Item 10 - Second Reading and Adoption of Ordinance No. 843DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
July 7, 2020
Honorable Mayor and Members of the City Council
Faviola Medina, City Clerk
(858)668-4535 or fmedina@poway.org
CITY COUNCIL
Second Reading and Adoption of Ordinance No. 843 entitled "An Ordinance of
the City of Poway, California, Amending the City's Zoning and General Plan Land
Use Map, Changing the Zoning and General Plan Land Use Designations from
Open Space-Recreation (OS-R) to The Farm in Poway Planned Community (PC-9)
with Related Amendments to the Poway Municipal Code for The Farm in Poway
Specific Plan (SPP) 18-001 (Zone Change 19-001 and Zoning Ordinance
Amendment 20-001 ); Assessor's Parcel Numbers 273-110-07-00, 273-110-08-00
and 273-110-18-00."
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City
Council Meeting on June 16, 2020. There were 15 speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading:
Recommended Action:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
MULLIN, LEONARD, GROSCH, FRANK, VAUS
NONE
NONE
NONE
NONE
It is recommended that the City Council adopt Ordinance No. 843.
Environmental Review:
An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality
Act (CEQA) in conjunction with The Farm in Poway Specific Plan (SPP) 18-001 and associated
entitlements General Plan Amendment (GPA) 19-001, Tentative Tract Map (TTM) 19-002, Development
Review (DR) 19-001, and Conditional Use Permit Application (CUP) 19-005 PRSP, and was certified by
the City Council on June 16, 2020. The EIR analyzed the potential impacts of the proposed Zone
Change and Zoning Ordinance Amendment. The Final EIR concludes that the potential impacts
1 of 8 July 7, 2020, Item #10
associated with the Specific Plan and associated entitlements, through the incorporation of mitigation
measures, will be mitigated to a level of insignificance. The Final EIR discusses the project alternatives,
the issue areas, and the mitigation measures in detail. No further environmental analysis is required
because the project's impacts have already been analyzed, and are fully covered by the certified EIR.
Fiscal Impact:
Consistent with the City Council's direction from the February 18, 2020 Council Meeting in which
Council discussed including a revenue analysis with proposed projects to help decision making, staff
conducted a revenue analysis for The Farm in Poway project. Staff analyzed the potential ongoing
revenues, such as property tax and sales tax, and excluded one-time revenues, such as transfer taxes.
The data supporting staff's analysis came from a variety of sources. For example, the developer's
agent provided estimated sales information. This information helped support the property and sales
tax analysis. The U.S. Bureau of Labor Statistics (BLS) Table 1203 provided annual expenditures by
income level and expenditure type. The BLS data helped support the sales tax analysis. Sales tax
estimates for commercial buildings were created with the support of published information from the
City's sales tax consultant, HDL.
The residential portion of the development is projected to annually contribute $400,000 in property
tax revenues and $100,000 in sales tax revenues. The commercial portion of the development is
projected to annually contribute $4,700 in property tax revenues and between $2,300 and $23,000 in
sales tax revenues. The range in estimate commercial sales tax occurs because of the potential use
types in the Cafe. The sales tax for a coffee house such as Starbucks is much different than the sales
tax for a bakery-cafe such as a Panera Bread. Based on staffs analysis, approximately $500,000 in
annual revenue is estimated for the City of Poway.
Public Notification:
A summary notice was published in the Poway News Chieftain on Thursday, June 25, 2020. A second
summary notice will be published in the same publication on Thursday, July 16, 2020. A certified copy
of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government
Code section 36933.
Attachments:
A.Ordinance 843
Reviewed/ Approved By:
Assistant City Manager
2 of 8
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
July 7, 2020, Item #10
ORDINANCE NO. 843
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING THE CITY'S ZONING AND
GENERAL PLAN LAND USE MAP, CHANGING THE ZONING AND GENERAL PLAN LAND USE DESIGNATIONS FROM OPEN
SPACE-RECREATION (OS-R) TO THE FARM IN POWAY
PLANNED COMMUNITY (PC-9) WITH RELATED AMENDMENTS TO THE POWAY MUNICIPAL CODE FOR THE FARM IN POWAY
SPECIFIC PLAN (SPP) 18-001 (ZONE CHANGE 19-001 AND
ZONING ORDINANCE AMENDMENT 20-001); ASSESSOR'S PARCEL NUMBERS 273-110-07-00, 273-110-08-00 AND 273-
110-18-00
WHEREAS, The Farm in Poway Specific Plan contains definitions, a land use plan,
development standards and design guidelines that sets the policy framework to guide development;
WHEREAS, The Farm in Poway Specific Plan requires that the City also amend the City's General Plan and Zoning Ordinance, including the General Plan Land Use Map and Zoning Map;
WHEREAS, The Farm in Poway Specific Plan will contain the zoning and land use
designations, development standards and design guidelines for future development within the
Specific Plan area;
WHEREAS, Chapter 17.06 of Title 17 (Zoning Development Code) of the Poway
Municipal Code (PMC) provides the requirements for the establishment and amendment of zoning districts;
WHEREAS, Chapter 17.46 of the PMC provides the requirements for the amendments to
the Zoning Development Code;
WHEREAS, on June 16, 2020, the City Council of the City of Poway also considered
approval of The Farm in Poway Specific Plan (SPP) 18-001 and associated entitlements General Plan Amendment (GPA) 19-001, Tentative Tract Map (TTM) 19-002, Development Review (DR)
19-001, and Conditional Use Permit Application (CUP) 19-005 as well as the certification of a
Final Environmental Impact Report (FEIR) (EA 19-001 ), a request to adopt a specific plan,subdivide 117 acres of land, and construct 160 homes with recreational, agricultural, and
commercial amenities and amending the land use designations as indicated in the Specific Plan
at the decommissioned StoneRidge Country Club;
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;
WHEREAS, this action will establish a new The Farm in Poway Planned Community
designation within Chapter 17.20 Planned Communities of the Poway Municipal Code;
WHEREAS, on June 16, 2020, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; and
WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented at the public
hearing.
3 of8 July 7, 2020, Item #10ATTACHMENT A
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: The above recitals are true and correct.
SECTION 2: A Final Environmental Impact Report (FEIR) (EA 19-001) was prepared for
The Farm in Poway Specific Plan (SPP) 18-001 and associated entitlements Zone Change (ZC)
19-001, Zoning Ordinance Amendment (ZOA) 20-001, General Plan Amendment (GPA) 19-001,Tentative Tract Map (TTM) 19-002, Development Review (DR) 19-001, and Conditional Use
Permit Application (CUP) 19-005. The City Council certified the FEIR at a duly noticed publichearing on June 16, 2020. This zone change and zoning ordinance amendment is made in
furtherance of, and consistent with, SPP 18-001 and is a required entitlement to allow
development of The Farm in Poway project, as specifically analyzed in the FEIR. Approval of ZC-19-001 and ZOA 20-001 is part of the City Council's June 16, 2020 approval of the entire The
Farm in Poway project.
SECTION 3: The City Council hereby approves this Ordinance, approving ZC 19-001
and ZOA 20-001, changing zoning and land use designations and amending certain sections of the City's Municipal Code as specified below, subject to its adoption by City of Poway voters at the November 2020 General Election. The City of Poway Zoning and General Plan Land Use
Map shall be amended to change the Zoning and General Plan Land Use designations for properties within the decommissioned StoneRidge Country Club as listed in Exhibit A from Open
Space-Recreation (OS-R) to The Farm in Poway Planned Community (PC-9) as shown in Exhibit
B.Removals are indicated with strikethroughs and additions are indicated with underline.
SECTION 4: Section 17.20.030(A) of the PMC shall be amended as follows:
17.20.030 Property development standards -General requirements.
A.Except as otherwise permitted herein, aA planned community zone shall include a
minimum area of 300 contiguous acres, under single ownership or otherwise subject tounified planning, by persons, corporations, or other entities. Property owned by public
utilities, local districts or local governments will not be counted toward the 300 acre
minimum, but may be used as a connector of single ownership.
SECTION 5: Section 17 .20.150 of the PMC shall be added as follows:
17.20.150 The Farm in Poway Planned Community.
The Farm in Poway Planned Community includes the area identified in The Farm in Poway Specific Plan which is intended to reflect the long-term vision and objectives for land use
development and public improvements within and adjacent to the StoneRidge neighborhood. The
Farm in Poway Planned Community includes the "Specific Plan area" as identified in The Farm in Poway Specific Plan. The Specific Plan is intended to create a master planned residential
"Sustainable Community" that permanently maintains and enhances the visual and recreational qualities of the existing StoneRidge residential neighborhood. The project area encompasses
approximately 117.18 acres and includes diversity of residential housing types on varying lot
sizes, supported by a range of community amenities surrounded by expansive scenic landscape,
recreational and agricultural uses.* *Editor's Note: PMC 17 .20.150 was added by Ordinance and was approved by the voters
at a general municipal election November 3, 2020. The language added shall not be modified or rescinded without the approval of a simple majority of the City voting at a special or general election.
4 of 8 July 7, 2020, Item #10
SECTION 6: The applicant shall defend, indemnify, and hold harmless the City, its
agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the
City or its agents, officers, or employees, relating to the issuance of any aspect of the project
approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to SPP 18-001, ZC 19-
001, ZOA20-001, GPA 19-001, TTM 19-002, DR 19-001, and CUP 19-005) and any
environmental document or decision made pursuant to CEQA (EA 19-001) and any portion of the ballot materials, ballot question, impartial analysis, arguments and rebuttals in favor of the project,
and any other challenge related in any way to the November 3, 2020 ballot measure concerning The Farm in Poway project approved by this Ordinance. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any
claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall
have the authority to control the litigation and make litigation-related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be
required to pay or perform any settlement unless such settlement is approved by applicant.
Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City.
SECTION 7: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any
reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have
adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 8: 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 the 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 Section
36933.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City
Poway, California, held the 16th day of June 2020, and thereafter
5 of 8 July 7, 2020, Item #10
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 7th day of July, 2020 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Faviola Medina, CMC, City Clerk
6 of 8 July 7, 2020, Item #10
Exhibit A
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Exi ting Zoning and L nd U e
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Exhibit B
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Proposed Zoning and Land Use
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July 7, 2020, Item #10
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