Item 9 - Second Reading and Adoption of Ordinance No. 842DATE:
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. 842 entitled "An Ordinance of
the City of Poway, California, Approving The Farm in Poway Specific Plan (SPP)
18-001; 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. 842.
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 Specific
Plan. The Final EIR concludes that the potential impacts 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.
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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 842
Reviewed/ Approved By:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
July 7, 2020, Item #9
ORDINANCE NO. 842
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE FARM IN POWAY
SPECIFIC PLAN (SPP) 18-001; 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 17.47 (Specific Plan Regulations) of Title 17 (Zoning Development Code) of the Poway Municipal Code (PMC) provides for the preparation and adoption of specific
plans in accordance with section 65450, et seq., of the California Government Code (Article 8, Specific Plans);
WHEREAS, two neighborhood meetings, one public Environmental Impact Report (EIR) scoping meeting, and two meetings with community groups were held to solicit input on how The
Farm in Poway Specific Plan should guide development within the decommissioned StoneRidge Country Club area;
WHEREAS, the Vision Framework of the Specific Plan includes policies, strategies and actions that will encourage and support a mix, density, and orientation of land uses to create a
sustainable community with diverse places for people to live, work, and recreate including
agricultural opportunities;
WHEREAS, on June 16, 2020, the City Council of the City of Poway also considered approval of associated entitlements General Plan Amendment (GPA) 19-001, Zone Change (ZC)
19-001, Zoning Ordinance Amendment (ZOA) 20-001, Tentative Tract Map (TTM) 19-002,
Development Review (DR) 19-001, and Conditional Use Permit Application (CUP) 19-005 as wellas 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 inthe 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, 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
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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 UsePermit Application (CUP) 19-005. The City Council certified the FEIR at a duly noticed publichearing on June 16, 2020. This is a required entitlement to allow development of The Farm in
Poway project, as specifically analyzed in the FEIR. Approval of SPP 18-001 is part of the CityCouncil's June 16, 2020 approval of the entire The Farm in Poway project.
SECTION 3: The City Council finds that the specific plan is consistent with the purposes of Chapter 17.47 of the Poway Municipal Code, the General Plan, and development policies of
the City.
SECTION 4: The City Council hereby approves this Ordinance, approving and adopting
The Farm in Poway Specific Plan (SPP) 18-001 included as "Exhibit A" to this Ordinance available on file in the Office of the City Clerk with the amendments to the original version of the Specific
Plan released in February 2020, changing the governing policies and regulations to be in
accordance with The Farm in Poway Specific Plan for the decommissioned StoneRidge Country Club area, subject to its adoption by City of Poway voters at the November 2020 General Election.
Removals are indicated with strikethroughs and additions are indicated with underline.
SECTION 5: Section 1.1, paragraph 1, of The Farm in Poway Specific Plan shall be
amended as follows:
1 . 1 Specific Plan Purpose and Authority
The Farm in Poway Specific Plan provides a permanent solution to revitalizing a defunct
and blighted property located in the heart of an existing residential community. Limited development of compatible residential homes and associated recreational uses provide the income necessary to finance the proposed improvements and replace the recreational
opportunities the golf course once provided. A newly established Community Association will ensure that the proposed open space areas, which are important to existing residents, will be
permanently maintained and managed with minimal fiscal impacts to the City of Poway. +Rese
permanent >.vell maintained, open space areasFurthermore, The Farm in Poway has been conditioned to require the execution of permanent deed restrictions restricting future development
of the open space to that specified in this Specific Plan and prohibiting future increases in
residential density >.viii be deed restricted to prevent any additional homes from being developed in perpetuity. Pursuant to State law, all new single-family lots must be permitted to allow an
accessory dwelling unit (ADU) and a junior accessory dwelling unit (JADU). The Specific Plan
includes guidelines and standards to encourage ADUs to be thoughtfully designed to preserve the privacy of existing residents and the character of the Specific Plan area and surrounding
neighborhoods. Furthermore, the Specific Plan establishes development standards, design guidelines, and performance standards to make certain all new development and activities within open space areas are compatible with existing single-family uses that surround the site.
follows:
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SECTION 6: Section 3.2 of The Farm in Poway Specific Plan shall be amended as
3.2 Open Space Land UseRegulations
July 7, 2020, Item #9
Two Open Space land use districts support the development of the rural master planned
community envisioned by the Specific Plan and include the following purpose and intent:
Open Space -Conservation (OS-CJ is designed to permanently preserve the open
space amenities that provide the rural setting for the existing neighborhood and a new residential
master planned community. These open space areas serve as a physical and visual buffer between existing residential uses and new residential development, maintaining neighbor's
privacy and providing the visual backdrop for the new community. Parcels designated as OS C shall be deed restricted to ensure that they are preserved as open space in perpetuity. Parcels
designated as OS-C may be planted with landscaping, agriculture or naturalized open space areas.
The Open Space -Recreation (OS-R) is intended to replace the recreational amenities once provided by the golf course to support new and existing residential uses within and around
the Specific Plan area. Recreational amenities include social, recreational, and educational uses
that support healthy and active lifestyles, promote lifelong learning and community education, and encourage ecological stewardship.
Parcels designated as OS-C and OS-R shall be deed-restricted to ensure that future development is restricted to that specified in the Open Space Land Use Regulations in perpetuity.
SECTION 7: Table 3.2 of The Farm in Poway Specific Plan (Permissible Open Space Uses) shall be amended changing Beekeeping with one to three or four or more beehives to a
prohibited activity in both the OS-C and OS-R Land Use Designations.
SECTION 8: Section 3.3 of The Farm in Poway Specific Plan shall be amended as
follows:
3.3 Residential Land Use Regulations
Five Residential land use districts allow for the development of a range of residential
homes of varying configurations and sizes and include the following purpose and intent:
•Residential Twin (R-T) consists of two single-family attached homes adjoined
along a common property line.
•Residential Cottage (R-C) includes a group of two to four single-family homesgrouped together around a shared motor court. Similar to traditional farmsteads, these consist of
an enclave of buildings that are designed to relate to one another. Residential Farmsteads offer
a unique opportunity to create a neighborhood within a neighborhood.
•Residential Garden (R-G) includes traditional single-family homes that take direct
access from a private street.
Residential Homesteads (R-H) are single-family homes located within the
VHFHSZ. As such, they maintain significantly larger building separation that resembles those found on rural Homesteads.
•Residential Meadows (R-M) are large single-family homes situated on traditionallots with conventional setbacks.
All residential properties shall be deed restricted to prevent any future increase in residential density in perpetuity.
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•
SECTION 9: Table 3.9 of The Farm in Poway Specific Plan (Lot Development Standards in R-H) shall be amended adding a footnote to Building Height noting "Second story balconies
facing the side or rear property lines for Lots 125 to 129 as indicated on the Civil Drawings approved June 16, 2020, are prohibited."
SECTION 10: Section 8.1 of The Farm in Poway Specific Plan shall be amended as follows:
8. 1 Implementation
Implementation of the Specific Plan requires the approval of a Tentative Map, Development Plan, and Final Map by City Council followed by a voter approval pursuant to the
Proposition FF. Once approved and upon review and issuance of grading permits the site will
be graded in accordance with Section 7.1. Grading is anticipated to begin as early as November 2021 and will be completed in one phase. Grading activities are anticipated to last approximately one year. Trails will be established as part of the grading.
Construction of homes and most major amenity buildings will be phased over approximately 3-
5 years. Phases are anticipated to occur as shown in Exhibit 8.1: Conceptual Building
Construction Phasing; however, phases may occur non-sequentially and/or concurrently depending upon market conditions at the time of construction.
The Farm in Poway has been conditioned to require the execution of permanent deed
restrictions restricting future development of the open space restricted to that specified in the
Open Space Land Use Regulations of this Specific Plan and prohibiting future increases in residential density in perpetuity.
SECTION 11: 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 12: 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
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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 13: In accordance with PMC Section 17.47.100, following the approval of a
specific plan, a deed restriction indicating that the specific plan approval runs with the subject
property shall be recorded.
SECTION 14: 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
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
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