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Res 20-056RESOLUTION NO. 20-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF POWAY A CERTAIN MEASURE RELATING TO THE FARM IN POWAY SPECIFIC PLAN PROJECT ON THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020 WHEREAS, concurrently with this Resolution, the City Council has called a General Municipal Election on Tuesday, November 3, 2020 by Resolution No. 20-036, adopted on June 16, 2020 for the purpose of electing one Councilmember from District 2 and one Councilmember from District 4 for the full term of four years; and WHEREAS, the City Council also desires to submit to the voters at the election a question relating to the Farm in Poway Specific Plan, which would allow development of a maximum of 160 residential units and at least 70.4 acres of permanent open space including community - serving recreational and agricultural amenities on 117 acres at 17166 Stoneridge Country Club Lane. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: "Do you approve The Farm in Poway Specific Plan as adopted by the Poway City Council to amend the General Plan and Zoning Code to allow development of a master -planned sustainable community with a maximum of 160 homes and at least 70.4 acres of permanent open space including community -serving recreational and agricultural amenities, on approximately 117.2 acres at 17166 Stoneridge Country Club Lane in the City of Poway?" YES NO SECTION 2: That the proposed measure submitted to the voters is attached hereto 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 the form and content as required by law, and in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 5: That the City Clerk is authorized, instructed and directed to coordinate with the County of San Diego Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Resolution No. 20-056 Page 2 SECTION 6: 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 the time, form and manner as required by law. SECTION 7: The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. SECTION 8: 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 at a Regular Meeting of the City Council of the City of Poway, California on the 16th day of June, 2020 by the following vote, to wit: AYES: MULLIN, LEONARD, GROSCH, FRANK, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Steve Vaus, Mayor Faviola Medina, CMC, City Clerk RESOLUTION NO. 20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING THE CITY’S GENERAL PLAN FOR THE FARM IN POWAY SPECIFIC PLAN (SPP) 18-001 (GENERAL PLAN AMENDMENT (GPA) 19-001); ASSESSOR’S PARCEL NUMBERS 273-110-07-00, 273-110-08-00 AND 273- 110-18-00 WHEREAS, The Farm in Poway Specific Plan contains definitions, a land use plan, development standards and design guidelines that sets the policy framework to guide development; WHEREAS, The Farm in Poway Specific Plan requires that the City also amend the City’s General Plan and Zoning Ordinance, including the General Plan Land Use Map and Zoning Map; WHEREAS, The Farm in Poway Specific Plan will contain the zoning and land use designations, development standards and design guidelines for future development within the Specific Plan area; WHEREAS, the proposed amendments ensure consistency between The Farm in Poway Specific Plan and the City’s General Plan; WHEREAS, on June 16, 2020, the City Council of the City of Poway also considered approval of The Farm in Poway Specific Plan (SPP) 18-001 and associated entitlements Zone Change (ZC) 19-001, Zoning Ordinance Amendment (ZOA) 20-001, Tentative Tract Map (TTM) 19-002, Development Review (DR) 19-001, and Conditional Use Permit Application (CUP) 19- 005 as well as the certification of a Final Environmental Impact Report (FEIR) (EA 19-001), a request to adopt a specific plan, subdivide 117 acres of land, and construct 160 homes with recreational, agricultural, and commercial amenities and amending the General Plan as indicated herein and the land use designations as indicated in the Specific Plan at the decommissioned StoneRidge Country Club; WHEREAS, section 65350, et seq., of the California Government Code describes the procedures for amending General Plans; WHEREAS, on June 16, 2020, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The above recitals are true and correct. SECTION 2: A Final Environmental Impact Report (FEIR) (EA 19-001) was prepared for The Farm in Poway Specific Plan (SPP) 18-001 and associated entitlements Zone Change (ZC) 19-001, Zoning Ordinance Amendment (ZOA) 20-001, General Plan Amendment (GPA) 19-001, Resolution No. 20-056 Page 3Exhibit A Tentative Tract Map (TTM) 19-002, Development Review (DR) 19-001, and Conditional Use Permit Application (CUP) 19-005. The City Council certified the FEIR at a duly noticed public hearing on June 16, 2020. This General Plan amendment is made in furtherance of, and consistent with, SPP 18-001 and is a required entitlement to allow development of The Farm in Poway project, as specifically analyzed in the FEIR. Approval of GPA 19-001 is part of the City Council’s June 16, 2020 approval of the entire The Farm in Poway project. SECTION 3: The City Council finds that this General Plan amendment is consistent with SPP 18-001, ZOA 20-001, and the corresponding ZC 19-001, and would maintain land use compatibility with the surrounding properties. SECTION 4: The City Council hereby approves GPA 19-001, amending certain sections of the City’s General Plan as specified below, subject to its adoption by City of Poway voters at the November 2020 General Election. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 5: Table III-2 on Page 9 of the General Plan Community Development Element shall be amended as follows: Resolution No. 20-056 Page 4 Resolution No. 20-056 Page 5 SECTION 6: Page 13 of the General Plan Community Development Element shall be amended as follows: Resolution No. 20-056 Page 6 SECTION 7: Page 7 of the General Plan Public Facilities Element shall be amended as follows: Resolution No. 20-056 Page 7 SECTION 8: Page 8 of the General Plan Public Facilities Element shall be amended as follows: Resolution No. 20-056 Page 8 SECTION 9: The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the “Claims” against the City or its agents, officers, or employees, relating to the issuance of any aspect of the project approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to SPP 18-001, ZC 19- 001, ZOA20-001, GPA 19-001, TTM 19-002, DR 19-001, and CUP 19-005) and any environmental document or decision made pursuant to CEQA (EA 19-001), and any portion of the ballot materials, ballot question, impartial analysis, arguments and rebuttals in favor of the project, and any other challenge related in any way to the November 3, 2020 ballot measure concerning The Farm in Poway project approved by this resolution. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation-related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. SECTION 10: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this resolution or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Resolution No. 20-056 Page 9 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 16th day of June, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: ______________________________ Steve Vaus, Mayor ATTEST: ________________________________ Faviola Medina, CMC, City Clerk Resolution No. 20-056 Page 10 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING THE CITY’S ZONING AND GENERAL PLAN LAND USE MAP, CHANGING THE ZONING AND GENERAL PLAN LAND USE DESIGNATIONS FROM OPEN SPACE-RECREATION (OS-R) TO THE FARM IN POWAY PLANNED COMMUNITY (PC-9) WITH RELATED AMENDMENTS TO THE POWAY MUNICIPAL CODE FOR THE FARM IN POWAY SPECIFIC PLAN (SPP) 18-001 (ZONE CHANGE 19-001 AND ZONING ORDINANCE AMENDMENT 20-001); ASSESSOR’S PARCEL NUMBERS 273-110-07-00, 273-110-08-00 AND 273- 110-18-00 WHEREAS, The Farm in Poway Specific Plan contains definitions, a land use plan, development standards and design guidelines that sets the policy framework to guide development; WHEREAS, The Farm in Poway Specific Plan requires that the City also amend the City’s General Plan and Zoning Ordinance, including the General Plan Land Use Map and Zoning Map; WHEREAS, The Farm in Poway Specific Plan will contain the zoning and land use designations, development standards and design guidelines for future development within the Specific Plan area; WHEREAS, Chapter 17.06 of Title 17 (Zoning Development Code) of the Poway Municipal Code (PMC) provides the requirements for the establishment and amendment of zoning districts; WHEREAS, Chapter 17.46 of the PMC provides the requirements for the amendments to the Zoning Development Code; WHEREAS, on June 16, 2020, the City Council of the City of Poway also considered approval of The Farm in Poway Specific Plan (SPP) 18-001 and associated entitlements General Plan Amendment (GPA) 19-001, Tentative Tract Map (TTM) 19-002, Development Review (DR) 19-001, and Conditional Use Permit Application (CUP) 19-005 as well as the certification of a Final Environmental Impact Report (FEIR) (EA 19-001), a request to adopt a specific plan, subdivide 117 acres of land, and construct 160 homes with recreational, agricultural, and commercial amenities and amending the land use designations as indicated in the Specific Plan at the decommissioned StoneRidge Country Club; WHEREAS, the City Council finds that the zoning classification of the property should also be changed to maintain consistency with the General Plan as required by Section 65860 of the California Government Code and the California Environmental Quality Act; WHEREAS, this action will establish a new The Farm in Poway Planned Community designation within Chapter 17.20 Planned Communities of the Poway Municipal Code; WHEREAS, on June 16, 2020, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; and Resolution No. 20-056 Page 11 WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The above recitals are true and correct. SECTION 2: A Final Environmental Impact Report (FEIR) (EA 19-001) was prepared for The Farm in Poway Specific Plan (SPP) 18-001 and associated entitlements Zone Change (ZC) 19-001, Zoning Ordinance Amendment (ZOA) 20-001, General Plan Amendment (GPA) 19-001, Tentative Tract Map (TTM) 19-002, Development Review (DR) 19-001, and Conditional Use Permit Application (CUP) 19-005. The City Council certified the FEIR at a duly noticed public hearing on June 16, 2020. This zone change and zoning ordinance amendment is made in furtherance of, and consistent with, SPP 18-001 and is a required entitlement to allow development of The Farm in Poway project, as specifically analyzed in the FEIR. Approval of ZC- 19-001 and ZOA 20-001 is part of the City Council’s June 16, 2020 approval of the entire The Farm in Poway project. SECTION 3: The City Council hereby approves this Ordinance, approving ZC 19-001 and ZOA 20-001, changing zoning and land use designations and amending certain sections of the City’s Municipal Code as specified below, subject to its adoption by City of Poway voters at the November 2020 General Election. The City of Poway Zoning and General Plan Land Use Map shall be amended to change the Zoning and General Plan Land Use designations for properties within the decommissioned StoneRidge Country Club as listed in Exhibit A from Open Space-Recreation (OS-R) to The Farm in Poway Planned Community (PC-9) as shown in Exhibit B. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 4: Section 17.20.030(A) of the PMC shall be amended as follows: 17.20.030 Property development standards – General requirements. A. Except as otherwise permitted herein, aA planned community zone shall include a minimum area of 300 contiguous acres, under single ownership or otherwise subject to unified planning, by persons, corporations, or other entities. Property owned by public utilities, local districts or local governments will not be counted toward the 300 acre minimum, but may be used as a connector of single ownership. SECTION 5: Section 17.20.150 of the PMC shall be added as follows: 17.20.150 The Farm in Poway Planned Community. The Farm in Poway Planned Community includes the area identified in The Farm in Poway Specific Plan which is intended to reflect the long-term vision and objectives for land use development and public improvements within and adjacent to the StoneRidge neighborhood. The Farm in Poway Planned Community includes the “Specific Plan area” as identified in The Farm in Poway Specific Plan. The Specific Plan is intended to create a master planned residential “Sustainable Community” that permanently maintains and enhances the visual and recreational Resolution No. 20-056 Page 12 qualities of the existing StoneRidge residential neighborhood. The project area encompasses approximately 117.18 acres and includes diversity of residential housing types on varying lot sizes, supported by a range of community amenities surrounded by expansive scenic landscape, recreational and agricultural uses.* * Editor’s Note: PMC 17.20.150 was added by Ordinance and was approved by the voters at a general municipal election November 3, 2020. The language added shall not be modified or rescinded without the approval of a simple majority of the City voting at a special or general election. SECTION 6: The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the “Claims” against the City or its agents, officers, or employees, relating to the issuance of any aspect of the project approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to SPP 18-001, ZC 19- 001, ZOA20-001, GPA 19-001, TTM 19-002, DR 19-001, and CUP 19-005) and any environmental document or decision made pursuant to CEQA (EA 19-001) and any portion of the ballot materials, ballot question, impartial analysis, arguments and rebuttals in favor of the project, and any other challenge related in any way to the November 3, 2020 ballot measure concerning The Farm in Poway project approved by this Ordinance. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation-related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. SECTION 7: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 8: 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 the 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 Resolution No. 20-056 Page 13 copy of this Ordinance in the Office of the City Clerk in accordance with Government Code Section 36933. INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City Poway, California, held the 16th day of June 2020, and thereafter PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of July, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: ______________________________ Steve Vaus, Mayor ATTEST: ________________________________ Faviola Medina, CMC, City Clerk Resolution No. 20-056 Page 14 Exhibit A Resolution No. 20-056 Page 15 Exhibit B Resolution No. 20-056 Page 16