April 5, 2022, Item #10DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway April 5, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /,v1, Sara Trunzo, Associate Civil Engineer 71 (858) 668-4622 or [email protected] CITY COUNCIL An Ordinance of the City of Poway to relinquish a 0.017-acre portion of a 5.21-acre privately-owned open space lot (Assessor Parcel Number 317-534-43) in exchange for 0.017 acres of undisturbed adjacent land. Poway Municipal Code (PMC) Section 16.16.110 requires that City Council adopt an Ordinance in order to relinquish open space land. The owner of Lot 7 of the Aria Estates Development on Aria Court (Assessor Parcel Number (APN) 317-534-41) is proposing a boundary adjustment to acquire 0.017 acres of a 5.21-acre open space lot, Lot B (APN 317-534-43), in order to widen the western side yard of the lot by six feet. The open space lot is privately owned with an open space easement dedicated to the City. The owner is proposing to add an equal amount of vacant undisturbed land from his parcel to the open space parcel so there is no net loss in open space area as required by the PMC. Recommended Action: It is recommended that the City Council take public input, close the public hearing, introduce the Ordinance (Attachment A) by title only, waive further reading, and schedule adoption for April 19, 2022. The Ordinance must be approved by a four-fifths vote of the City Council. Discussion: The applicant, Mostafa Panah, owns a 0.72-acre parcel on Aria Court. The parcel is immediately adjacent to and east of a 5.21-acre open space lettered lot owned by the Aria Estate Association with an open space easement dedicated to the City (Attachment 8). The open space easement was dedicated to the City with the subdivision for Tentative Tract Map No. 17-003 in December 2019. The applicant has requested to adjust the property line shared with the open space in order to accommodate a recreational vehicle driveway area on the west side of the home. The proposed property line location would be moved approximately six feet to provide a 12-foot setback where the property line is adjacent to the house. The remainder of the property line would be angled back so that an equivalent area (approximately 753 SF or 0.17 acres) is exchanged with the open space parcel. The Boundary Adjustment Site Plan (Attachment C) shows the existing and proposed property lines. 1 of7
April 5, 2022, Item #10Section 16.16.110 of the PMC (Attachment D) allows the relinquishment of City open space by an Ordinance approved by four-fifths vote of the City Council, provided the specified findings can be made. The subject Ordinance has been prepared and the required findings to support the relinquishment of open space can be made. The findings are that along with the release of the portion of the open space easement, an exchange for property of equal size and quality for open space is being dedicated to the City as open space easement, concurrent with the transfer of the subject property. The impacted open space property would be exchanged for adjacent, equal size and comparable quality property and habitat from Mr. Panah's lot (APN 317-534-41) if the Council approves the recommended Ordinance. If the Ordinance is approved, a Boundary Adjustment application will be processed administratively to adjust the subject portions of the open space and residential lots. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) and 15325(f) of the CEQA Guidelines, in that there is no possibility that it will have a significant effect on the environment because the Ordinance involves the transfer of an equal amount of unpreserved land and preserved open space land, between two adjacent parcels, with no impact to habitat. Fiscal Impact: There is no fiscal impact with this action. The Ordinance will result in an exchange of open space land for vacant undeveloped, unencumbered property from the residential property of equal size and quality for use as open space. Public Notification: A public notice was published in the Poway News Chieftain and mailed to property owners and occupants within 500-feet of the subject site. Attachments: A. Ordinance B. Zoning and Location Map C. Boundary Adjustment Site Plan D. Section 16.16.11 O of the PMC Reviewed/ Approved By: Wendy)<aserman Assistant City Manager 2 of7 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
April 5, 2022, Item #10ORDINANCE NO. AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, PURSUANT TO SECTION 16.16.110 OF THE POWAY MUNICIPAL CODE CONCERNING RELINQUISHMENT OF OPEN SPACE (APN 317-534-43) WHEREAS, Section 16.16.110 of the Poway Municipal Code sets forth the standards concerning relinquishment of dedicated open space of the City, by a four-fifths vote of the City Council; WHEREAS, Mostafa Panah has requested an adjustment of privately-owned property with an open space easement dedicated to the City, which will allow the development of a recreational vehicle storage area encroaching into a portion of a privately-owned open space lot (APN 317-534-43); WHEREAS, transfer of the approximately 0.017 acres of open space shall be exchanged for property of equal size and quality for open space and will be transferred to the Aria Estate Association concurrent with the transfer of the subject property as required by Poway Municipal Code 16.16.11 0(A)(2); and WHEREAS, on April 5th, 2022, 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 OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: The City Council finds that the adoption of this Ordinance is exempt from the provision of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) of the CEQA Guidelines, because there is no possibility that it will have a significant effect on the environment because the Ordinance entails the implementation of existing regulations that result in an equal transfer of land to preserve open space. SECTION 3: The finding is in accordance with Section 16.16.11 0(A)(2) of the Poway Municipal Code, to approve the subject Ordinance to allow the relinquishment of an approximate 0.017-acre portion of a 5.21-acre open space lot owned by the Aria Estate Association with an open space easement dedicated to the City and known as Assessor Parcel Number 317-534-43. SECTION 4: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §36933. 3 of7 ATTACHMENT A
April 5, 2022, Item #10Ordinance No. *** Page 2 INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 5th day of April 2022, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the 19th day of April 2022, by the following vote, to wit: AYES: NOES: ASSET: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4of7
April 5, 2022, Item #10RR-C RS-4 co RS-4 I ----------1~ 0 70 140 - ---5 of7 280 Feet RC-8 CITY OF POWAY Zoning I Location Map Item: Aria Estates Open Space Boundary Adjustment ATTACHMENT 8
April 5, 2022, Item #10\ \ EXIST BOUNDARY--\ \ EXIST CONC DITCH PARCEL2 EXIST SLOPE [L(Q)tf [ID (Q)[p}~[N] ~[p)~~~ ~~~~IM1]~[N]1f llw(o)lQlllK&S ENGINEERING, INC surveying 6 of7 1619 296-5565 \ SITE PLAN (NOT A PART (f' EXHIBIT B) PROPOSED BOUNDARY PARCEL 1 EXIST SLOPE EXIST BUILDING .----, ("ITV f"\C Df"\\J\I I\ V B01 ATTACHMENT C TPLAT DANES ROAD SCALE: 1" = 50' SITE PLAN JOB. NO. 16-006 SHEET: 1 OF 1
April 5, 2022, Item #1016.16 .. 110 Relinquishment of dedicated open space1 etc. 10 SHARE A n easement or fee inte est fn real property dedrcated or offered for dedication to the City tor open space, trai!I or other public recreation purpose shall be vacated, re~inquis edl, abandoned,. released, soldi, encumbered, or otheM1se t~ansferred or conve11ed free of such limitatlon except y ordi · ance approved by a four-fifths vote of he City Council with he following dings: 1. The purpose of the release or transfer is to pem1n the property to be used for a valid pu'tJlic purpose, incliuding, but not limited to. public streets or drainage facilities: or 2. The p:roperty is being exchanged for property of equal or greater size and qualify for open space, trail or other public recreation use, and is being transferred tot e City concurrent with the transfer of the subject property. B. Any ordinance adopted by the City Council pu~porting to ame d or repeal the ordina ce codified in his secUo or purporting to vacate,, relinqursh, abandon, release, sell, encumber, or . therwise tra sfer or convey an easeme ·tor fee in e est r.n real pro erty dedtcated or offered for dedication to the City for open space., trail o other public recrea ion purpose without a municipal election s all be a legijslative ac subJec to refer end m and s .all be su:bject to j dicia I reviev, by "', It of mand·ate. G. This section shall app'.ly to all earSement or fee interest in real property held or owned by the City for open s ace, trail or o her publfc recrea i'.on purpose \ hether such interes was acquired, by the Ci y rough t e subdivision pr. cess or then;, ·se .. D. The City Manage is aut .orrzed to pre are and record int e record titre of open space dedicated or offered for dedication to the C~ty a declaration of rest · ctions identiffing th.e lim1tations placed y this section . pon he transler or rel~nq uishment of such open space. E In the eventthat any portion of th~s P,r tc 16.16.110 is declared by a court of co 1petentju ·sdiction to be invalid. such portron shall be severabte from aH other ortions of thts secUon. Those portions no dec1ared invalid shall remain in fun foroe and effe t {Om. 189 § 1, 1986) 7 of7 ATTACHMENT D