Ord 575ORDINANCE NO. 575
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
APPROVING SPECIFIC PLAN AMENDMENT (SPA 84-01J J J)
TO THE SOUTH POWAY SPECIFIC PLAN TO CHANGE THE LAND USE
DESIGNATION OF THE VACANT 7.3-ACRE PROPERTY LOCATED AT THE
WESTERLY TERMINUS OF GREGG COURT FROM LIGHT INDUSTRIAL TO
SOUTH POWAY COMMERCIAL
APN: 317-270-53
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 January 24, 2003, the City Council initiated Specific Plan
Amendment 84-01JJJ by Resolution; and
WHEREAS, Specific Plan Amendment 84-01JJJ is proposed to change the land
use designation of the vacant, 7.3-acre property located at the westerly terminus of
Gregg Court from Light Industrial to South Poway Commercial; and
WHEREAS, on March 4, 2003, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, the City Council does hereby ordain as follows:
Section 1: The City Council has considered the project's Environmental Initial Study
(ELS) and Mitigated Negative Declaration (MND), and has considered the associated
Mitigation Monitoring Program shown as Exhibit A of this Ordinance for the project. The
subject ElS and MND 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, that
the mitigation measures contained in the ElS and Exhibit A hereof will mitigate
potentially significant impacts to a less than significant level, and that the MND reflects
the independent judgment and analysis of the City. The City Council hereby approves
the MND and the associated Mitigation Monitoring Program attached to this Ordinance
as Exhibit A.
Ordinance No. 575
Page 2
Section 2: The City Council hereby conditionally approves Specific Plan Amendment
84-01JJJ to change the land use designation on the vacant 7.3-acre property located at
the westerly terminus of Gregg Court, and as shown in Exhibit B attached to this
Ordinance (APN 317-320-53), from Light Industrial to South Poway Commercial subject
to the payment of land use designation change Traffic Impact Mitigation fees as
specified by City Council Resolution to be applied towards improvements necessary to
accommodate SANDAG 2020 traffic projections resulting from the change in land use
from Light Industrial to South Poway Commercial, to be paid prior to the issuance of any
Building Permit on the subject property.
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30)
days after the date of this passage; and before the expiration of fifteen (15) days after
its passage, it shall be published once with the names and members voting for and
against the same in 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 this 4th day of March 2003 and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 18th day of March 2003, by the following
roll call vote.
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
L-ori~nne Peoples, City Clerk
Ordinance No. 575
Page 3
MITIGATION MONITORING PROGRAM
FOR SPA 84-01JJJ
Section 21081.6 of the Public Resources Code requires that public agencies "adopt a
reporting or monitoring program for the changes which it has adopted or made a
condition of project approval in order to mitigate or avoid significant effects on the
environment. The reporting or monitoring program shall be designated to ensure
compliance during project implementation." This mitigation-monitoring program has
been prepared in accordance with Section 21081.6 of the Public Resources Code.
Non-compliance with any of these conditions, as identified by City staff or a designated
monitor, shall result in issuance of a cease and desist order for all construction
activities. The order shall remain in effect until compliance is assured. Non-compliance
situations, which may occur subsequent to project construction, will be addressed on a
case-by-case basis and may be subject to penalties according to the City of Poway
Municipal Code. When phasing of development has been established, it may be
necessary for this Monitoring Program to be amended, with City approval.
Topic Mitigation Measure Timing Responsibility
Traffic and Pay Traffic Impact Mitigation fees Prior to Applicant
Circulation as specified by City Council Building
Resolution to be applied towards Permit final
improvements necessary to approval.
accommodate SANDAG 2020
traffic projections resulting from the
change in land use from Light
Industrial to South Poway
Commercial.
Ordinance No. 575
Page 4
EXHIBIT B
Vicinity Map
SPA 84-01JJJ
NO SCALE