Site Requirements The following general site requirements shall be observed: Parking setback from street right-of-way Parking spaces may encroach within ten feet over a maximum of 20 percent of overall street frontage Total building coverage (maximum) 30 percent of Net Specific Plan Area Siqnaqe This section shall be changed to read as follows: Signage shall be provided in accordance with Comprehensive Sign Regulations of the Poway Ordinance, except as follow:. The wall sign for the anchor tenant, the multiplex theater building, may project to a maximum height of 28 feet on the north elevation. A freestanding theater marquee, a maximum of eight feet in height and 65 square feet in total sign area may be located along the Poway Road frontage. IX. ENVIRON~R. NTAL REVIEW The previously certified Final EIR for the Property adequately addresses the potential impacts of the proposed development. Haley Trust environmental The Poway City Council adopted and certified an EIR for the Haley Trust property with the approval of Tentative Parcel Map 89-06. A mitigation monitoring program has implemented the major elements of concern identified within the EIR, which included Biology/Hydrology; involving the widening and improvement of Poway Creek to 100 Year storm standards followed by creek channel revegetation as specified by the State Department of Fish and Game Permit; Archaeology, the Resolution No. 92-009 Page 4 study, recovery, and partial restoration of historic and prehistoric artifacts for the appreciation of the citizenry of this community, and, finally, Socio-Economic, the provision of affordable housing for the residents of the Haley's Trailer Ranch who would be displaced as a result of the development of the commercial project under consideration. The amendment of Specific Plan 89-04 will not result in any significant adverse effects because SPA 89-04A, as well as the revised TTM 90-05, and Development Review 91-31, contain specific development standards and mitigation measures, based on the previously certified EIR, which serve to avoid such adverse affects. The specific plan regulates the type and intensity of land use and development quality expected of property, and such regulation is deemed to be consistent with the provisions of the Poway General Plan and compatible with existing and planned land uses surrounding the subject property. The fiscal analysis performed by the Levander Company, Inc., dated April 1, 1991, is received and has been considered as additional fiscal and market analysis of the project. ATTEST: APPROVED and ADOPTED by the City Council of t State of California, this 14th day of January 19 ~e City of Poway, ~2. ith, Mayor · Wahlsten, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) Resolution No. 92-009 Page 5 I, MarJorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. 92-009 , was duly adopted by the City Council at a meeting of said City Council held on the 14th day of__ Januar~ , 1992, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: REPORT\2SPA8904A. RES EMERY~ HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NONE NONE NONE Marjori~ ~. Wahlsten, City Clerk City of P~Joway