Item 1.7 - Second Reading and Adoption of Ordinance No. 836DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
City of Poway
COUNCIL AGENDA REPORT
December 17, 2019
Honorable Mayor and Members of the City Council
Faviola Medina, City Clerk �
(858)668-4535 or fmedina@poway.org
Second Reading and Adoption of Ordinance No. 836 entitled "An
Ordinance of the City Council of the City of Poway, California, Chan ging
the Zoning Classification of Certain Properties (ZC 19-002)"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City
Council Meeting on December 3, 2019. All Councilmembers were present. There were two
speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading: AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Recommended Action:
MULLIN, LEONARD, FRANK, GROSCH, VAUS
NONE
NONE
NONE
NONE
It is recommended that the City Council adopt Ordinance No. 836.
Fiscal Impact:
None.
Environmental Review:
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.
Public Notification:
A public hearing summary notice was published in the Poway News Chieftain on Thursday,
November 21, 2019. A second summary notice will be published in the same publication on
Thursday, December 26, 2019. A certified copy of this Ordinance will also be posted in the Office
of the City Clerk in accordance with Government Code section 36933.
1 of 5 December 17, 2019, Item #1.7
Attachment:
A.Ordinance No. 836
Reviewed/Approved By:
Wencl aserman
Assistant City Manager
2 of 5
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c�
City Manager
December 17, 2019, Item #1.7
ORDINANCE NO. 836
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 52 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), or Planned Residential Development (PRD) 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 52
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), or Planned Residential Development
PRD)) zone to Open Space Resource Management (OS -RM);
WHEREAS, the 52 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 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.
3 of 5 December 17, 2019, Item #1.7
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 52 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 321-111-23 from RR-A to OS-RM 277-220-07 from RR-A to OS-RM
321-110-32 from RR-A to OS-RM 276-070-36 from RR-A to OS-RM 277-220-30 from RR-A to OS-RM
317-021-18 from RR-C to OS-RM 317-021-30 from RR-C to OS-RM 314-840-06 from RR-A/B to OS-RM
277-230-07 from RR-A to OS-RM 321-250-11 from RR-A to OS-RM 314-840-18 from RR-A to OS-RM
277-220-10 from RR-A to OS-RM 276-140-22 from RR-A to OS-RM 277-010-15 from RR-A to OS-RM
317-740-66 from RC to OS-RM 273-133-11 from RS-2 to OS-RM 317-490-86 from RC/RS-4 to OS-RM
277-220-36 from RR-A to OS-RM 278-423-09 from PRD-1 to OS-RM 314-840-02 from RR-A to OS-RM
277-230-06 from RR-A to OS-RM 321-260-29 from RR-C to OS-RM 323-092-14 from RR-C to OS-RM
323-520-01 from RR-C to OS-RM 314-840-05 from RR-B to OS-RM 321-110-31 from RR-A to OS-RM
314-372-05 from RR-C to OS-RM 314-372-04 from RR-C to OS-RM 314-372-06 from RR-C to OS-RM
314-372-03 from RR-C to OS-RM 314-372-08 from RR-C to OS-RM 314-372-02 from RR-C to OS-RM
314-372-09 from RR-C to OS-RM 314-372-01 from RR-C to OS-RM 314-372-10 from RR-C to OS-RM
321-271-50 from RR-A to OS-RM 321-271-51 from RR-A to OS-RM 321-271-52 from RR-A to OS-RM
277-020-14 from RR-A to OS-RM 321-111-26 from RR-A to OS-RM 277-020-27 from RR-A to OS-RM
277-220-34 from RR-A to OS-RM 314-840-09 from RR-A to OS-RM 321-420-15 from RR-A to OS-RM
314-651-24 from RS-2 to OS-RM 323-290-12 from RR-C to OS-RM 277-020-31 from RR-A to OS-RM
314-370-04 from RR-A to OS-RM 314-031-03 from RR-A to OS-RM 321-100-22 from RR-A to OS-RM
321-100-24 from RR-A to OS-RM
SECTION 5: 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 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.
December 17, 2019, Item #1.74 of 5
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
5 of 5 December 17, 2019, Item #1.7