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Res 01-039RESOLUTION NO. 01-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING A SPECIFIC PLAN AMENDMENT (SPA 84-01YY) TO THE SOUTH POWAY SPECIFIC PLAN TO ESTABLISH THE RESIDENTIAL APARTMENT LAND USE DESIGNATION AND TO CHANGE THE LAND USE DESIGNATION OF AN 8-ACRE PORTION OF A 32.72oACRE SITE FROM MOBILE HOME PARK (MHP) TO RESIDENTIAL APARTMENT (PA) APN: 317-480-10 AND 13 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 May 22, 2001 the City Council initiated Specific Plan Amendment 84-01YY by Resolution; and WHEREAS, Specific Plan Amendment 84-01YY is proposed to establish in the South Poway Specific Plan the Residential Apartment land use designation and to change the designation of the 8-acre portion of a 32.72-acre site from Mobile Home Park to Residential Apartment (RA) located near the southeast corner of Community Road and Civic Center Drive within the South Poway Specific Plan Planned Community. NOW, THEREFORE, the City Council does hereby resolve 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 Resolution for Specific Plan Amendment 84-01YY and public comments received on the ElS and MND. The subject ElS and MND documentation is fully incorporated herein by this reference. The City Council finds that the mitigation measures contained in the ElS and Exhibit A hereof will mitigate potentially significant impacts to a less than significant level and hereby approves the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A. Section 2: The City Council hereby approves Specific Plan Amendment (SPA 84- 01YY) as follows: Chapter 4 of the South Poway Specific Plan Development Standards is amended to add the following residential land use designation: Resolution No. 0].-039 Page 2 The Residential Apartment (RA) land use designation is intended as an area for the development of residential apartments with provisions for adequate light, air, open space and landscaped areas at a maximum density of 25 living units per net acre with a 25% density bonus issued by the City Council for Affordable Housing (AH) projects. Additional uses are permitted that are complementary to, and can exist in harmony with a residential apartment development. The fourth paragraph in Chapter 4 of Volume II Development Standards of the South Poway Specific Plan is amended to read as follows: For areas not designated Open Space - 1 dwelling unit, the total residential density for the South Poway Planned Community shall be allocated as follows in order to preclude development from steep slopes that could create significant visual impacts, to avoid areas with little or no infrastructure or limited or difficult access: Total Number of Dwelling Units Project Name 19 Las Lomas Estates 20 Existing Dwelling Units 5O Briehan Mobile Home Park 122 McMillin Development (Trident Homes) 20 Creek Road Enclave 20 Gate Drive Specific Plan 21 Hillside Village 17 Future Project 289 Total Units Allocated Figure 48 in Volume 1 Development Plan of the South Poway Specific Plan is hereby amended to indicate the land use designation an 8-acre portion of a 32.72-acre two-parcel site located near the southeast corner of Community Road and Civic Center Drive, is hereby changed from Mobile Home Park to Residential Apartment (RA). The subject 8-acre site is a portion of a two-parcel property, totaling 32.72 acres (27.72 and 5.15, respectively), and is located near the southeast corner of Community Road and Civic Center Drive. The two parcels are legally defined as a portion of the southwest quarter of the southeast quarter of Section 13, Township 14 South, Range 2 West, of North San Bernardino Meridian. Parcel 2 is Parcel 1 of Parcel Map No. 15715, in the City of Poway, County of San Diego, State of California, June 21, 1989 as File No. 89-328217. The parcels are further defined as APN 317-480-10 & 13. Resolution No. 01-039 Page 3 PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway, State of California, at a regular meeting this 5th day of June 2001. ATTEST: ne Peoples, Cit-y~le~k Michael P. Cafagna,~yor STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under penalty of perjury, that the foregoing Resolution No. 01-039 was duly adopted by the City Council at a meeting of said City Council held on the 5th day of June 2001 and that it was so adopted by the following vote: AYES: GOLDBY, HIGGINSON, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: EMERY, REXFORD L'6~i)Anne Peoples, City Cl~rk City of Poway Resolution No. 01-039 Page 4 EXHIBIT A Mitigation Measure Timing Responsibility Noise a. Depict on the grading plan, noise attenuation wails At grading plan Applicant pursuant to Poway General Plan noise standards submittal and in accordance with the Noise Analysis prepared by Acoutech, and subject to the approval of the Director of Development Services. b. Conduct a follow-up noise study to ensure that the Prior to issuance Applicant noise levels within the residential units, day care of occupancy building, and the outdoor play areas are within ~ermit acceptable levels. Written results of the noise test shall be provided to the City Planning Division for review. If the noise levels are not acceptable, the applicant shall take appropriate measures, to the satisfaction of the Director of Development Services, to reduce the noise levels to acceptable levels. No air conditioning units are permitted on the north side of the day care building. c. Keep day care north windows and door closed During operations Applicant during operations. d. No outdoor paging systems or telephone bells or During operations Applicant similar devices shall be used on day care. Biology a. Create a legal description, plot and prepare and Prior to issuance Applicant record a biological conservation easement over the of grading permit approximate 24 acres outside the developed portion of the site exclusive of road and fire management zones. b. Place a construction fence at the perimeter of Prior to issuance Applicant grading to preclude access into the mitigation area, of grading permit subject to the approval of the Director of Development Services. Trans- a. Design and construct road improvements on Applicant/City portation Community Road that include, but are not limited to, Prior to grading a deceleration lane, a third travel lane, extension of permit, during the landscape median and applicable left turn construction pockets for regular and emergency access on Community Road to meet current design standards subject to the approval of the City Traffic Engineer, City Engineer and Director of Development Services. b. Provide full vehicle and pedestrian access to Haley Applicant Estates and Hillside Village residents through the During operations gate, subject to the approval of the Director of Development Services. c. Place in the lease that the left turn in pocket will be Applicant eliminated in the future when the City determines the During operations movement is no longer safe. Recreation a. Provide annual passes to the residents of Hillside Applicant Village to the Poway Community swimming pool. During operations n:\city\planning\01 report\spa\spa8401yy res.doc