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Res 24-012RESOLUTION NO. 24-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING THE CITY'S GENERAL PLAN FOR THE HARMON RANCH SPECIFIC PLAN (SP) 22-0001 (GENERAL PLAN AMENDMENT (GPA) 22-0001); ASSESSOR'S PARCEL NUMBERS; 317-500-14-00, 317-500-13-00, 317-500-12- 00, 317-500-11-00, 317-500-09-00, 317-500-10-00, 317-500-03- 00, 317-500-02-00, 317-501-02-00 AND 317-501-01-00 WHEREAS, the Harmon Ranch Specific Plan (HRSP) contains definitions, a land use plan, development standards and design guidelines that sets the policy framework to guide development; WHEREAS, the HRSP requires that the City also amend the City's General Plan, including the General Plan Land Use Map and Zoning Map; WHEREAS, the HRSP will contain the zoning and land use designations, development standards and design guidelines for future development within the Specific Plan (SP) area; WHEREAS, the proposed amendments ensure consistency between the HRSP and the City's General Plan; WHEREAS, on April 2, 2024, the City Council of the City of Poway also considered approval of associated entitlements General Plan Amendment (GPA) 22-0001, Zone Change (ZC) 22-0001, Zoning Ordinance Amendment (ZOA) 24-0001, Tentative Tract Map (TTM) 22- 0001 and Development Review (DR) 22-0003 as well as the certification of a Final Environmental Impact Report (FEIR) (EA 23-0001), a request to adopt a specific plan, subdivide 11.5 acres of land, construct 63 new residences and preserve one locally designated historic home; WHEREAS, section 65350, et seq., of the California Government Code describes the procedures for amending General Plans; WHEREAS, on April 2, 2024, the City Council heal 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. follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as SECTION 1: The above recitals are true and correct. SECTION 2: A FEIR (EA 22-0001) was prepared for the HRSP SP 22-0001 and associated entitlements ZC 22-0001, ZOA 24-0001, GPA 22-0001, TTM 22-0001 and DR 22- 0003. The City Council certified the FEIR at a duly noticed public hearing on April 2, 2024. This General Plan amendment is made in furtherance of, and consistent with, SP 22-0001 and is a required entitlement to allow development of the Harmon Ranch project, as specifically analyzed in the FEIR. Approval of GPA 22-0001 is part of the City Council's April 2, 2024, approval of the Resolution No. 24-012 Page 2 entire Harmon Ranch project. SECTION 3: The City Council finds that this General Plan amendment is consistent with SP 22-0001, ZOA 24-0001 and the corresponding ZC 22-0001 and would maintain land use compatibility with the surrounding properties. SECTION 4: The City Council hereby approves GPA 22-0001, amending the General Plan land use designation of the project site from RS-7 to PC-10, and amending certain sections of the City's General Plan as specified below: H H H H H H H H H H H H Resolution No. 24-012 Page 3 SECTION 5: Table III-2 on Page 9 of the General Plan Community Development Element shall be amended as follows: POWAY COMPREHENSIVE PLAN: GENERAL f'L-AN TABLE III-2 DISTRIBUTION OF LAND USES LAND USE LAND USE CATEGORY ACRES PERCENT CATEGORY ACRES PERCENT l,. _INCORPQRATEp CLiY_ 22.SPHERE�ij`�fl UENLE Residential Residential RR -A 7,483 29.8 RR -A 2,136 100.0 RR-B 1,319 5.3 RR-C 3,207 12.8 SUBTOTAL 2,136 100.0 RS-1 33 0,1 RS-2 431 1.7 3_PLAKNING AREA RS-3 64 0.3 RS-4 583 2,3 Residential RS-7 1,31 1,303.5 5.2 RR -A 542 34.8 PRD 723 2.9 Ope.n_$Dace MHP 99 0.4 OS-RM 1017 65.2 RC 143 0.6 RA 81 0.3 SUBTOTAL_ 1,559 100.00 Comm_e_rcial CO 79 0.3 GRAND TOTAL 28,807 1 0 0 0 CN 3 - CG 217 0.9 CC 109 0.4 Ma of _ctudlig MS 36 0.2 Qpen_S.pace OS 50 0.2 OS-R 418 301 1.6 1.2 OS-RM 2,598 10.3 Special-Purpo PF 271 1.1 PC 3,T60.5 3,632-3-,-774-14-5 14.9 Transportation Corridors 2,218 8.8 COMMUNITY DEVELOPMENT - 9 INCLUDES ADMENDMENTS THROUGH GPA 96-02A GPA 19-ems GPA 22-0001 Resolution No. 24-012 Page 4 SECTION 6: Page 13 of the General Plan Community Development Element shall be amended as follows: POWAY COMPREHENSIVE PLAN: GENERAL PLAN parcel -specific issues can be addressed with creative solutions. I ht. These 1 There areas are currently designated Planned Community. They are Rancho Harmon Ranch Arbolitos, South Powa_�, and Old Coach. Rancohrbolitoincludes only single- family homes. The Old Coach area has been approved for estate single-family homes and a 27-hole golf course with club house. The distribution of land uses in South Poway is shown on Figure III-1. Public Facilities Public Facilities (PF): The Public Facilities designation is intended for lands containing privately and publicly owned facilities serving the needs of the general community, These include the schools, school district headquarters, fire stations, water treatment facility, City Hall and other similar uses. (Amended per GPA 93-01 A) Overlays AFFORDABLE HOUSING OVERLAY DESIGNATION (AH): In order to provide for adequate affordable housing sites in the community, the AH overlay designation is established and may be attached to property within any land use category, including non-residential categories, but not including the Open Space Resource - Management category. A specific plan must be prepared for each area carrying the AH designator-=T tf 6`se s pec ifi c—p Ians—may—allow—residential development at nesidentiaFrIensities-up-to 25- -dwelling-units per acre and must specify the income group or groups being targeted by each allowed density. The specific plan must also include conditions under which the parcel may be developed at the higher densities, including guarantees of affordability to the specified income categories and any design criteria necessary to ensure compatibility with surrounding development. Properties carrying the AH designator may be developed either according to the underlying zoning or once the specific plan is adopted, as affordable housing - according to the criteria set out in "the specific plan. Development at -the higher m density ay only occur -after -the specific plan is adopted. PROMINENT RIbGELINE (PR): This overlay is established for the protection of ridgelines witt special significance to the community. I Development is not permitted on tl�lese areas. the ca"Q of pi Opeles designated AH-M or the Development Code in the case of prop(�rtws designated AH-L. ;Amendment pee GPA 08-01 approved by 4esolul,an 08 072 adopted 08/19/2008.) �AH-M designator for moderate income (housing. These Specific Plans shall allow residential development at residential ,densities up to 30 dVJCllinU units.-. ;(Amendment per GPA 08-01 approved by Resolution 08-072 adopted 08/19/2008.) COMMUNITY DEVELOPMENT - 13 INCLUDES ADMENDMENTS THROUGH GPA 96-02A i9 601 GPA 22-0007 Resolution No. 24-012 Page 5 SECTION 7: 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 SP 22-0001, GPA 22- 0001, ZC 22-0001, ZOA 24-0001, TTM 22-0001 and DR 22-0003) and any environmental document or decision made pursuant to CEQA (EA 23-0001). 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 8: 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. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of April, 2024 by the following vote, to wit: AYES: DE HOFF, EDMONDSON, PEPIN, VAUS NOES: FRANK ABSTAINED: NONE ABSENT: NONE DISQUALIFIED: NONE Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Cl6rk