April 19, 2022, Item #9DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway April 19, 2022 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk ~ (858) 668-4535 or [email protected] CITY COUNCIL Second Reading and Adoption of Ordinance No. 855 entitled "Ordinance of the City Council 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)." The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on April 5, 2022. There were no speakers. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: Recommended Action: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: LEONARD, FRANK, GROSCH, MULLIN, VAUS NONE NONE NONE NONE It is recommended that the City Council adopt Ordinance No. 855. 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 1 of 4
April 19, 2022, Item #9quality for use as open space. Public Notification: An ordinance summary notice was published in the Poway News Chieftain on Thursday, April 14, 2022. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933. Attachments: A. Ordinance No. 855 Reviewed/ Approved By: Assistant City Manager 2 of 4 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
April 19, 2022, Item #9ORDINANCE NO. 855 AN ORDINANCE OF THE CITY COUNCIL 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 in favor and against, 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 3 of4
April 19, 2022, Item #9copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §36933. 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: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4of4