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Item 3.3 - GPA 19-002 and Zone Change 19-002City of Poway COUNCIL AGENDA REPORT DATE: December 3, 2019 TO: Honorable Mayor and Members of the City Council FROM: Robert J. Manis, Director of Development Services CONTACT: Austin Silva, Senior Planner 858-668-4658/asilva@poway.org SUBJECT: Summary: General Plan Amendment 19-002 and Zone Change 19-002; a request to change the General Plan land use designation and Zoning designation of parcels, or portions thereof, to the Open Space - Resource Management Zoning designation. This action is a request to redesignate 53 parcels, or portions thereof, that have been dedicated by a property owner/developer as biological mitigation land, or purchased by the City for the preservation of open space land. The current zoning and land use designation of the properties are Rural Residential A (RR -A), Rural Residential B (RR -B), Rural Residential C (RR -C), Planned Residential Development (PRD, Residential Single -Family Zone 2 (RS -2), Residential Single - Family Zone 4 (RS -4), or Residential Condominium (RC). The zoning and land use designations will be changed to Open Space -Resource Management (OS -RM). The proposed areas for redesignation range in size from 0.22 acres to 38.67 acres and are located throughout the City. The combined parcel acreage is 166.37 acres. Recommended Action: It is recommended that the City Council take public input; close the public hearing, approve the Resolution and introduce the Ordinance for first reading by title only, waive further reading, and schedule adoption of the attached ordinance for December 17, 2019. Discussion: In the summer of 1995, the City Council adopted the Poway Subarea Habitat Conservation Plan (HCP). The HCP is a program designed to preserve and protect biologically sensitive, threatened, and endangered plant and animal species and habitats. The HCP requires that land over which Biological Conservation Easements (BCE) have been recorded be redesignated to Open Space - Resource Management (OS -RM) to ensure the preservation of the land as open space. The areas dedicated for mitigation, and encumbered by a BCE, are primarily the result of private development projects that have impacted various vegetative communities, primarily Coastal Sage Scrub. With this action, 53 parcels of land or portions thereof, totaling 166.37 acres that range in size from 0.22 acres to 38.67 acres, would be redesignated. These properties were dedicated by a property owner/developer as biological mitigation land over which a BCE has been recorded or purchased by the City for the preservation of prominent ridgelines, or undeveloped land intended for open space purposes. 1 of 15 December 3, 2019, Item #3.3 A majority of the parcels are located within the boundaries of the HCP mitigation area and the land use changes being requested are pursuant to procedures outlined in the Poway HCP and Implementing Agreement. This requires land over which a BCE has been recorded to be appropriately redesignated to ensure that the mitigation land remains as open space, in its natural condition and in perpetuity. General Plan and Zoning The OS -RM zone is intended for lands where valuable natural resources are located and includes mountainous areas, prominent ridgelines, riparian areas, wildlife corridors, areas of high biological value, and areas with historic and prehistoric resources. The goal of this zone is to preserve open space for the conservation of natural and cultural resources and to maintain the natural character of the land. Staff recommends that the land use and zoning of the parcels, or portions thereof, described above and identified in the attached maps (Attachment C), be re -designated from their original zoning designation of Rural Residential —A, B, C, Planned Residential, Residential Single -Family Zone 2 and 4, Residential Condominium or Planned Community (RR -A, RR -B, RR -C, RS -2, RS - 4, RC or PC) to OS -RM. The proposed redesignation is appropriate to maintain land use compatibility with surrounding open space parcels and low-density residential zones, and will preclude the potential intensification of land use in these biologically sensitive areas, and implement policies of the HCP. The parcels to be redesignated are as follows: 321-110-46 from RR -A to OS -RM 321-110-32 from RR -A to OS -RM 317-021-18 from RR -C to OS -RM 277-230-07 from RR -A to OS -RM 277-220-10 from RR -A to OS -RM 277-201-11 from PC -4 to OS -RM 277-220-36 from RR -A to OS -RM 277-230-06 from RR -A to OS -RM 323-520-01 from RR -C to OS -RM 314-372-05 from RR -C to OS -RM 314-372-03 from RR -C to OS -RM 314-372-09 from RR -C to OS -RM 321-271-50 from RR -A to OS -RM 277-020-14 from RR -A to OS -RM 277-220-34 from RR -A to OS -RM 314-651-24 from RS -2 to OS -RM 314-370-04 from RR -A to OS -RM 321-100-24 from RR -A to OS -RM Environmental Review: 321-111-23 from RR -A to OS -RM 276-070-36 from RR -A to OS -RM 317-021-30 from RR -C to OS -RM 321-250-11 from RR -A to OS -RM 276-140-22 from RR -A to OS -RM 273-133-11 from RS -2 to OS -RM 278-423-09 from PRD -1 to OS -RM 321-260-29 from RR -C to OS -RM 314-840-05 from RR -B to OS -RM 314-372-04 from RR -C to OS -RM 314-372-08 from RR -C to OS -RM 314-372-01 from RR -C to OS -RM 321-271-51 from RR -A to OS -RM 321-111-26 from RR -A to OS -RM 314-840-09 from RR -A to OS -RM 323-290-12 from RR -C to OS -RM 314-031-03 from RR -A to OS -RM 317-740-66 from RC to OS -RM 277-220-07 from RR -A to OS -RM 277-220-30 from RR -A to OS -RM 314-840-06 from RR-A/B to OS -RM 314-840-18 from RR -A to OS -RM 277-010-15 from RR -A to OS -RM 317-490-86 from RC/RS-4 to OS -RM 314-840-02 from RR -A to OS -RM 323-092-14 from RR -C to OS -RM 321-110-31 from RR -A to OS -RM 314-372-06 from RR -C to OS -RM 314-372-02 from RR -C to OS -RM 314-372-10 from RR -C to OS -RM 321-271-52 from RR -A to OS -RM 277-020-27 from RR -A to OS -RM 321-420-15 from RR -A to OS -RM 277-020-31 from RR -A to OS -RM 321-100-22 from RR -A to OS -RM This project is categorically exempt from the California Environmental Quality Act (CEQA) as a Class 8 Categorical Exemption, pursuant to Section 15308 of the CEQA Guidelines, in that the project involves a General Plan Amendment and Zone Change for the purpose of preserving habitat and protecting the environment. Fiscal Impact: None. 2 of 15 December 3, 2019, Item #3.3 Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on November 21, 2019 and mailed to 53 property owners and property owners within 500 feet of each parcel. Attachments: A. Resolution Approving General Plan Amendment 19-002 B. Ordinance Approving Zone Change 19-002 C. City-wide map of parcels of consideration for General Plan/Zoning designation change Reviewed/Approved By: Wendy serman Assistant City Manager 3 of 15 Reviewed By: Approved By: Alan Fenstermacher City Attorney Chr4s Hazne City Manager December 3, 2019, Item #3.3 RESOLUTION NO. P -19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN OF THE CITY OF POWAY GENERAL PLAN AMENDMENT 19-002 WHEREAS, the City Council of the City of Poway recognizes that the need may arise to amend the City's General Plan; WHEREAS, Section 65350, et seq., of the California Government Code describes the procedures for amending General Plans; WHEREAS, Section 17.46.020B of the Poway Municipal Code (Zoning Ordinance) provides that a change in the boundaries of any zone or a change in regulations may be initiated by Resolution of the City Council; WHEREAS, the change in the General Plan Land Use Designation implements the requirements of the Poway Habitat Conservation Plan, and its accompanying Implementing Agreement, by requiring a change in designation of the land over which a Biological Conservation Easement has been recorded to Open Space—Resource Management to ensure the performance of the mitigation land or undeveloped land in open space and as native habitat; WHEREAS, General Plan Amendment (GPA) 19-002 consists of the change in designation of 53 parcels, or portions thereof, that have been dedicated by a property owner/developer as biological mitigation land, or purchased by the City for the preservation of open space land. The current zoning and land use designations of the properties are Rural Residential -A (RR -A), Rural Residential -B (RR -B), Rural Residential -C (RR -C), Residential Single -Family Zone 2 (RS -2), Residential Single -Family Zone 4 (RS -4), Residential Condominium (RC) or Planned Residential Development (PRD) to Open Space -Resource Management (OS - RM); WHEREAS, the 53 parcels or portions thereof, are located throughout the City and incorporated by reference herein as Attachment C to the Agenda Report, and identified as Accessor Parcel Numbers (APNs): 321-110-46 from RR -A to OS -RM 321-110-32 from RR -A to OS -RM 317-021-18 from RR -C to OS -RM 277-230-07 from RR -A to OS -RM 277-220-10 from RR -A to OS -RM 277-201-11 from PC -4 to OS -RM 277-220-36 from RR -A to OS -RM 277-230-06 from RR -A to OS -RM 323-520-01 from RR -C to OS -RM 314-372-05 from RR -C to OS -RM 314-372-03 from RR -C to OS -RM 314-372-09 from RR -C to OS -RM 321-271-50 from RR -A to OS -RM 277-020-14 from RR -A to OS -RM 277-220-34 from RR -A to OS -RM 314-651-24 from RS -2 to OS -RM 314-370-04 from RR -A to OS -RM 321-100-24 from RR -A to OS -RM 321-111-23 from RR -A to OS -RM 276-070-36 from RR -A to OS -RM 317-021-30 from RR -C to OS -RM 321-250-11 from RR -A to OS -RM 276-140-22 from RR -A to OS -RM 273-133-11 from RS -2 to OS -RM 278-423-09 from PRD -1 to OS -RM 321-260-29 from RR -C to OS -RM 314-840-05 from RR -B to OS -RM 314-372-04 from RR -C to OS -RM 314-372-08 from RR -C to OS -RM 314-372-01 from RR -C to OS -RM 321-271-51 from RR -A to OS -RM 321-111-26 from RR -A to OS -RM 314-840-09 from RR -A to OS -RM 323-290-12 from RR -C to OS -RM 314-031-03 from RR -A to OS -RM 317-740-66 from RC to OS -RM 4 of 15 ATTACHMENT A 277-220-07 from RR -A to OS -RM 277-220-30 from RR -A to OS -RM 314-840-06 from RR -NB to OS -RM 314-840-18 from RR -A to OS -RM 277-010-15 from RR -A to OS -RM 317-490-86 from RC/RS-4 to OS -RM 314-840-02 from RR -A to OS -RM 323-092-14 from RR -C to OS -RM 321-110-31 from RR -A to OS -RM 314-372-06 from RR -C to OS -RM 314-372-02 from RR -C to OS -RM 314-372-10 from RR -C to OS -RM 321-271-52 from RR -A to OS -RM 277-020-27 from RR -A to OS -RM 321-420-15 from RR -A to OS -RM 277-020-31 from RR -A to OS -RM 321-100-22 from RR -A to OS -RM December 3, 2019, Item #3.3 Resolution No. P -19 - Page 2 WHEREAS, on December 3, 2019, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and for the associated Zoning Change (ZC) 19-002 and has considered 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 recitations are true and correct. SECTION 2: The City Council has considered the project and determined that the project is exempt from the California Environmental Quality Act (CEQA) as a Class 8 Categorical Exemption, pursuant to Section 15308 of the CEQA Guidelines, in that the project involves a General Plan Amendment, Zone Change and Specific Plan Amendment for the purpose of preserving habitat and protecting the environment. SECTION 3: The City Council finds that the proposed General Plan Amendment will assist in the preservation of biological mitigation land, unique biological habitats, and significant topographic features, and would result in a land use designation that is compatible with the adjoining open space and low-density residential land uses, and implements the goals and policies of the City's Habitat Conservation Plan. SECTION 4: The City Council hereby approves GPA 19-002 to change the General Plan land use designation of 53 parcels, or portions thereof, located throughout the City identified by the APNs noted above, from either RR -A, RR -B, RR -C, RS -2, RS -4, RC or PRD to OS -RM. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 3rd day of December 2019 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 5 of 15 December 3, 2019, Item #3.3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES (ZC19-002) WHEREAS, Chapter 17.06 of Title 17 (Zoning Development Code) of the Poway Municipal provides the requirements for the establishment and amendment of zoning districts; WHEREAS, the City Council of the City of Poway has approved a General Plan Amendment GPA19-002, amending the land use designation of 53 parcels, or portions thereof, from either the Rural Residential A (RR -A), Rural Residential B (RR -B), Rural Residential C (RR- C), Residential Single -Family Zone 2 (RS -2), Residential Single -Family Zone 4 (RS -4), Residential Condominium (RC), Planned Residential Development (PRD) or Planned Community (PC) zone to Open Space -Resource Management (OS -RM) that are located throughout the City; 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 to consider this zone reclassification; WHEREAS, Zone Change 19-002 is proposed to change the Zoning Designation of 53 parcels, or portions thereof, from either the Rural Residential A (RR -A), Rural Residential B (RR - B), Rural Residential C (RR -C), Residential Single -Family Zone 2 (RS -2), Residential Single - Family Zone 4 (RS -4), Residential Condominium (RC), Planned Residential Development (PRD) or Planned Community (PC) zone to Open Space Resource Management (OS -RM); WHEREAS, the 53 parcels or portions thereof, are located throughout the City and incorporated by reference herein as Attachment C to the Agenda Report; WHEREAS, the proposed change in designation would preserve land over as natural habitat for properties that have been dedicated by a property owner/developer as biological mitigation land, or purchased by the City for the preservation of open space land; WHEREAS, said change is a requirement of the City's Habitat Conservation Plan to ensure that mitigation land remains permanently in open space, WHEREAS, on December 3, 2019, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and for associated General Plan amendment GPA19-002 and has considered other evidence presented at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: The City Council has considered the project and determined that the project is exempt from the California Environmental Quality Act (CEQA) as a Class 8 Categorical 6 of 15 ATTACHMENT B December 3, 2019, Item #3.3 Ordinance No. Page 2 Exemption, pursuant to Section 15308 of the CEQA Guidelines, in that the project involves a General Plan Amendment, Zone Change and Specific Plan Amendment for the purpose of preserving habitat and protecting the environment. SECTION 3: The City Council finds that the proposed Zone Change will assist in the preservation of biological mitigation land, unique biological habitats, and significant topographic features and would result in a land use designation that is compatible with the adjoining open space and low-density residential land uses and implements the goals and policies of the City's Habitat Conservation Plan. SECTION 4: The City Council hereby approves ZC19-002, a change of zoning designation for 53 parcels, or portions thereof, that have been dedicated by a property owner/developer as biological mitigation land, purchased by the State of California as mitigation land or purchased by the City for the preservation of undeveloped land from RR -A, RR -B, RR -C, RS -2, RS -4, RC, PRD or PC zones to OS -RM. The parcels are located throughout the City and are identified by the following Assessor Parcel Numbers: 321-110-46 from RR -A to OS -RM 321-110-32 from RR -A to OS -RM 317-021-18 from RR -C to OS -RM 277-230-07 from RR -A to OS -RM 277-220-10 from RR -A to OS -RM 277-201-11 from PC -4 to OS -RM 277-220-36 from RR -A to OS -RM 277-230-06 from RR -A to OS -RM 323-520-01 from RR -C to OS -RM 314-372-05 from RR -C to OS -RM 314-372-03 from RR -C to OS -RM 314-372-09 from RR -C to OS -RM 321-271-50 from RR -A to OS -RM 277-020-14 from RR -A to OS -RM 277-220-34 from RR -A to OS -RM 314-651-24 from RS -2 to OS -RM 314-370-04 from RR -A to OS -RM 321-100-24 from RR -A to OS -RM 321-111-23 from RR -A to OS -RM 276-070-36 from RR -A to OS -RM 317-021-30 from RR -C to OS -RM 321-250-11 from RR -A to OS -RM 276-140-22 from RR -A to OS -RM 273-133-11 from RS -2 to OS -RM 278-423-09 from PRD -1 to OS -RM 321-260-29 from RR -C to OS -RM 314-840-05 from RR -B to OS -RM 314-372-04 from RR -C to OS -RM 314-372-08 from RR -C to OS -RM 314-372-01 from RR -C to OS -RM 321-271-51 from RR -A to OS -RM 321-111-26 from RR -A to OS -RM 314-840-09 from RR -A to OS -RM 323-290-12 from RR -C to OS -RM 314-031-03 from RR -A to OS -RM 317-740-66 from RC to OS -RM SECTION 5: This Ordinance shall not be codified. 277-220-07 from RR -A to OS -RM 277-220-30 from RR -A to OS -RM 314-840-06 from RR-A/B to OS -RM 314-840-18 from RR -A to OS -RM 277-010-15 from RR -A to OS -RM 317-490-86 from RC/RS-4 to OS -RM 314-840-02 from RR -A to OS -RM 323-092-14 from RR -C to OS -RM 321-110-31 from RR -A to OS -RM 314-372-06 from RR -C to OS -RM 314-372-02 from RR -C to OS -RM 314-372-10 from RR -C to OS -RM 321-271-52 from RR -A to OS -RM 277-020-27 from RR -A to OS -RM 321-420-15 from RR -A to OS -RM 277-020-31 from RR -A to OS -RM 321-100-22 from RR -A to OS -RM 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 this 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 § 36933. 7 of 15 December 3, 2019, Item #3.3 Ordinance No. Page 3 INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 3rd day of December 2019, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 17th day of December 2019 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 8 of 15 December 3, 2019, Item #3.3 G PA19-002/ZC19-002/SPA19-003 0 IN3INHOVIIV £t# well `6602 `£ iegWe3aa BCE - To be rezoned to OS -RM This map is provided without warranty of any kind, either express or implied, including but not limited to, the implied warrant es of merchantability and fitness for a particular purpose. This map has been prepared for descriptive purposes only and its accuracy cannot be guaranteed. Data compiled from various sources, including (but not limited to): City of Poway, SanGIS, SANDAG. Last updated November, 11, 2019 by Poway GS. G PA19-002/ZC19-002/SPA19-003 6602 `£ JegWe3ea 3 w f4' BCE - To be rezoned to OS -RM This map is provided without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. This map has been prepared for descriptive purposes only and its accuracy cannot be guaranteed. Data compiled from various sources, including (but not limited to): City of Poway, SanGIS, SANDAG. Last updated November, 11, 2019 by Poway GS. GPA19-002/ZC19-002/SPA19-003 `6602 `£ JegW83ea CD 3 G4 BCE -To be rezoned to OS -RM This map is provided without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. This map has been prepared for descriptive purposes only and its accuracy cannot be guaranteed. Data compiled from various sources, including (but not limited to): City of Poway, SanGIS, SANDAG. Last updated November, 11, 2019 by Poway GS. G PA19-002/ZC19-002/SPA19-003 61.OZ `£ iegWe 3 3 w BCE -To be rezoned to OS -RM — Ce116, ebr 0 Flo MIN 1 -Malabar ME 1 r Fee Fee 1111 ese • =:K tee "...Res e lr Ni --crest r J i IIIiI,1 1 Ilb 3 lQelititams001 • \J 4 elk wis 94 'Ma211pil ageeres • v Ij E rr% /1177iree ores • co =1t- / NI+ }Brian�Park a r ponient•d II,l� ►1 • Ell NM MI 11111 • — peaks IR MI This map is provided without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. This map has been prepared for descriptive purposes only and its accuracy cannot be guaranteed. Data compiled from various sources, including (but not limited to): City of Poway, SanGIS, SANDAG. Last updated November, 11, 2019 by Poway GS. 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This map has been prepared for descriptive purposes only and its accuracy cannot be guaranteed. Data compiled from various sources, including (but not limited to): City of Poway, SanGIS, SANDAG. Last updated November, 11, 2019 by Poway GS. GPA19-002/ZC19-002/SPA19-003 N FIr 1 111 lz-v-ju ti L `6402 `£ iequaa3aa BCE - To be rezoned to OS -RM Q 9 to • Cite 4 owe -Dr . ajsdgII p Mei Stl EDO00 q�- 1 en Rd - LII III LI' SlcoS fo Kittery St a o Kennebunk Stw Scarboro St < �tiLti�i�t1-L�LI_f o ti 61-- h Pine'St °D � i,,�„UIITii1111\ Sc6ppS;9o' This map is provided without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. This map has been prepared for descriptive purposes only and its accuracy cannot be guaranteed. Data compiled from various sources, including (but not limited to): City of Poway, SanGIS, SANDAG. Last updated November, 11, 2019 by Poway GS.