Res 03-075-- RESOLUTION NO. 03-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA. CALLING AND GIVING NOTICE OF
THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, MARCH 2, 2004, FOR THE SUBMISSION OF A PROPOSED
ORDINANCE
WHEREAS, pursuant to authority provided by statute, a petition has
been filed by Joseph Lucidi with the legislative body of the City of Poway,
California, signed by more than fifteen pement of the number of registered
voters of the City to submit a proposed ordinance relating to changing the
general plan and zoning designations of approximately twenty acres at the
northwest corner of Highway 67 and Poway Road from Rural Residential to
Automotive/General Commercial; and
WHEREAS, the 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; and
WHEREAS, the City Council has not voted in favor of the adoption of
-- the ordinance; and
WHEREAS, the City Council is authorized and directed by statute to
submit the proposed ordinance to the voters pursuant to Elections Code
§1405.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, 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, March 2, 2004, a
Special Municipal Election for the purpose of submitting the following:
Shall an Ordinance be adopted which would change the YES
General Plan and Zoning Designations of Approximately
Twenty Acres at the Northwest Corner of Highway 67 and
Poway Road from Rural Residential to Automotive/General NO
Commercial
SECTION 2. That the text of the ordinance submitted to the voters is
attached as Exhibit A.
Resolution No. 03- 075
Page 2
SECTION 3. That the ballots to be used at the election shall be in
form and content as required by law.
SECTION4. That the City Clerk is authorized, instructed and
directed 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.
SECTION 5. That the polls 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. on the same day when the polls shall be closed, 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 a
special 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 Clerk shall certify 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 30th day of September 2003.
ATTEST: Michae~
Lori~Anne Peoples, City Clr~rl(
Resolution No. 03-075
Page 3
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify
under the penalty of perjury, that the foregoing Resolution No.03-075 , was duly
adopted by the City Council at a meeting of said City Council held on the 30th day
of September, 2003, and that it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
Lori A~ne Peoples, Cit~CJ~k-
City of Poway
Resolution No. 03-075
Page 4
POWAY INITIATIVE ORDINANCE '
THE PEOPLE OF THE CITY OF POWAY DO ORDAIN AS FOLLOWS:
Section 1 - Purpose
The purpose of this ordinance is to change the zoning and General Plan land use designation
of a 20 acre parcel located in the City of Poway from RR-A (Rural Residential A) to A/GC
(Automotive/General Commercial). The property, described as S~ Diego Assessor Parcel
Number 322-011-09-00, is situated on thc west side of Highway 67, north of Poway Road.
A legal description of the property is Attached as Exhibit A.
Section 2 - General Plan and Zoning Development Code Amendments
The Land Use Element of the General Plan and the Zoning Development Code of the City
of Poway, codified as Title 17 of thc Poway Municipal Code,' are hereby amended as
follows:
A. The Land Use and Zoning Plan Map incorporated in the Land Use Element of thc
General Plan and maintained pursuant to Section 17.06.020 of the Poway Municipal Code is
amended to change the land use and zoning designation of San Diego Assessor Parcel
Number 322-011-09-00, comprising approximately 20 acres in size, from RR-A to A/GC, as
shown on Exhibit B attached hereto.
B. Table III-2 of the Land Use Element of the General Plan is amended to reflect 20
additional acres of land designated as A/GC and 20 fewer acres o£1and designated as RR-A
within the incorporated city, as shown on Exhibit C attached hereto.
Section 3 - Severability
If any pa~t of this ordinance is held to be invalid for any reason, such decision shall not
affect the validity of the remaining provisions of the ordinance.
Section 4 - Effective Date
Pursuant to California Elections Code section 9217, this ordinance shall be considered as
adopted upon the date that vote by the electorate of the City of Poway is declared by the
Ci~ Council, and shall become effective ten (10) days a~er that date.
EXHIBIT A
"Resolution'No. 03-075
Pag~ 5
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