Ord 836 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 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
Ordinance No. 836
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 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.
Ordinance No. 836
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: MULLIN, LEONARD, FRANK, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Faviola na, CMC, City Clerk