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Res 95-103RESOLUTION NO. g5-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING SOUTH POWAY SPECIFIC PLAN AMENDMENT (SPA 84-01AA) 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, adoption, and amendment of specific plans in accordance with Section 65450, et seq. of the California Government Code (Article 8, Specific Plan); and WHEREAS, a need exists to clarify the list of South Poway Specific Plan land use categories with respect to whether outdoor amphitheaters should be a prohibited or permitted land use under the Plan; and WHEREAS, On July 18, lggs, the City Council adopted Resolution No. 95- 082 initiating South Poway Specific Plan Amendment (SPA 84-01AA) and set for public hearing said amendment on September 12, 1995; and WHEREAS, On September 12, 1995, the City Council held a duly advertised public hearing to consider the environmental assessment and the proposed SPA 84-01AA pursuant to the provisions of the California Government Code and the California Environmental Quality Act (CEQA); and WHEREAS, an outdoor amphitheater land use could result in several potential adverse effects to Poway and surrounding communities as has been documented by other cities that have experienced the operating characteristics of such uses. Potential adverse effects include, but may not be limited to increased traffic levels, increased noise levels, and increased d~mand on municipal services involving code compliance, fire/emergency medical and law enforcement. For the reasons stated above, an outdoor amphitheater land use may not substantially meet the objective of the specific plan. WHEREAS, an outdoor amphitheater land use could typically involve a substantial increase in traffic that would be entering the City at near-peak hour commuting periods, and leaving the City at late evening hours. The increased traffic could cause additional congestion on streets and intersections and could cause traffic noise that would add to normally low ambient noise levels. WHEREAS, adverse noise levels generated by an outdoor amphitheater is also an issue and could cause increased noise complaints. These levels may not be acceptable to surrounding uses and may exceed the requirements of the City's Noise Ordinance. In addition, the propagation of event noise may travel well beyond the immediate vicinity of the use due to unpredictable atmospheric conditions such as closed covers, inversion layers and moving fog banks. WHEREAS, such a land use may cause the fire, emergency, medical and law enforcement resources to be stripped to a level that could significantly reduce the level of service provided to the community at large. This potential increase in the demand for such services could also adversely affect service providers in surrounding communities. Resolution No. 95-103 Page 2 WHEREAS, The City Council hereby finds, based on the reasons stated in the above recitals, that an outdoor amphitheater land use may not substantially meet or achieve the policies and strategies of the Poway General Plan, may not meet the stated objective of the South Poway Specific Plan, and may not foster the purpose and intent of the Paguay Redevelopment Plan; and WHEREAS, The City Council hereby further finds that such a land use would adversely affect and be incompatible with the rural character, image, natural environment, and quality of life of Poway and surrounding communities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Poway hereby takes the following actions: The City Council, by this resolution, hereby issues a negative declaration and approves South Poway Specific Plan Amendment (SPA 84-O1AA). Specific Plan Amendment 84-01~u~ consists of the following changes to the text of the Plan to read as follows: The specific chapters and sections within Volume 2, Development Standards are hereby amended as indicated below. Chapter 3 INDUSTRIAL AND COMMERCIAL DEVELOPMENT STANDARDS I. LAND USE STANDARDS FOR INDUSTRIAL DEVELOPMENT E. List of permitted, conditional and prohibited uses in the {IP) and (LI) Zones The following uses shall be permitted where the symbol "P" appears, shall be permitted subject to a Conditional Use Permit where the symbol "C" appears, and shall be prohibited where the symbol "X" appears: 9. Other Uses I~P L__!I f. Outdoor ampitheaters X X II. USE STANDARDS FOR SOUTH POWAY COMMERCIAL (SPC) ZONE B. General Commercial Uses SPC 54. Outdoor amphitheaters X The following sentence shall be added to the existing text under Chapter 4, Residential Development Standards, and shall read as indicated below. Resolution No. 95-103 Page 3 Chapter 4 RESIDENTIAL DEVELOPMENT STANDARDS Within the RS-2 and Open Space (1DU) zones outdoor amphitheaters are a prohibited land use. APPROVED and ADOPTED by the City Council of the City of Poway, California, this 12th day of September, 1995. Do~n Hi,fi sdn~ ATTEST: Marjori)~ K. Wahlsten, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. 95-103 , was duly adopted by the City Council at a meeting of said City Council held on the 12th day of September , 1995, and that it was so adopted by the following vote: AYES: NOES: NONE ABSTAIN: CALLERY ABSENT: NONE CAFAGNA, EMERY, REXFORD, HIGGINSON ~ K- Wahlsten, City Clerk City (k(~P~w ay