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Ordinance 843ORDINANCE NO. 843 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 Ordinance No. 843 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. follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as 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 qualities of the existing StoneRidqe residential neighborhood. The project area encompasses Ordinance No. 843 Page 3 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, ZOA 20-001, 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 copy of this Ordinance in the Office of the City Clerk in accordance with Government Code Section 36933. Ordinance No. 843 Page 4 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: ATTEST: MULLIN, LEONARD, GROSCH, FRANK, VAUS NONE NONE NONE Faviola Me Ina, CMC, City Clerk Steve Vaus, Mayor Ordinance No. 843 Page 5 Exhibit A PC -4 PC -6 RR -A RR -8 PRD -1 Existing Zoning and Land Use Map Scale 1'16 056 CA:6 MN MD; 4.1 K• lJ 4 r.t 1411.11•4•1 7N413 331 • .ed ste.•1 ,t t.r. 4nsV.II•3 tr. 111* loan, hc inn n9 , Ordinance No. 843 Page 6 Exhibit B RR -C R R -A OS -RM RR -A RC O 0 O PC -4 PC -6 RR -A RR -B PRD -1 Proposed Zoning and Land Use Map Scale: 1:18,056 .rt:Nnrr\tapan1 pa¢n 4414 are brie, rd a_nva:e 141,1nis. 'Lt r;.laran'rrr. 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