Ord. 867ORDINANCE NO. 867
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
RESIDENTIAL SINGLE FAMILY 7 (RS-7) TO THE HARMON
RANCH PLANNED COMMUNITY (PC-10) WITH RELATED
AMENDMENTS TO THE POWAY MUNICIPAL CODE FOR THE
HARMON RANCH SPECIFIC PLAN (SP) 22-0001 (ZONE
CHANGE 22-0001, ZONING ORDINANCE AMENDMENT 24-
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 of Poway (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 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 April 2, 2024, the City Council also considered approval of the HRSP SP
22-0001 and associated entitlements GPA 22-0001, TTM 22-0001 and DR 22-0003 as well as
the certification of the 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, the City Council finds that the 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 (CEQA);
WHEREAS, this action will establish the Harmon Ranch Planned Community designation
within Chapter 17.20 Planned Communities of the PMC;
WHEREAS, on April 2, 2024, 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.
Ordinance No. 867
Page 2
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: A FEIR (EA 23-0001) was prepared for the HRSP SP 22-0001 and
associated entitlements GPA 22-0001, ZC 22-0001, ZOA 24-0001, TTM 22-0001 and DR 22-
0003. The City Council certified the FEIR at a duly noticed hearing on April 2, 2024. This zone
change 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 ZC 22-0001 and ZOA 24-0001 is a part of the City Council's April 2, 2024, approval of the entire
Harmon Ranch project.
SECTION 3: The City Council hereby approves this Ordinance, approving ZC 22-0001
and ZOA 24-0001, changing zoning and land use designations and amending certain sections of
the City''++sCCM^^uuniici^^pal Code as specified below. n'
SEGT..�F�`i�-4-SeGtOG ,47.20.03 (A) of the DMAG shall be nmeRds ern sfel�4s�17.20 .
Rr�per#� development. .+ dam _ General requirerne tF. Intentionally omitted.
SECTION 5: Section 17.20.160 of the PMC shall be added as follows: 17.20.160 Harmon
Ranch Planned Community - The Harmon Ranch Planned Community includes the area identified
in the Harmon Ranch Specific Plan which is intended to reflect the long-term vision and objectives
for the land use development and public improvements within and adjacent to the project area.
The Harmon Ranch Planned Community includes the "Specific Plan Area" as identified in the
Harmon Ranch Specific Plan, which includes 63 new single-family homes and 3.2 acres of open
space consisting of protected and usable areas. The protect will preserve a locally designated
historic sinale-familv home.
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 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 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
Ordinance No. 867
Page 3
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 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.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of
Poway, California, held the 2nd day of April, 2024, and thereafter.
PASSED AND ADOPTED at a regular meeting of said City Council held the 16th day of
April, 2024, by the following vote, to wit:
AYES: DE HOFF, EDMONDSON, VAUS
NOES: FRANK
ABSTAINED: NONE
ABSENT: PEPIN
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST: