Item 21 - Placing The Farm in Poway Project on November 3, 2020 Election Staff ReportDATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway June 16, 2020 Honorable Mayor and Members of the City Council Alan Fenstermacher, City Attorney Faviola Medina, City Clerk ~ Alan Fenstermacher, City Attorney afenstermacher@poway.org Faviola Medina, City Clerk fmedina@poway.org CITY COUNCIL Consideration of Placing a Measure on the November 3, 2020 General Municipal Election Ballot which would amend the General Plan and Zoning Code to allow development of up to 160 dwelling units and at least 70.4 acres of permanent open space on approximately 117.2 acres through The Farm in Poway Specific Plan at the former StoneRidge Country Club; Direct the City Attorney to Prepare an Impartial Analysis; Adopt Resolutions Authorizing the City Council to file Written Arguments; and Provide for Filing of Rebuttal Arguments The City of Poway is scheduled to conduct the General Municipal Election on November 3, 2020, for the purpose of electing one Councilmember from District No. 2 and one Council member from District No. 4. Resolutions to commence the election process in conformance with the State of California' s election laws are being considered for adoption at this same June 16, 2020 meeting (see Consent Calendar Item No. 3). The Farm in Poway LLC ("Applicant") has submitted an application to amend the General Plan and Zoning Code, adopt the Farm at Poway Specific Plan, approve a Tentative Tract Map, Development Review, Conditional Use Permit, and certify an Environmental Impact Report (EIR) to allow development of up to 160 dwelling units and at least 70.4 acres of permanent open space including community, recreational and agricultural amenities on approximately 117.2 acres, at the location of the former StoneRidge Country Club ("Project"). In the event that the City Council approves the Project (see Public Hearing Item No. 19), the General Plan and Zoning Code amendments, Specific Plan and associated entitlements will not be effective without voter approval, which will need to be placed on the ballot for the November 3, 2020 General Municipal Election, as required by Ordinance No. 283, more commonly referred to as Proposition FF. The EIR will remain certified without voter approval. 1 of 24 June 16, 2020, Item #21
Recommended Action: It is recommended that the City Council adopt the attached resolutions (Attachments A through C) to order the placement of a measure on the ballot for the November 3, 2020 General Municipal Election to obtain voter approval of the Project; to authorize Councilmembers to file, and to establish priorities for filing written arguments; to direct the City Attorney to prepare an impartial analysis; to approve the filing of rebuttal arguments; and authorize the use of appropriated funds for this expenditure already included in the proposed FY 2020-21 Budget for the General Municipal Election. Discussion: The City of Poway is a general law city. General Municipal Elections are governed by the California Government and Elections Codes. In addition, Proposition FF, adopted by the voters of the City of Poway on November 8, 1988, requires voter approval of land use changes to certain property. Here, Proposition FF is triggered by the Project's proposed General Plan and Zoning Code amendments which allows the adoption of a Specific Plan that increases the residential density and non-residential intensity of the project area. In accordance with Proposition FF, Section 3(C), "[i]n the event that the City Council approves a change, amendment, subdivision map, or other land use decision which must, by the terms of this Ordinance, be adopted by the voters of the City in order to become effective, the City Council shall set such matter to election by placing it on the ballot as a Council sponsored measure. No initiative petition shall be required to be filed by the proponent of such measure." Proposition FF, Section 3(E) further states that "[t]he City Council shall set any election required by this Ordinance to the next available general municipal election at no cost to the proponent of the land use change requiring the election." According to the San Diego County Registrar of Voters Office, the total estimated cost projection of placing a ballot measure in addition to the candidate seats on the November 3, 2020 General Municipal Election would be $96,600. The Registrar of Voters assigns election costs in a consolidated election through the use of a weighted average method. This attributes costs to each jurisdiction based on the number of contests; the number of registered voters; and the number of sample ballot pages. The number of participating jurisdictions and number of contests will be known after August 7, 2020. The actual costs are likely to vary depending on how many jurisdictions participate. The figures provided are a projection based on past elections that were similar in size and scope. If the Project is approved by the City Council, the City Council is required to take certain actions with respect to placing the Project before the voters, setting the priorities for filing written arguments, directing the City Attorney to prepare an impartial analysis, and providing for the filing of rebuttal arguments for the ballot measure. Under consideration would be the following questions: Does the City Council wish to allow its members to submit an argument in favor or against the measure? The law allows the City Council to authorize Councilmembers to author arguments in favor of, or against, the measure. It is not necessary to identify which Councilmembers will make such arguments, and it is not necessary that Council members should be limited to one side or the other of the measure. Does the City Council wish to allow rebuttals to the arguments in favor of or against the measure? 2 of24 June 16, 2020, Item #21
Whether Councilmembers are authorized to file written arguments, the City Council must also consider if rebuttal arguments are to be allowed. If so, staff recommends the Council authorize the same individual or group writing the argument in favor of or against the measure, also be authorized to write the rebuttal. Arguments are not to exceed 300 words in length and rebuttals may not exceed 250 words in length (Elections Code §§ 9282, 9285). Arguments and rebuttals may not be signed by more than five persons. Members of the public are able to file a written argument for or against pursuant to (Elections Code §§ 9282 et seq.) Since the City will be consolidating the election with San Diego County Registrar of Voters for the statewide General Election, the deadlines for the submittal of arguments and rebuttals will be the same deadlines as set by the Registrar of Voters and Elections Code as follows: August 13 Arguments in favor of OR against a ballot measure are due at the City Clerk's Office August 14 City Attorney Impartial Analysis is due at the City Clerk's Office August 14-24 Examination Period for Impartial Analysis and All Arguments Filed August 18 Rebuttal arguments due at the City Clerk's Office. Environmental Review: The act of placing a measure on the ballot, itself, is not subject to CEQA review. However, as discussed in detail in Public Hearing Item No. 19, all of the potential impacts of the Project have been disclosed and analyzed in The Farm in Poway Environmental Impact Report ("EIR") prepared by the City. After implementation of the mitigation measures imposed therein, the EIR has concluded that the Project will not result in any significant impacts on the environment. Fiscal Impact: Where, as here, the City Council approves a project that must be ultimately adopted by the voters of the City of Poway, Proposition FF states " City Council shall set any election required by this Ordinance to the next available general municipal election at no cost to the proponent of the land use change requiring the election." Although the actual costs of the election are likely to vary depending on how many jurisdictions participate, the estimated cost projection of the election is $96,600. This cost includes the two candidate seats and if approved by Council, the Farm ballot measure. The appropriation of funds for this expenditure is included in the proposed FY 2020-21 Budget (account 101010-49100). Public Notification: None. 3 of24 June 16, 2020, Item #21
Attachments: A. Resolution Submitting Measure to be Voted Upon at the 2020 General Municipal Election B. Resolution Setting Priorities for Written Arguments and Directing the City Attorney to Prepare an Impartial Analysis C. Resolution Providing for the Filing of Rebuttal Arguments Reviewed/ Approved By: W~Kaserman Assistant City Manager 4of24 Reviewed By: ~1vf;;/t;:. Alan Fenstermacher City Attorney Approved By: Ch~ City Manager June 16, 2020, Item #21
RESOLUTION NO. 20-__
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 communityserving 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 YES
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 NO approximately 117 .2 acres at 17166 Stone ridge Country Club Lane in the City of Poway?"
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.
5 of 24 ATTACHMENT A June 16, 2020, Item #21
Resolution No. 20-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: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 6 of 24 July 16, 2020, Item #21
Exhibit A 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, 7 of24 June 16, 2020, Item #21
Resolution No. 20-Page 2 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 111-2 on Page 9 of the General Plan Community Development Element shall be amended as follows: 8 of24 June 16, 2020, Item #21
9 of24 TABLE IL~2· 0 . mtBU :oF . · .... ," I D -SE Resolution No. 20-Page 3 .CATEGORY. ACllE i I, -' ·ENT ACRES PERCENT fl R RR-A 7,483 29.8 RR·A li!Qj} RR■a·· .. l . 19-$:~3. RRaC 3~207 12.8· :SU --OTAL ~.1. 10 po S-i 33 . j-~ 431 L7 3_ p RS-3 64 ·0.3-RS4 .583 2.3 ~ 1~3\5 5.2 RR-A 54.2' 34➔8 PRO. 723 2.9 H. 99 o.,· 2 .C 143 .0.(,. A 81 0.3 s 'TOTAL 1~ 100-09 79 0.3 G o: OTA -2~ eo1 1 0 0 . 0 C 3. CG 2 7 0.9· oc 109 0.4. ~ MS: 36 . 0~2· Oo~n Soac · OS 50 02 0~ 41$ L6 OS.fiM .2598 10.9 271 Lt 3J632 ; 14,S .9 mi ·Qgrl[idoc:i Ull u I u· .S lJ . DMENTS ROU GPA 96-02A · e , . -June 16, 2020, Item #21
Resolution No. 20-Page 4 SECTION 6: Page 13 of the General Plan Community Development Element shall be amended as follows: PQWAY CQMPBEHE;NS(VE PLAN· GENE;RAL PLAN parcel-specific issues can be addressed with creative solutions. The_re These areas are currently designated Planned Community~.,. They are Rancho Arbolitos, South Poway. The Farm in Poway. and Old Coach. Rancho Arbolitos includes only single-family homes. The Old Coach area has been approved for estate single-family homes and a 27-hole golf course with club house. The distribution of land uses in South Poway is shown on Figure 111-1 . Publlc Facl.lltles Public Facilities (PF): The Public Facilities designation is intended for lands containing privately and publicly owned facilities serving the needs of the general community. These include the schools school district headquarters, fire stations: water treatment facility, City Hall and other similar uses. (Amended per GPA 93-01 A) overlays AFFORDABLE HOUSING OVERLAY DESIGNATION (AH): In order to provide for adequate affordable housing sites in the community, the AH overlay designation is established and may be attached to property within any land use category, including non-residential categories, but not including the Open Space Resource-Management category. There are tvvo types of Affordable Housing Overlay designations: Affordable Housing Overlay for Lower Income Households (AH-L) and Affordable Housing Overlay for Moderate Income Households (AH-M). A specific plan must be prepared for each area carrying the AH-M designator for moderate income housing. These Specific Plans shall allow residential development at residential densities up to 30 dwelling units per acre and must specify the income group or groups being targeted by each allowed density. The specific plan must also include conditions under which the parcel may be developed at the higher densities, including guarantees of affordability to the specified income categories and any design criteria necessary to ensure compatibility with surrounding development. For properties carrying all AH-L designator for lower income housing, densities up to 30 dwelling units per acre shall be allowed. A Specific Plan or conditional use permit shall not be required, but the project shall comply with the AH-L development standards contained in the Development Code. Properties carrying the AH designator may be developed either according to the underlying zoning or, as affordable housing according to the criteria set out in either the specific plan in the case of properties designated AH-M or the Development Code in the case of properties designated AH-L. Development at the higher density may only occur after the specific plan is adopted. PROMINENT RIDGELINE (PR): This overlay is established for the protection of ridgelines with special significance to the community. Development is not permitted on these areas. COMA1UNITY DEVELOPMENT-13 INCLUDES ADMENDMENTS THROUGH GPA 00--0-1-19-001 10 of 24 June 16, 2020, Item #21
follows: 11 of 24 Resolution No. 20-Page 5 SECTION 7: Page 7 of the General Plan Public Facilities Element shall be amended as SPORTS FACIILIITIES T e Ci • · wi.h t e Po·~, ,, . · . ,., 1d s· PRIVATE SPORTS FACIUHES rivat ·' · ra o T .., .. Slon . :h:lg Tl y Rancho Arboi:ito s Swim and Tennis Club al R o n ·,1 T c corr P North County Socc:e r P ar1k 4.8 acre park, e si f I i y d r • .e i: ti' ·ers es, _ e :acili · · cat , · ,' Pea .s i Po·.\•ay. r ig ted ar 1 rt pu Poway VaHey Ri:ders Associat1ion -ou ',•re~ e ca+P JOIHT USE FACILITIES s ~-~ · ~ rue t atd June 16, 2020, Item #21
follows: 12 of 24 Resolution No. 20-Page 6 SECTION 8: Page 8 of the General Plan Public Facilities Element shall be amended as TABLE IV-2 !PRIVATE RECREAT1IONAL FAC:ILITIIES 8 y -iaJl~r:,' Fit eS>s ... tr. Car· Nort do d p -ark -. ii3'{ -As"'o·c. in a I.IIRlP,:' C Uli' X X Restri,cted refers to public use access X [Lo '1.40. 4.92 0-25 D .. 25 0.5 7 LC. .J..i.l • .Se.= T1• e Fatm n r;:. ;::. ,.,-,□,;t t;e,~a .-.naJ am.:.n;, .:.:;, ,;; ,,i,··i:-. ~ . .,,;,,.;::. , -; ;fl,=-ouf:,"•-; Twin Peaks ultipurpose Center ·x y e .. or _ eted · Meadowbrook u~tipurpose Center P au·--FACtUT1ES -8 June 16, 2020, Item #21
Resolution No. 20-Page 7 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. 13 of 24 June 16, 2020, Item #21
Resolution No. 20-Page 8 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 14 of 24 June 16, 2020, Item #21
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 15 of 24 June 16, 2020, Item #21
Ordinance No. 20-Page 2 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 (OR) 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 16 of 24 June 16, 2020, Item #21
Ordinance No. 20-Page 3 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 17 of 24 June 16, 2020, Item #21
Ordinance No. 20-Page 4 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 18 of 24 June 16, 2020, Item #21
Exhibit A Existing Zon·ng and Land Use 19 of 24 Ordinance No. 20-Page 5 PC-C -1 Map Scale t·rn.□Si;i June 16, 2020, Item #21
Exhibit B
RR-A
RR-C OS-RM
RC
Ir . 'r
PRD-3 RS 4 PC-9
RR-C
Proposed Zoning and Land Use
20 of 24
Ordinance No. 20-
Page 6
PC-4
PC-6
RR-8
PRD-1
June 16, 2020, Item #21
RESOLUTION NO. 20-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE
PERTAINING TO THE FARM IN POWAY SPECIFIC PLAN
PROJECT AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
WHEREAS, a General Municipal Election is to be held in the City of Poway, California, on November 3, 2020, at which there will be submitted to the voters the following measure:
"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 YES
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 NO approximately 117.2 acres at 17166 Stoneridge Country
Club Lane in the City of Poway?"
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The City Council authorizes its members to file written arguments, not to exceed 300 words, in favor of or against the Measure described above. All written arguments
filed by any person in favor of or against the Measure shall be accompanied by the printed names and signatures of the persons submitting the arguments in accordance with Article 4, Chapter 3,
Division 9 of the Elections Code of the State of California. The arguments may be changed or
withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk.
The 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 who
is the author of the argument. The arguments shall be accompanied by the Form of Statement to be Filed by Author(s) of Argument.
SECTION 2: That the City Council directs the City Clerk to transmit a copy of the
measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words, showing the effect of the measure on the existing law and the operation
of the measure. If the measure affects the organization or salaries of the office of the City
Attorney, the City Clerk shall prepare the impartial analysis. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the
requisite number of voters or by the governing body of the City. In the event the entire text of the
measure is not printed on the ballot, or in the voter information portion of the sample ballot, there shall be printed immediately below:
21 of 24 ATTACHMENT B June 16, 2020, Item #21
Resolution No. 20-
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"The above statement is an impartial analysis of Ordinance or Measure __ . If
you desire a copy of the ordinance or measure, please call the elections official's office at (insert telephone number) and a copy will be mailed at no cost to you.''
SECTION 3: 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:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Faviola Medina, CMC, City Clerk
22 of 24 June 16, 2020, Item #21
RESOLUTION NO. 20-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, SETTING PRIORITIES FOR FILING OF REBUTTAL ARGUMENTS REGARDING A CITY MEASURE
PERTAINING TO THE FARM IN POWAY SPECIFIC PLAN PROJECT THAT WILL BE SUBMITTED AT THE NOVEMBER 3,
2020 GENERAL MUNICIPAL ELECTION
WHEREAS, Section 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 to
City measures submitted at municipal elections;
WHEREAS, a General Municipal Election is to be held in the City of Poway, California, on November 3, 2020, at which there will be submitted to the voters the following measure:
"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 YES
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 NO approximately 117.2 acres at 17166 Stoneridge Country Club Lane in the City of Poway?"
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: That pursuant to Section 9285 of the Elections Code of the State of
California, when the elections official has selected the arguments for and against the measure
which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a
copy of an argument against the measure to the authors of any argument in favor of the measure
immediately upon receiving the arguments.
The author or a majority of the authors of an argument relating to a City measure may
prepare and submit a rebuttal argument 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 authors.
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) of Argument.
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.
23 of 24 ATTACHMENT C June 16, 2020, Item #21
Resolution No. 20-
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SECTION 2: That the provisions of Section 1 shall apply only to the election to be held
on November 3, 2020, and shall then be repealed.
SECTION 3: That the City Clerk shall certify to the passage and adoption of this Resolution.
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
24 of 24 June 16, 2020, Item #21