Item 9 - Second Reading Ordinance 450
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CITY OF Po WAY
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Ma* ."1
INITIATED BY: John D. Fitch, Assistant City Manage~)r
DATE: Marjorie K. Wahlsten, City Clerk ~
September 5, 1995
SUBJECT: Ordinance No. 450 - Second Reading
BACKGROUND
On August 15, 1995, the City Council introduced and had the first reading on
Ordinance No. 450 - "An Ordinance of the City of Poway, California, Amending
Certain Sections of Title 17 (Zoning Development Code) of the Poway Municipal
Code, Zoning Ordinance Amendment ZOA 95-01." 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
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e:\c1ty\leg1s1at\c1tyclrk\.genda\ord2rpt.pf
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ORDINANCE NO. 450
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
AMENDING CERTAIN SECTIONS OF TITLE 17
(ZONING DEVELOPMENT CODE)
OF THE POWAY MUNICIPAL CODE,
ZONING ORDINANCE AMENDMENT, ZOA 95-01
WHEREAS, the City Council periodically finds it necessary to amend Title 17 (Zoning
Development 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 which adopted the City of Poway Subarea Habitat
Conservation Plan (Poway Subarea HCP) and the companion Implementing Agreement (IA)
documents, and amended relevant Elements of the General Plan 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 Zoning Development Code of the Poway
Comprehensive Plan should also be amended to maintain consistency with the General Plan
as required by Section 65860 of the Califomia Govemment Code; and
WHEREAS, a duly advertised public hearing was conducted in accordance with
Section 65853, et seq., of the Califomia Govemment Code and the California Environmental
Quality Act (CECA) 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 proposed Zoning Ordinance Amendment, ZOA 95-01 will
not have a significant adverse environmental impact and hereby issues a MiligateEl
Negative Declaration pursuant to CECA.
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 that
apply to public and private development projects within the City
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.. Ordinance No. 450
Page 2
Such requirements include, but are not limited to, a compensation mitigation strategy,
mitigation ratios, and special development requirements. These requirements will
apply to any ~~development project that impacts sensitive plant species, wildlife
species, and associated natural habitats both inside and outside the established
Resource Conservation Area ~$JE1~1fJi9lU~~t"_, All leREIl:Ise aREI
zaRiR!! Elesi!!RaliaRs af tAe CeReFeI PieR eRll ZaRiR!! Oe'lelalilffleRt Calle eFe I:!ereey
sl:lBjeet te sl:Isl:! reEjl:lireffleFlls.
Section 3:
Amendments to the certain sections of Title 17 (Zoning Development Code) of the
Poway Municipal Code as identified below are hereby established and shall read as
follows:
All public prQjaas and private development projects within the jurisdiction of the
.~'~:~':-:'. .w.~.:-:.~
City that have the potential to adversely impact sensitive plant species, wildlife
species, and associated natural habitats shall 1!.'~_~'.~1iQ~
lirl[lrl(fi_l'BlI_1It!lfJl!i~l~
-- ~naf.afite.tSgima:e:;ori comply with the adopte l50waygubarea Habi1ilt
;,:.:.,.:,~;.:;-..:.~' " '," "';;-;'':1=-:<<~#.:.:.:.~:. ' .. '~'.
Conservation Plari, the companion Implementing Agreement, and the
requirements thereof including the Compensation Mitigation Strategy, Mitigation
Ratios, and Special Development Requirements.
The following sections shall be amended to include this language:
Residential Zones: Section 17.08.180, Property development standards - Special
requirements. Add amendment language as new requirement (U.).
Commercial zones: Section 17.10.140, Property development standards - Special
requirements. Add amendment language as new requirement (K.).
MHP Mobile Home Park Zone: Section 17.16.050, Property development standards -
Special requirements. Add amendment language as new requirement (0.).
PBD Planned Resigential Develooment Zone: Section 17.18.040, Property
development standards - Special requirements. Add amendment language as new
requirement (L.).
PC Planned Community Zone: Section 17.20.040, Property development standards -
Special requirements. Add amendment language as new requirement (C.).
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SEP 5 1995 ITEM 9
Ordinance No. 450
Page 3
HC Hosoital Camous Zone: Section 17.21.050, Property development standards -
General requirements. Add amendment language as new requirement CN.).
PF Public Facility Zone: Section 17.22.070, Property development standards - Special
requirements. Add amendment language as new requirement (J.).
OS-R Ooen Soace-Recreation Zone: Section 17.23.070, Property development
standards - Special requirements. Add amendment language as new requirement (L.).
OS-RM Ooen Soace-Resource Manaaement Zone: Section 17.24.070, Property
development standards - Special requirements. Add amendment language as new
requirement (B.).
Section 4:
The City Council of the City of poway hereby finds that these amendments are
consistent with the General Plan and the intent and purpose of the Zoning
Development Code.
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30) days after the
date of its passage; and the City Clerk 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.
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
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