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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