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
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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):
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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
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•
•
.., -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