Item 4.2 - Acceptance of City Clerk’s Certification of Initiative Petition entitled “An Initiative to Amend the City of Poway General Plan"; Stoneridge apc••
APPROVED
City of Poway APPROVEDAS AMENDED ❑
(SEE MINUTES)
COUNCIL AGENDA REPORT DENIED"1'w rhe C° REMOVED 0
CONTINUED
DATE. July 18, 2017 Resolution Noun,'ci I 5O
TO• Honorable Mayor and Members of the City Council
In-051
FROM. Morgan Foley City AttomefrIV
Nancy Neufeld, City Clerk _4(4yt/
(858) 668-4535 or nneufeld(cilpoway.orq
SUBJECT Acceptance of City Clerk's Certification of Initiative Petition entitled An
Initiative to Amend the City of Poway General Plan to Add the Stoneridge
Overlay Zone, and to Amend the Zoning and General Plan Land Use Map of
the City of Poway to Redesignate a Portion of the Stoneridge Country Club
from Open Space-Recreation to Residential Condominium with the
Stoneridge Overlay Zone" and Adoption of Resolutions Calling for a Special
Municipal Election to be held November 7 2017 Requesting Consolidation
Services from the County Board of Supervisors, and Providing for the Filing
of Rebuttal Arguments
Summary:
On June 29 2017 the San Diego County Registrar of Voters notified the City Clerk that the random
sampling method of examination of the records of registration was complete for "The Poway Open
Space and Recreation Preservation Initiative, the title given the ordinance by its proponent. Based on
the results of the random sample, the number of projected valid signatures on the initiative petition is
5,697 The projected number exceeds the percentage for validation of the signatures required for
qualification (Attachment A). The City Clerk therefore, certifies the initiative petition, filed on June 19
2017 as sufficient and states that it contains not less than fifteen percent (15%) of the registered voters
of the City of Poway
Recommended Action.
It is recommended that the City Council accept the Certification of Sufficiency immediately order a
special election, to be held pursuant to subdivision (a) of Elections Code section 1405, at which the
ordinance, without alteration, shall be submitted to a vote of the voters of the City and adopt
resolutions: (1) calling and giving notice of the holding of a special municipal election; (2) requesting
the Board of Supervisors of the County of San Diego render specified services to the City relating to
the conduct of a special municipal election; and (3) providing for the filing of rebuttal arguments.
Discussion:
The initiative petition entitled An Initiative to Amend the City of Poway General Plan to Add the
Stoneridge Overlay Zone, and to Amend the Zoning and General Plan Land Use Map of the City of
Poway to Redesignate a Portion of the Stoneridge Country Club from Open Space-Recreation to
Residential Condominium with the Stoneridge Overlay Zone" was submitted by the proponents to the
City Clerk's office on June 19 2017 with approximately 6,265 signatures and on June 20, 2017 was
delivered to the San Diego County Registrar of Voters for the verification of signatures utilizing the
random sampling method of verification as provided in Elections Code section 9115. The ballot title
and summary as prepared by the City Attorney and the text of the proposed ordinance are attached
(Attachments B and C). There are 29,502 registered voters in Poway according to the February 10,
2017 San Diego County Registrar of Voters Report of Registration. To qualify an initiative petition for
1 of 22 July 18, 2017 Item # 4.2
Certification of Sufficiency Poway Open Space Initiative Petition
Page 2
July 18, 2017
a regular election, signatures of ten percent (2,951) of the registered voters is required. The initiative
was submitted with a request for a special election which requires signatures of fifteen percent (4,426)
of the registered voters.
According to the Elections Code section 9214, upon acceptance of the Certification of Sufficiency, the
legislative body shall do one of the following:
1. Adopt the ordinance, without alteration, at the regular meeting at which the certification of the
petition is presented, or within 10 days after it is presented.
The City Council has the option to adopt the proposed measure as its own ordinance, but submittal
to the voters would still be required as the proposed changes in land use designation and zoning
are subject to the provisions of Proposition FF (Ordinance 283).
2. Immediately order a special election, to be held pursuant to subdivision (a) of Elections Code
section 1405, at which the ordinance, without alteration, shall be submitted to a vote of the voters
of the city.
The Registrar of Voters (ROV) signature verification determined that the initiative petition was
signed by not less than fifteen percent (15%) of the voters of the city according to the last report of
registration by the county elections official (in this case 15% would be 4,426 valid signatures). In
addition, the petition contained a request that the ordinance be submitted immediately to a vote of
the people at a special election.
Proposition FF (Ordinance 283) provides that if a proponent requests a special election, and if the
initiative petition qualifies and the City Council calls for a special election, the costs shall be borne
by the proponent. The minimum estimated cost of the special election is $350,000 (see Fiscal
Impact, below) and shall be deposited with the City Clerk in advance of the election. An invoice for
the advance deposit will be presented to the proponent following City Council acceptance of the
Certification of Sufficiency. This advance deposit is subject to additional adjustments based upon
the ROV preliminary estimated invoice and the final actual cost invoice presented by the ROV
following certification of the election.
3. Order a report pursuant to Elections Code section 9212 at the regular meeting at which the
certification of the petition is presented. When the report is presented to the legislative body, the
legislative body shall either adopt the ordinance within 10 days or order an election pursuant to
subdivision (b).
At theirmeeting held June 20, 2017 the City Council received an infomnational report from the City
Attorney outlining provisions in Election Code section 9212 which would allow the City Council,
prior to submitting the measure to the voters, to request a report from staff concerning the fiscal
impact of the measure, its effect on the General Plan and zoning of the City, legal issues presented,
and any other matters that the Council may request. The Council did not take action to request
such a report.
Environmental Review:
An environmental review is not required prior to placement on the ballot of a citizen sponsored initiative
measure.
2 of 22 July 18, 2017 Item # 4.2
Certification of Sufficiency Poway Open Space Initiative Petition
Page 3
July 18, 2017
Fiscal Impact:
An initial request for an estimated election cost was made to the Registrar of Voters. A cost projection
came in at $350,000 to $400,000 based on the number of Poway's registered voters, sample ballot
pamphlet size, estimated poll worker costs, and Federal language translation requirements. Other
costs not included in the Registrar of Voters estimate are signature verification costs and translation
and publication for the Notice of Election. These costs are expected to be approximately $20,000. A
more accurate estimate cannot be provided until a special election has been called. The Registrar of
Voters will then present an advance deposit invoice to the City. The estimated election costs are to be
paid by the proponent prior to the election in accordance with Proposition FF (Ordinance 283; Section
3E).
Public Notification:
A copy of this report has been sent to Mitch Stellar, proponent, and Sara Ellis, Director of Public Affairs,
Roni Hicks.
Attachments:
A. Certification of Sufficiency
B. Ballot Title and Summary
C. Initiative Measure to be Submitted Directly to the Voters
D. Resolution Calling and Giving Notice of the Holding of a Special Municipal Election
E. Resolution Requesting the Board of Supervisors of the County of San Diego Render Specified
Services to the City Relating to the Conduct of a Special Municipal Election
F. Resolution Providing for the Filing of Rebuttal Arguments
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
Reviewed By:
-au)mdA
Mor an ,ole
City Attd6y
Approved By:
�/"" _0
Tina M. White
City Manager
3 of 22 July 18, 2017 Item # 4.2
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CCS
C11crixntu Ulf �6n Piegur
MICHAEL VU REGISTRAR OF VOTERS
Registrar of Voters County Operations Center Campus
5000 overland Avenue, Suite 100, San Diego, California 92123-1266
Telephone: (858) 565-5800 Toll-free: 1 (800) 696-0136 TDD: (858) 694-3441
Facsimile: (858) 694-2955 Web Address: www.sdvote.com
June 29, 2017
Nancy Neufeld, City Clerk
City of Poway
13325 Civic Center Drive
Poway, CA 92064
Re: The Poway Open Space and Recreation Preservative Initiative.
CYNTHIA L. PAES
Assistant Registrar of Voters
"THE POWAY OPEN SPACE AND RECREATION PRESERVATIVE INITIATIVE" petition was
filed with the Registrar of Voters on June 20, 2017. As directed by your office, the Registrar of
Voters conducted a verification of 500 (three percent (190) is less than the 500 minimum required) of
the signatures selected at random from the petition in accordance with California Elections Code
Section 9115. Based on the results of the random sample, the number of projected valid signatures on
the initiative petition is 5,697. This projected number falls above 4,869 (110%) of the valid
signatures required for qualification.
CERTIFICATION OF RESULTS:
• Number of sections submitted.................................................................. 399
• Number of signatures submitted............................................................... 6,301
• Number of signatures verified (500 is greater than 190 (3%)) ................. 500
• Number of signatures found to be valid ................................................... 452
• Number of signatures found not to be valid (0 duplicates) ...................... 48
• Number of signatures required for qualification ...................................... 4,426
• Number of projected valid signatures...................................................... 5,697
If you have questions, please
G. MICHAEL VU
Registrar of Voters
me at (858) 505-7201 or Javier De Anda at (858) 505-7357.
4 of 22 Attachment A July 18, 2017 Item # 4.2
Ballot Title
AN INITIATIVE TO AMEND THE
CITY OF POWAY GENERAL PLAN TO ADD THE STONERIDGE OVERLAY ZONE,
AND TO AMEND THE ZONING AND GENERAL PLAN LAND USE MAP
OF THE CITY OF POWAY TO REDESIGNATE A PORTION OF
THE STONERIDGE COUNTRY CLUB FROM OPEN SPACE -RECREATION TO
RESIDENTIAL CONDOMINIUM WITH THE STONERIDGE OVERLAY ZONE
Summary
The purpose of the proposed initiative is to allow the development of not more than 25 acres of a
portion of the existing Stoneridge Country Club into not more than 180 residential condominium units
for residents over the age of 55.
The proposed measure would (1) amend the Community Development Element of the City of Poway
General Plan to establish and define a Stoneridge Overlay (SO); (2) amend the Public Facilities Element
of the City of Poway General Plan to modify the description of the "StoneRidge Country Club" by (a)
eliminating references to the facility as a 117 acre private country club, (b) eliminating the swim and
tennis facility elements of the country club; and (c) eliminating references to the country club as a site
for an LPGA event; (3) amend Table IV -2 (captioned, "Private Recreational Facilities") of the Public
Facilities Element of the City of Poway General Plan to recognize the potential reduction in the country
club's acreage consistent with the initiative; and (4) modify the land use categories for the country club
by amending the Zoning & General Plan Land Use Map of the City of Poway to change the designation of
the approximately southern one-half of Stonerldge Country Club from Open Space -Recreation (OS -R) to
Residential Condominium (RC) subject to the limitations of the proposed Stoneridge Overlay.
Voter approval for the proposed change in zoning from Open Space -Recreation (OS -R) to Residential
Condominium (RC) is required by section 17.23.120 of the Poway Municipal Code, commonly known as
Proposition FF.
5 of 22 Attachment B July 18, 2017 Item # 4.2
City Clerk's Office
MAY 01 2017
CITY OF POWAY
INITIATIVE MEASURE TO BE SUBNHTTED DIRECTLY TO THE VOTERS
The people of the City of Poway do ordain as follows:
Section L Title.
This initiative measure shall be known as the "Poway Open Space and Recreation
Preservation Initiative" (the "Initiative").
Section 2. Findings and Purpose.
A. Findings. The people of the City of Poway find and declare the following:
1. The property that is the subject of this Initiative is the portion of the
existing country club generally located in the north Poway area on Espola
Road between Valle Verde Road and Cloudcroft Drive as indicated in
Exhibit A hereto (the "Property").
2. The City's current General Plan category designation for the Property is
Open Space Recreation (OS -R) and the zoning category for the Property is
Open Space Recreation zone (OS -R), which together currently allow for
low -intensity active -recreational and ancillary commercial uses which
could be compatible with residential land uses.
The existing golf course, clubhouse, and open space uses on the Property
can be supported, maintained, and enhanced by allowing a limited number
of residential condominiums and amenities for residents over the age of
55, subject to state and federal law. The best use of the Property, for the
maximum use of all Poway residents, is to allow a limited number of
residences and ancillary uses on the Property, which will complement the
golf course, clubhouse, and voter -protected open space.
4. This initiative therefore amends the City of Poway General Plan and the
official zoning map of the City of Poway, as referenced in Section
17.06.020 of the Poway Municipal Code and reflected on the City's
"Zoning & General Plan Land Use Map," to change the Property's
General PIan and zoning category designations from Open Space
Recreation (OS -R) to Residential Condominium (RC), and to attach a new
Stoneridge Overlay (SO) General Plan designation to the Property, which
collectively will allow for the above-described uses and require voter
approval to change them in the future.
B. P=ose. The purpose of this Initiative is to change the Property's General Plan
and zoning category designations from Open Space Recreation (OS -R) to
Residential Condominium (RC), and to attach a new Stoneridge Overlay (SO)
designation to the Property in order to support, maintain, and enhance the existing
golf course and clubhouse by allowing for limited residential housing and
amenities for residents over the age of 55, which will promote the unique
character of the City of Poway and the neighborhood surrounding the Property by
preserving the natural beauty of the area and enhancing the quality of life for
Poway residents.
Section 3. City of Poway General Plan and Zoning Amendments.
The voters hereby amend the Community Development Element of the City of Poway
General Plan to add a new Stoneridge Overlay (SO) designation on Page 13, as follows
(new language to be inserted into the General Plan is shown in underlined text):
STONERIDGE OVERLAY (SO):
The Stoneridge Overla category is established to allow for the
Preservation and enhancement of the unique character of the golf
course and clubhouse's active g4olf green space, and ancillary
commercial uses, and for the development of no more than 180
6 of 22 Attachment C July 18, 2017 Item # 4.2
units of compatible residential development for residents over the
age of 55, subiect to state and federal law. Within the Stoneridge
Overlay zone, a maximum of 25 acres can be developed for
residential and ancillary/supportive uses.
The voters hereby amend the subsection, titled "Private Sports Facilities," on Page 7 of
the Public Facilities Element of the City of Poway General Plan, as follows (language to
be deleted is shown in see , and new language to be inserted into the General Plan is
shown in underlined text):
Private Sports Facilities
Several privately operated facilities exist within the community. These include
the following:
StoneRdge Country Club
This 1 'tee facili is located in the north Poway area on
Espola Road between Valle Verde Road and Cloudcroft Drive. The facility
includes a clubhouse, swifn and temiis farsilities and an 18 -hole championship golf
course ..t,.e has L..,e +L.e site of the a PG A's in i !' l !98-9.
iuvxx uuu veva
The voters hereby amend Table IV -2, titled "Private Recreational Facilities," on Page 8
of the Public Facilities Element of the City of Poway General Plan, as set forth in Exhibit
B hereto.
The voters hereby revise the land use categories for the Property by amending the
"Zoning & General Plan Land Use Map" of the City of Poway as follows:
The "Zoning & General Plan Land Use Map" is hereby amended to (1) re-
designate the Property's General Plan and zoning categories from Open Space -
Recreation (OS -R) to Residential Condominium (RC), and (2) to attach the
Stoneridge Overlay (SO) designation to the Property, as set forth in Exhibit C
hereto.
Section 4. Implementation of this Initiative.
A. Upon the effective date of this Initiative, the City is directed to promptly take all
appropriate actions needed to implement this Initiative, including but not limited
to taking any administrative steps necessary to update any and all City maps,
figures, and any other documents maintained by the City so they conform to the
legislative policies set forth in this Initiative. This Initiative is considered adopted
and effective upon the earliest date legally possible after the Elections Official
certifies the vote on the Initiative by the voters of the City of Poway.
B. Upon the effective date of this initiative, the General Plan provisions of Section 3
of this Initiative are hereby inserted into the General Plan; except that if the four
amendments of the General Plan permitted by state law for any calendar year
have already been utilized in the year in which this Initiative becomes effective,
the General Plan amendments set forth in this Initiative shall be the first
amendments inserted into the General Plan on January 1 of the next year.
C. The General Plan in effect on the date of filing of the Notice of intent to Circulate
this Initiative ("Filing Date"), and the General Plan as amended by this Initiative,
comprise an integrated, internally consistent and compatible statement of policies
for the City. To ensure that the City's General Plan remains an integrated,
internally consistent and compatible statement of policies for the City, any
provision of the General Plan that is adopted between the Filing Date and the
effective date of the General Plan amendments adopted by this initiative shall, to
the extent that such interim -enacted provision is inconsistent with the General
Plan amendments adopted by this Initiative, be amended as soon as possible and
in the manner and time required by state law to ensure consistency between the
provisions adopted by this Initiative and other elements of the General Plan.
2
7 of 22 July 18, 2017 Item # 4.2
Section 5. Effect of Other Measures on the Same Ballot.
In approving this Initiative, it is the voters' intent to create a comprehensive regulatory
plan to govern the future use and development of the Property. To ensure that this intent
is not frustrated, this Initiative is presented to the voters as an alternative to, and with the
express intent that it will compete with, any and all voter initiatives or City -sponsored
measures placed on the same ballot as this Initiative and which, if approved, would
regulate the use or development of the Property in any manner whatsoever (each, a
"Conflicting Initiative"). In the event that this Initiative and one or more Conflicting
Initiatives are adopted by the voters at the same election, then it is the voters' intent that
only the measure which receives the greatest number of affirmative votes shall control in
its entirety and said other measure or measures shall be rendered void and without any
legal effect. In no event shall this Initiative be interpreted in a manner that would permit
its operation in conjunction with the non -conflicting provisions of any Conflicting
Initiative. If this initiative is approved by the voters at the same election, and such
Conflicting Initiative is later held invalid, this Initiative shall be self-executing and given
full force of law.
Section 6. Interpretation and Severability.
A. This Initiative must be interpreted so as to be consistent with all federal and state
laws, rules, and regulations. if any section, sub -section, sentence, clause, phrase,
part or portion of this Initiative is held to be invalid or unconstitutional by a final
judgment of a court of competent jurisdiction, such decision does not affect the
validity of the remaining portions of this Initiative. The voters declare that this
Initiative, and each section, sub -section, sentence, clause, phrase, part or portion
thereof, would have been adopted or passed irrespective of the fact that any one or
more sections, sub -sections, sentences, clauses, phrases, part, or portion is found
to be invalid. If any provision of this Initiative is held invalid as applied to any
person or circumstance, such invalidity does not affect any application of this
Initiative that can be given effect without the invalid application.
B. if any portion of this Initiative is held by a court of competent jurisdiction to be
invalid, we the People of the City of Poway indicate our strong desire that: (i) the
City Council use its best efforts to sustain and re-enact that portion, and (ii) the
City Council implement this Initiative by taking all steps possible to cure any
inadequacies or deficiencies identified by the court in a manner consistent with
the express and implied intent of this Initiative, including adopting or reenacting
any such portion in a manner consistent with this Initiative.
C. This Initiative must be broadly construed in order to achieve the purposes stated
above. It is the intent of the voters that the provisions of this Initiative be
interpreted or implemented by the City and others in a manner that facilitates the
purpose set forth in this Initiative.
Section 7. Amendment or Repeal.
The provisions of this Initiative and the amendments that it adopts can be amended or
repealed only by a majority of the voters of the City of Poway voting in an election held
in accordance with state law.
Section 8. Exhibit List.
The following exhibits are attached to this Initiative and incorporated herein:
Exhibit A Depiction of the Property subject to this Initiative
Exhibit B Amendments to the City of Poway General Plan Public Facilities
Element Table N-2, titled "Private Recreational Facilities"
Exhibit C Amendments to the City of Poway "Zoning & General Plan Land
Use Map"
3
8 of 22 July 18, 2017 Item # 4.2
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
EXHIBIT A
TO THE INITIATIVE
DEPICTION OF THE PROPERTY SUBJECT TO THE
INITIATIVE
9 of 22 July 18, 2017 Item # 4.2
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
DEPICTION OF THE PROPERTY SUBJECT TO THE INITIATIVE
The Property that is the subject of this Initiative, which is a portion of the existing country
club, is the area shaded in yellow, below.
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PROPERTY
SUBJECT TO
INITIATIVE
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EXHIBIT A
10 of 22 July 18, 2017 Item # 4.2
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
EXHIBIT B
TO THE INITIATIVE
AMENDMENTS TO THE CITY OF POWAY GENERAL PLAN
PUBLIC FACILITIES ELEMENT TABLE IV -2, TITLED
"PRIVATE RECREATIONAL FACILITIES"
11 of 22 July 18, 2017 Item # 4.2
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
AMENDMENTS TO THE CITY OF POWAY GENERAL PLAN PUBLIC FACILITIES
ELEMENT TABLE IV -2, TITLED "PRIVATE RECREATIONAL FACILITIES"
Table IV -2, titled "Private Recreational Facilities," on Page 8 of the Public Facilities Element of
the City of Poway General Plan, is amended by this Initiative as shown below (text to be added
is in underlined italics):
TABLE IV -2
PRIVATE RECREATIONAL FACILITIES
Restricted refers to public use access
EXHIBIT B
12 of 22 July 18, 2017 Item # 4.2
NON-
RESTRICTED
RE.STRIQTEQ
ACREAGE
Body:.Galleiry.'Fitness Ctr.
X.
0-28
Carrine-ta - ne s
X
1.40
North...-tounty -indoor/
X
4.92
Outdoor -Soccer Park
.Poinsettia Family Mobile
X
0.25
Home Park
-Poinsettia'Senior Mobile
X
0.25
Home Park
Poway 'Royal Mobile Estates
X
0.50
Poway Theater
X
Poway Valley -Riders Assoc,
X
10
Rancho -Arbolitos Swim and
X
7
Tennis Club
Stone Ridge Country Club
X
1171
Restricted refers to public use access
EXHIBIT B
12 of 22 July 18, 2017 Item # 4.2
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
EXHIBIT C
TO THE INITIATIVE
AMENDMENTS TO THE CITY OF POWAY "ZONING &
GENERAL PLAN LAND USE" MAP
13 of 22 July 18, 2017 Item # 4.2
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
CITY OF POWAY "ZONING & GENERAL PLAN LAND USE" MAP
An enlargement of the portion of the City of Poway "Zoning & General Plan Land Use" Map
pertaining to the Property that is the subject of this Initiative, as it exists as of the filing date of
this Initiative, is shown below for informational purposes only (the Property that is the subject
of this Initiative is located within the bold black circle on the map for ease of reference):
Legend
® AGC Automotive General Commercial
CB Community Business
- CG Commercial General
CN Commercial Neighborhood
CO Commencial Office
- HC Hospital Campus
MHP Mobile Home Park
MU Mixed Use
OS -R Open Space Recreation
- OS -RM Open Space Resource Management
® PC -1 Planned Community - Rancho Arbolitos Palisades
PC -2 Planned Community- Rancho Arbolitos Woodside
PC -3 Planned Community- Rancho Arbolitos Parkside
PC -4 Planned Community - Collection
PC -5 Planned Community- Chimney Rock
PC -6 Planned Community - Hidden Valley
� PC -7 Planned Community - South Poway Business Park
- PF Public Facility
PRD -1 Planned Residential Development - Bridlewcod
PRD -2 Planned Residential Development - Garden Road
PRD -3 Planned Residential Development - Vineland Hills
RA Residential Apartment
RC Residential Condo
RR -A Rural Residential A
RR -B Rural Residential B
RR -C Rural Residential C
RS -1 Residential Single Family 1
RS -2 Residential Single Family 2
RS -3 Residential Single Family 3
RS -1 Residential Single Family 4
RS -7 Residential Single Family 7
TC Town Center
EXHIBIT C-1
N
A
14 of 22 July 18, 2017 Item # 4.2
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
AMENDMENTS TO THE CITY OF POWAY "ZONING & GENERAL PLAN LAND USE" MAP
An enlargement of the portion of the City of Poway "Zoning & General Plan Land Use" Map, as
amended by this Initiative to (1) re -designate the Property's General Plan and zoning categories from
Open Space -Recreation (OS -R) to Residential Condominium (RC), and (2) attach the Stoneridge
Overlay (SO) designation to the Property, is shown below (text to be added is underlined and the
Property that is the subject of this Initiative is located within the bold black circle on the map for ease
of reference):
Legend
_ AGC Automotive General Commercial
_ CB Community Business
- CG Commercial General
CN Commercial Neighborhood
- CO CemmenClal Once
® HC Hospital Campus
MHP Mobile Home Park
MU Mixed Use
OS -R Open Space Recreation
- OS -RM Open Space Resource Management
® PC -1 Planned Community - Rancho Arboliitos Palisades
® PC -2 Planned Community- Rancho Arbolitos Woodside
PC -3 Planned Community- Rancho Arbolitos Parkside
PC -4 Planned Community - Collection
PC -5 Planned Community - Chimney Rock
PC -6 Planned Community - Hidden Valley
PC -7 Planned Community - South Poway Business Park
- PF Public Facility
PRD -1 Planned Residential Development- Bridlewood
PRD -2 Planned Residential Development - Garden Road
PRD -3 Planned Residential Development -Vineland Hills
RA Residential Apartment
RC Residential Condo
RR -A Rural Residential A
RR -B Rural Residential B
RR -C Rum[ Residential C
RS -1 Residential Single Family 1
RS -2 Residential Single Family 2
RS -3 Residential Single Family 3
RS -4 Residential Single Family 4
RS -7 Residential Single Family 7
TC Town Center
® SO Stoneridge Overlay
EXHIBIT C-2
N
'A
15 of 22 July 18, 2017 Item # 4.2
RESOLUTION NO. 17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, CALLING FOR THE HOLDING OF
A SPECIAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 7, 2017, FOR THE SUBMISSION
OF A PROPOSED ORDINANCE
WHEREAS, pursuant to the authority provided by law a petition has been filed with
the legislative body of the City of Poway, California, signed by more than fifteen percent
of the number of registered voters of the city to submit a proposed ordinance entitled
"Poway Open Space and Recreation Preservation Initiative" (the "Proposed Ordinance");
WHEREAS, the San Diego County Registrar of Voters examined the records of
registration and ascertained that the petition is signed by the requisite number of voters,
and has so certified;
WHEREAS, Ordinance No. 283 of the City Poway (adopted by the voters as
Proposition FF) ("Proposition FF") amended the City of Poway General Plan and provides
that any general plan amendment, zone change, tentative subdivision map or other
discretionary land use decision that would increase the residential density of property
designated RR -A, RR -B or RR -C, O -S, or OS -R by the City's General Plan must be
approved by an ordinance adopted by the voters of the City at a general or special
election;
WHEREAS, Proposition FF further added section 17.23.120 to the Poway
Municipal Code to prevent rezoning property located in the OS -R zone that would
increase the residential density in that zone without the approval of the voters of the City
at a general or special election;
WHEREAS, the Proposed Ordinance would increase the residential density in the
OS -R zone;
WHEREAS, the City Council has not voted in favor of the adoption of the Proposed
Ordinance; and
WHEREAS, the City Council is authorized and directed by law, including
Proposition FF, to submit the Proposed Ordinance to the voters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, DOES
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursuant to the requirements of the laws of the State of
California relating to general law cities, there is called and ordered to be held in the City
of Poway, California, on Tuesday, November 7, 2017, a Special Municipal Election for the
purpose of submitting the following question to the voters:
16 of 22 Attachment D July 18, 2017 Item # 4.2
Resolution No. 17 -
Page 2
Shall the ordinance changing the General Plan and Zoning
Land Use Map to redesignate a portion of the Stoneridge YES
Country Club from Open Space -Recreation to Residential
Condominium with the Stoneridge Overlay Zone to allow for
the development of not more than 180 residential NO
condominium units for residents over the age of 55 be
adopted?
Section 2. That the text of the Proposed Ordinance submitted to the voters is
attached as Exhibit "A."
Section 3. That the vote requirement for the measure to pass is a majority
(50 percent+1) of the votes cast.
Section 4. That the ballots to be used at the election shall be in a form and
content as required by law.
Section 5. That the polls for the election shall be open at seven o'clock a.m. on
the day of the election and shall remain open continuously from that time until eight o'clock
p.m, of the same day when the polls shall be closed, pursuant to Elections Code § 10242,
except as provided in § 14401 of the Elections Code of the State of California.
Section 6. That in all particulars not recited in this resolution, the election shall
be held and conducted as provided by law for holding municipal elections.
Section 7. That notice of the time and place of holding the election is given and
the City Clerk is authorized, instructed and directed to give further or additional notice of
the election, in time, form and manner as required by law.
Section 8. That the City Council hereby directs the City Clerk to transmit a copy
of the Proposed Ordinance to the city attorney, who shall prepare an impartial analysis of
the measure showing the effect of the measure on existing law and the operation of the
measure.
Section 9. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof this 18th day of July 2017.
Steve Vaus, Mayor
17 of 22 July 18, 2017 Item # 4.2
Resolution No. 17 -
Page 3
ATTEST:
Nancy Neufeld, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, CMC, City Clerk of the City of Poway, California, do hereby
certify under penalty of perjury that the foregoing Resolution No. 17- was duly adopted
by the City Council at a meeting of said City Council on the 18th day of July 2017, and
that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Nancy Neufeld, CMC, City Clerk
City of Poway
18 of 22 July 18, 2017 Item # 4.2
RESOLUTION NO. 17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN DIEGO TO
RENDER SPECIFIED SERVICES TO THE CITY RELATING
TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 7, 2017
WHEREAS, a Special Municipal Election is to be held in the City of Poway,
California, on Tuesday, November 7, 2017; for the purpose of submitting a proposed
ordinance entitled "Poway Open Space and Recreation Preservation Initiative"; and
WHEREAS, in the course of conduct of the election it is necessary for the City to
request and authorize the services of the San Diego County Registrar of Voters to conduct
the Special Municipal Election and canvass the returns of said election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, DOES
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursuant to the requirements of § 10002 of the Elections Code
of the State of California, this City Council requests the Board of Supervisors of the
County of San Diego to permit the Registrar of Voters to conduct a Special Municipal
Election in the City of Poway.
Section 2. That the Registrar of Voters Office of the County of San Diego is
authorized to canvass the returns of the Special Municipal Election.
Section 3. That the Board of Supervisors is requested to issue instructions to
the Registrar of Voters Office to take any and all steps necessary for the holding of the
Special Municipal Election.
Section 4. That the City Clerk is hereby directed to file a certified copy of this
resolution with the Board of Supervisors and the Registrar of Voters Office of the County
of San Diego.
Section 5. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof this 18th day of July 2017.
Steve Vaus, Mayor
19 of 22 Attachment E July 18, 2017 Item # 4.2
Resolution No. 17 -
Page 2
ATTEST:
Nancy Neufeld, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 17- was duly adopted by
the City Council at a meeting of said City Council held on the 18th day of July 2017, and
that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Nancy Neufeld, CMC, City Clerk
City of Poway
20 of 22 July 18, 2017 Item # 4.2
RESOLUTION NO, 17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, PROVIDING FOR THE FILING OF
REBUTTAL ARGUMENTS FOR CITY MEASURES
SUBMITTED AT MUNICIPAL ELECTIONS
WHEREAS, A Special Municipal Election is to be held in the City of Poway,
California on Tuesday, November 7, 2017;
WHEREAS, § 9282 of the Elections Code of the State of California provides for
written arguments to be filed in favor of or against city measures not to exceed 300 words
in length;
WHEREAS, § 9285 of the Elections Code of the State of California authorizes the
City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal
arguments for city measures submitted at municipal elections, and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, DOES
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursuant to § 9285 of the Elections Code of the State of
California, when the City Clerk has selected the arguments for and against the measure
(not exceeding 300 words each) which will be printed and distributed to the voters, the
City Clerk shall send copies of the argument in favor of the measure to the authors of any
argument against the measure, and copies of the argument against to the authors of any
argument in favor immediately upon receiving the arguments.
The author or a majority of the authors of an argument may prepare and submit
rebuttal arguments not exceeding 250 words or may authorize, in writing, any other
person or persons to prepare, submit, or sign the rebuttal argument.
A rebuttal argument may not be signed by more than five individuals.
The rebuttal arguments shall be filed with the City Clerk, signed, with the printed
name(s) and signature(s) of the author(s) submitting it, or, if submitted on behalf of an
organization, the name of the organization and the printed name and signature of at least
one of its principal officers, not more than 10 days after the final date for filing direct
arguments. The rebuttal arguments shall be accompanied by the Form of Statement to
Be Filed by Author(s) as supplied by the City Clerk.
Rebuttal arguments shall be printed in the same manner as the direct arguments.
Each rebuttal argument shall immediately follow the direct argument which it seeks to
rebut.
Section 2. That the provisions of Section 1 shall apply only to the Special
Municipal Election to be held on Tuesday, November 7, 2017 and shall then be repealed.
21 of 22 Attachment F July 18, 2017 Item # 4.2
Resolution No. 17 -
Page 2
Section 3. The City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original Resolutions.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 18th day of July 2017.
Steve Vaus, Mayor
ATTEST:
Nancy Neufeld, CMC, City Clerk
STATE OF CALIFORNIA)
) SS
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, CMC, City Clerk of the City of Poway, California, do hereby
certify under penalty of perjury that the foregoing Resolution No. 17- was duly adopted
by the City Council at a meeting of said City Council held on the 18th day of July 2017,
and that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Nancy Neufeld, CMC, City Clerk
City of Poway
22 of 22 July 98, 2017 Item # 4.2