Item 8 - Second Reading Ordinance 449
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CITY OF POWAY
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Mana~
INITIATED BY: J,h, D. Fit,h, A"i,t.'t 'it, ..~
Marjorie K. Wahlsten, City Clerk -
!
DATE: September 5, 1995
SUBJECT: Ordinance No. 449 - Second Reading
BACKGROUND
On August 15, 1995, the City Council introduced and had the first reading on
Ordinance No. 449 - "An Ordinance of the City of Poway, California, Amending
Title 16 (Land Use Regulations Code) of the Poway Municipal Code Regarding
Regulations and Permit for Grading, Clearing and Grubbing." Mayor Higginson was
absent at first reading. There was extensive public testimony. Staff recommends
adoption.
FINDINGS
It is in order to have the second reading and adopt this Ordinance.
FISCAL IMPACT
None
ENVIRONMENTAL REVIEW
The City Council issued a Negative Declaration on August 15, 1995 in connectin
with the Subarea Habitat Conservation Plan.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice was published in the Powav News Chieftain prior to the first reading of
the Ordinance.
RECOMMENDATION
If the City Council desires to adopt, read title and waive further reading of the
Ordinance by unanimous vote. Pass motion adopting on a roll call vote.
Attachment:
1) Ordinance
e:\e1ty\leg1'lat\c1tyelrk\agenda\ord2rpt.pf
I of 5 SEP 5 1995 ITEM 8
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ORDINANCE NO. 449
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
AMENDING TITLE 16 (LAND USE REGULATIONS CODE)
OF THE POWAY MUNICIPAL CODE
REGARDING REGULATIONS AND PERMIT REQUIREMENTS
FOR GRADING, CLEARING, AND GRUBBING
WHEREAS, the City Council periodically finds it necessary to amend Title 16 (Land
Use Regulations Code) of its Municipal Code in response to changing conditions within the
City; and
WHEREAS, on August 15, 1995, the City Council adopted a resolution approving
General Plan Amendment, GPA 95-02 and adopted an ordinance approving Zoning
Ordinance Amendment, ZOA 95-01, which adopted the City of Poway Subarea Habitat
Conservation Plan (Poway Subarea HCP) and the companion Implementing Agreement
(IA) documents, and amended relevant elements and sections of the General Plan and
Zoning Development Code to incorporate by reference the subject documents and the
requirements thereof, including the Compensation Mitigation Strategy, Mitigation Ratios,
and Special Development Requirements; and
WHEREAS, the City Council finds that the Land Use Regulations Code of the
Poway Municipal Code should be amended to incorporate by reference the Poway Subarea
HCP, the companion lA, and the requirements thereof to maintain consistency with the
General Plan and Zoning Development Code; and as required by Section 65860 of the
California Government Code; and
WHEREAS, a duly advertised public hearing was conducted in accordance with
Section 65853, et seq., of the California Government Code and the California
Environmental Quality Act (CEQA) to consider the proposed amendments and to provide
interested parties the opportunity to address such.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Poway the
following:
Section 1:
The City Council finds that the proposed amendments to the Land Use Regulations
Code of the poway Municipal Code will not have a significant adverse environmental
impact and hereby issues a Mitigateet Negative Declaration pursuant to CEQA
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SEP 5 1995 ITEM 8
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Ordinance No. 449
Page 2
Section 2:
As adopted by the City Council resolution approving General Plan Amendment, GPA
95-02, the City of poway Subarea Habitat Conservation Plan (Poway Subarea HCP)
and companion Implementing Agreement (IA) describe implementing requirements
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I y ~' "J;.e ,~n, ,,&;, ",s~ Del ,an ill a , a, aoagema,n, ", "r ~ aqJ:lI"
~~f<<"$a . "($t.'~'uw,t{ l HWf f fJIW4:(~WIif( . " . n f
Section 3:
Amendments to the certain sections of Title 16 (Land Use Regulations Code) of the
Poway Municipal Code as identified below are hereby established and shall read as
follows:
1. CHAPTER 16.41. - DEFINITIONS
The definition of "Implementing Agreement" shall be added as new Section
16.41.445 to read as follows:
16.41.445 Imolementina Aoreement IIA). "Implementing Agreement (IA)"
means the legally binding agreement that specifies the responsibilities and
obligations of the City of Poway/poway Redevelopment Agency (City) to
implement the adopted City of Poway Subarea Habitat Conservation Plan
(poway Subarea HCP), as fully executed by the City, U.S. Fish and Wildlife
Service, and California Department of Fish and Game.
The definition of "Poway Subarea HCP" shall be added as new Section 16.41.755
to read as follows:
16.41.755 Powav Subarea HCP. "poway Subarea HCP" means the City of
Poway Subarea Habitat Conservation Plan.
3 of 5 SEP 5 1995 ITEM 8
Ordinance No. 449
Page 3
2. Section 1643010 Environmental Review
Paragraph A. of this section shall be amended to read as follows:
16 43.01 0 Environmental review. A. Prior to the issuance of any permit
under this division, the City Engineer shall refer the permit application to the
Planning Services Department for review and determination whether the
proposed grading and/or clearing could have a significant effect upon the
environment or verification that the City Council, a commission or City officer
having final authority for project approval has adopted an environmental
impact report or other environmental clearance which considered the
proposed grading and/or clearing or has determined that the project, which
included the proposed grading and/or clearing, would not have a significant
effect upon the environment.
Section 4:
The City Council of the City of Poway hereby finds that these amendments are
consistent with the General Plan, Zoning Development Code, and the intent and
purpose of the Land Use Regulations Code.
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30) days after
the date of its passage; and the City Cieri< of the City of Poway is hereby authorized to use
summary publication procedures pursuant to Government Code Section 36933 utilizing the
Poway News-Chieftain, a newspaper of general circulation published in the City of Poway.
4 of 5 SEP 5 1995 ITEM 8
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Ordinance No. 449
Page 4
Introduced and first read at a regular meeting of the City Council of the City of
Poway held the 15th day of August. 1995, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the day of .1995, by the
following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Susan Callery, Deputy Mayor
ATTEST:
,- Ma~orie K Wahlsten, City Clerk
E:\CITY\PLANNING\REPORnHCPGRD.ORD
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5 of 5 SEP 5 1995 ITEM 8
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1 I!., :~a Jr. 1/Fl!u1.h HII.l1b...k 71..:.
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RECEIVED '\
Seprember 5, 1995 SEP 5 1995
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To: MaJjorie K. WaIllsten, Ciry Clerk, Poway CITY OF POWAY -
Fnl~ Mayor and Members ol the City Council and Redevelopment Age Icy CITY CLERK'S OFFiCe
WHEREAS, James L. Bowersox, the City Manager. Reba Wright-QuasrIer, Dir~"lor of Planning
Services, and James Nessel, Senior Planner, have stated in oen proceedings that PowJ.Y has
already purchased and has in hand the necessary mitigation Ian s to proceed .....ilh ;, ~"rlcelionof
the Scripps/Poway P-Mkway without implementation of a "Resource Conservatioll I\,.,'a" (RCA)
and adoption of the Poway Subarea Habitat Conservation Plan;
WHEREAS, the three above named staff members and Councilman Mickey Cafagna r(~lated the
above ..tthe public hearing August 15, 1995, before the City Council and Redevelopment Agen.:y;
WI IEREAS, page 10 (11 of 77) of the recommendation August 15. 1995, of James L Bowersox
that the City Council/Redevelopment Agency adopt the rcvised draft resolution appro' ing General
PI:m Amendment GPA95-02, give first reading to the revised draft ordinances amenJing the
g...tdmg and zoning ordinances and continue them to August 22. 1995 for second reading. adopt
draft resolution of the Poway Subarea HCP, and authorize the mayor to sign the Implementing
Agreement/California Endangered Species Act Memorandum of Understanding;
WHEREAS, ~ge 10 (11 of TI) states no fiscal impact would occur Wilh the adoption of the
proposed He. a:;c lA, :,;;: iherc is no record of a fiscal study of the fiscal imp"ct 011 .',~ :ily. the
u.xpayers, and propert). owners;
WHEREAS, the aforementioned city staff members, councilman Cafagna, in the presence of the
city attorney, stated at the hearing that the plan was voluntary for property owner>;
WHEREAS, the only thing voluntary about the plan is the choice of obtaining a pemlit from the
,~ity of Poway or the U.S, Fish and Wildlife Service and the California Dep;'rtment of Fish and
Game; our properties remain "red-lined." subject to revised GPA Amendment GPA<:':S-02 and
ac-:omp:1Ilying ordinances;
WHEREAS, affected ~roperty owners were not involved, in violation of the "ational Community
Conservation Plans, w ich states that in development of habitat conservation pl;ms rhal3.l1 al (cered
property owners be involved from the beginning;
WHEREAS, the HCP studyol alternatives rejected 100% purchase cfthe :!!fe<::.:J F\'r...lll~S unGer
the righl of emin.:nt domain because the clly. nor any other source, does not h;lv.: !II<: mOlley
neeJed, rejected building the parlcu'ay without the adoption of the HCP, although Po\\"ay uJr<:ady
has th.: IGlld needed to mitigate the park...'3Y;
WHEREA S, Powa)' chose to use refuJatory means to take our private propert)" to "red-line" it (or
50 years, to de~'a1ue it to 9()..95% 0 its value;
WHEREAS, this taltin~ is a violation of our constitutional rights under the 5th amendm~nt 10 lhe
lInited Stares Constitution; the red-lining of OUr property is a violation of our CIvil rij;ht~. w.d also
forcing us private property owners to continue to pay taxes, assessmcnt district fees ~~ as
I, (riJ
SEP 5 1995 ITEM 8+ 9
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,..., ! ",-,l:..e:.c "7 ~1.4-:':'~..r, ~.l():':
'.:l~~-' ':l ..,.-:; '~!J~ l~:z:e .1.....,/~j.J... to,
landscjing, water assessment.! and liability costs, among others, while depriving l~, llf Ih.: use of
our Ian for.50 Yc:I.fS;
WHERE=.AS, the City of Poway has the power to eliminate taxes and assUme Iiabiltty for th(. He!>
lands, but it has chosen not to do so;
THEREFORE: For the above reasons we continue to object to and strongly protest the adoplion of
Ihe Hep. the revised GPA95-02 and accompanying ordinances by the Cily/Redevelopment
Agency.
d};;k~Z:~
Hilsabeck Marital Deduction Trust
Hilsabeck Family Trust
Hilsabeck Survivor Trust
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