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Res 01-102-- RESOLUTION NO. 01-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING THE GENERAL PLAN TO ALLOW FIRE STATIONS ON PROPERTY HAVING A NATURAL SLOPE IN EXCESS OF 10 PERCENT GPA 01-03 WHEREAS, the City Council of the City of Poway recognizes that the need may arise to amend the City's General Plan; and WHEREAS, an amendment to the text of the General Plan is necessary to permit fire stations to locate on slopes in excess of 10 percent so as to meet the increasing demand for emergency services, and WHEREAS, on November 27, 2001, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1. Environmental Finding: The City Council has considered the Environmental Initial Study (ELS) and Negative Declaration (ND), for General Plan Amendment 01-03 and public comments received on the ElS and ND. The subject ElS and ND 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. The City Council hereby approves the Negative Declaration. Section 2. Amendment of the General Plan: Policy 15.j of the Community Development Element of the Poway General Plan, as the same was designated prior to the approval of Proposition FF in November 1988, is hereby amended and incorporated into Strategy 8 of Policy B of Goal II of the Community Development, Resources, Public Safety, and Public Facilities Elements of the Poway General Plan at the beginning thereof to read as follows: Strategy 8. In all rural residential and open space areas subject to Proposition FF, public and quasi-public uses (e.g. hospitals, convalescent hospitals), except fire stations, shall be limited to areas with natural slopes of 10 percent or less. Other uses such as hiking and riding trails, driving ranges, golf courses and other recreational uses may be considered on steeper slopes providing that they do not significantly alter the landform. Buildings and parking lots must adhere to slopes of 10 percent. Resolution No. 01-102 Page 2 Section 3. City Council Action: The City Council shall, as quickly as permitted by law following the effective date of this Resolution, take all actions to implement the mandate of Section 2 hereof, including the enactment of any Ordinance or Resolution necessary to give full effect to this Resolution. The City Council shall take all steps necessary to defend vigorously any challenge to the validity or constitutionality of this Resolution. Section 4. Construction: Nothing contained in this Resolution shall be construed to make illegal any lawful use presently in effect. Nothing contained in this Resolution shall be construed to require more than a simple majority vote for the approval by the voters of this Resolution or for the approval of any future measure to amend or repeal this Resolution. Nothing in this Resolution shall be construed to effect any change to Policy 15.j as interpreted in the written opinions of the Poway City Attorney on file in the office of the City Clerk, other than to allow fire stations on property with a natural slope in excess of 10 percent. Section 5. Effective Date: This Resolution shall only take effect ten (10) days after the date that voter approval of the General Plan amendment set forth herein is declared by the legislative body. Once effective, this Resolution shall be repealed or amended only by a further vote of the electorate. ATTEST: PASSED, ADOPTED, and APPROVED by the City Council of the City of Poway, California, at a regular meeting this 27th day of November 2001. ~'ri~Anne Peoples, (J{~y Cl~rk ' Resolution No. 01-102 Page 3 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under the penalty of perjury, that the foregoing Resolution No. 01-102 , was duly adopted by the City Council at a meeting of said City Council held on the 27th day of November 2001, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE Peoples, City ~-~erl~ " City of Poway N:\city\planning\01 report\gpa\gpa01-03.res.doc