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Res 17-049 RESOLUTION NO. 17-049 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, 0-3, 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: Resolution No. 17-049 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. • Resolution No. 17-049 Page 3 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, ata regular meeting thereof this 18th day of July 2017. Steve Vaus, Mayor ATTEST: Nancyeuf�tMC, 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. 17-049 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: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ll /O�/�� N4ncAldufeC, City Clerk City of Poway Resolution No. 17-049 Page 4 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The people of the City of Poway do ordain as follows: Section 1. 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 county 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(0S-R),which together currently allow for low-intensity active-recreational and ancillary commercial uses which could be compatible with residential land uses. 3. The existing golf course,clubhouse,and open space uses on the Prop..rty 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 Pony Municipal Code and reflected on the City's "Zoning&General Plan Land Use Map,"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)General Plan designation to the Proper ty,which collectively will allow for the above-described uses and require voter approval to change them in the future. B. Purpose. 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 Proper ty 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 Overlay category is established to allow for the • preservation and enhancement of the unique character of the golf course and clubhouse's.active Rolf,green space,and ancillary commercial uses,and for the development of no more than 180 • Resolution No. 17-049 Page 5 • 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 ctn3reeet,and new language to be inserted into the General Plan is shown in underlined text): Private Sports Facilities l Severa privately operated facilities exist within the community. These include the following: StoneRidge Country Club This 117 corn private-sem-elub-facility is located in the north Poway area on Espola Road between Valle Verde Road and Cloudcroft Drive. The facility includes a chrbhous Swireitem—'"f' and an I8-hole championship golf 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 Prup..e ry 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(I)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 Iloµ,r ty,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 I 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 manna and time required by state law to ensure consistency between the provisions adopted by this Initiative and other elements of the General Plan. 2 • Resolution No. 17-049 Page 6 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 intern is not frustrated,this Initiative is presented to the voters as an•altemative to,end 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 end without any legal effect In no event shall this Initiative be interpreted in a mum=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 forte of law. Section 6. Interpretation and Severabiity. • 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 o 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(in)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 stale law. Section 8. Exhibit List • The following exhibits are attached to this Initiative and incorporated herein: Exhibit A Depiction of the Propaty 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 I ' Resolution No. 17-049 Page 7 • INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS • EXHIBIT A TO THE INITIATIVE DEPICTION OF THE PROPERTY SUBJECT TO THE INITIATIVE Resolution No. 17-049 Page 8 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. 11 r"-- 2 re lee PROPERTY 1 1 SUBJECT TO 1> INITIATIVE ) I • RANCHO sevotkt)O RD_ ESPOLA RD 4'11 Jr CRY OF tl\iirf POMYAY VICINITY MAP . SIIISPw EXHIBIT A Resolution No. 17-049 Page 9 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXIHBIT B TO THE INITIATIVE AMENDMENTS TO lift. CITY OF POWAY GENERAL PLAN PUBLIC FACILITIES ELEMENT TABLE IV-2, TITLED "PRIVATE RECREATIONAL FACILITIES" Resolution No. 17-049 Page 10 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS AMENDMENTS TO THE CITY OF.POWAY GENERAL PLAN PUBLIC FACH.I7'IF,S 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(tett to be added is in underlined italics): TABLE IY:2 PRIVATE RECREATIONAL:FACILI.TIES NON- RESTRICTED- RESTRICTED ACREAGE~ Body'Gallery:Fitness Ctr. X 026 Carriage tans X 1.40 Nortb.CouMy indoor/ X 4.92 Outdoor Soccer Park PoinseIia Family Mobile X 0.25 Houle Pik 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 Arbolttos Swim end X 7 Tennis Club Stone Ridge Country Club X 1171 Restricted refers to public use access *Acreage subject to reduction consistent with the provisions of the Poway Open Space and Recreation Preservation Initiative. EXHIBIT B Resolution No. 17-049 Page 11 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 Resolution No. 17-049 Page 12 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): .. . ; . . . . — /".j.:i "1111( t 11 - - ..01'airpoi„ -:'"." ,a owo. ,1-. w..o.+ .,[''a... I • .if tletleC•OIT OP4 H.p .- i rr ..d` • • j lei ,Fivi.. 16, .. e i u �.o o," y `Jud jl T _lIhlSu. J d b, ! , 4414 �� `✓ 3 . } r ♦� T .00 ... 11114 ! Legend - AGC Aulotnoine General Comma-nal -PF Pubic Facility - CB Community Business - PRD-1 Plumed Resident*Devetopmeni-Bridewood -CG Commercial erral Garwal -PRD-2 Finned Raadafa Develapn ent-Gadan Road - CN Commercial Neighborhood IMP PRD-3 Planned Resident*Development.Wieland Mi IIII CO Cmanxuai Office RA Reatlernel Apemen -MC I.borstal Campus RC Residential Condo Mo Motile Home Pah - RR-A Rural Raeida to A MJ Wed Use 1 RRA Rural RaaedaWl B OSA Open Space Recruit= RR-C Rural Reaga+Ml C -OSR111 Open Space Resource Management RS I Residential Single Family 1 -PC-1 Phoned Commune),-Rauch Admen'Poked* RS-2 Residential Single Fainly 2 -PC-2 Planed Cormuauty•Rancho Mooilos 1Nood.de RS-3 Residential Segle Faniy 3 -PC-3 PWned Community-Rancho ArboYoe Perked: RS-4 Resdereal Single Fancy 4 -PC-4 Planned Community-Coieahon RS-7 Readenbe Single Fandy 7 -PC-5 Planned Community-Chaney Rod[ in TC Tom Canter NEPlannedPGPPlumedHi ed Community.Hidden Valley N PC-7 Plumed Community-South way Business Pak A EXHIBIT C-1 Resolution No. 17-049 Page 13 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(I)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): 7 •1 (11( . ...:..... .0..i.< :::::r1::." ''''IA: ,..., ,..,.. .. • 1 , .. ....„ • • .., -11Ir ...., , .N. 1 IIM.IIIIIIIIIkk4PMIIIII ' ,r,Nt, * tittRae4H.. Legend - AGC Automotive General Comoro* -PF Pubic Facility -C8 Community&..M Mr. PRD-1 Planned Re ad clot Development-arderwooC -CG Committal Genal !P PRD-2 Planned R.odenial Development-Garden Road - Chi Commercial Neighborhood PRD-3 Panned Paederast Development-Vineland Fds Inco Commerical Give RA R..tlentr Al amrt -NC NrapmW Can RC Readerasi Canto IMP Motile Home Park RR-A Rural Remained d A MU Wind Use RR-8 Rural Reudsoed 8 OS-R Open Specs Flaaeotion RR-C Rural Read.nliel C - OS-RM Opsin Spate Rosana Management RS-1 Readullr Single Family 1 -PC-1 Panned Con.nw y-Ranch Arboroa Palisades RS-2 R.sdenar Single Family 2 -PC-2 Planned Community-Rancho Arbon Waodnde RS-3 Reside nsal Single Family 3 -PC-3 Panted Community-Rancho Arbdioo Partade RS-4 %pederast Single Forney 4 -PC-4 Peened Community-Co/ecion RS-7 Reegslfal Sngn Fsniy 7 -PC-8 Planed Community-Chaney Rock -TC Town Canter In PC-6 Panned Community-hidden Miley ®so St m (Nanny anny N -PC-7 Planed Community-South Poway Business Port EXHIBIT C-2