Res 88-050RESOLUTION NO. 88- 050
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
SUBMITTING TO THE QUALIFIED ELECTORS
OF THE CITY AN ORDINANCE REQUIRING
VOTER APPROVAL OF LAND USE CHANGES
TO CERTAIN PROPERTY IF SUCH CHANGES
WOULD INCREASE THE DENSITY OR
INTENSIFY THE USE PERMITTED BY LAW
WHEREAS, the City Council of the City of Poway has determined pursuant to
Government Code Section 4017 to submit an ordinance to the qualified voters of
the City of Poway at the General Municipal Election to be held on November 8,
1988;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF POWAY AS
FOLLOWS:
1. There shall be placed upon the ballot of the General Municipal Election
of the City to be conducted November 8, 1988, that ordinance attached hereto,
marked Exhibit "A", and by reference made a part hereof.
2. That on the ballots to be used at said General Municipal Election, in
addition to any other matters required by law, and in addition to any other
matters specified in the resolution calling said election, there shall be
printed substantially the following:
Shall an ordinance be adopted which would
require voter approval of the following
types of land use changes: {1) a land
use change to any property in the City
zoned or designated rural residential or
open space if such change would increase
the density or intensify the use permitted
by the law now in effect; {2) a land use
change in the South Poway Planned Community
or in the Old Coach Planned Community, if
such change would increase the residential I~)
density permitted for the South Poway
Planned Community or the Old Coach Planned
Community.
3. That a cross {+} placed in the voting square after the word "YES" in
the manner hereinbefore provided shall be counted in favor of the adoption of
the ordinance. A cross {+} placed in the voting square after the word "NO" in
the manner hereinbefore provided shall be counted against the adoption of the
ordinance.
Resolution No. 88-050
Page 2
4. The ordJnance submitted by this resolution shall be designated on the
ballot by a letter printed on the left margin of the square containing the
description of the measure, as provided In Section 10219 of the Elections Code.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting thereof this 31st day of May, 1988.
Robert C. Emery, Mayor .~
ATTEST:
Marjorie ~(. Wahlsten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. 88- 050 was duly
adopted by the City Council at a meeting of said City Council held on the 31st
day of May, 1988, and that it was so adopted by the following vote:
AYES:
Kruse, Tarzy, Emery
NOES:
Brannon, Higginson
ABSTAIN: None
ABSENT: None
Marjorie K. Wahlsten, City Clerk
City of ~P~way
R/Growthl-2/CP34
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
REQUIRING VOTER APPROVAL OF LAND USE CHANGES
TO CERTAIN PROPERTY IF SUCH CHANGES WOULD
INCREASE THE DENSITY OR INTENSIFY THE
USE PERMITTED BY THE LAW IN EFFECT
ON THE DATE OF ADOPTION OF THIS ORDINANCE
THE PEOPLE OF THE CITY OF POWAY DO ORDAIN AS FOLLOWS:
Section 1. Amendment of the General Plan.
A. The Land Use and Open Space Elements of the General Plan of the City of
Poway shall be amended as hereinafter set forth. This amendment shall not be
modified or rescinded without the approval of the voters of the City at a
special or general election.
B. The following Objective and Policy shall be added to the Land Use
Element of the General Plan:
"Objective 20. Rural Residential and Open
Space Use Intensification.
Permitted land uses in the rural and open space areas of the City shall be
intensified only when the voters approve such changes, consistent with the
provision of the local public services and facilities.
Policy 20. No general plan amendment, zone change, tentative subdivision
map, or other discretionary land use decision shall be approved which would
increase the residential density permitted by law or change the residential
or open space zone or residential or open space general plan designation to
a commercial or manufacturing zone or general plan designation on property
designated RR-A, RR-B, or RR-C, O-S, or OS-R unless and until such action is
approved by ordinance adopted by the voters of the City at a special or
general election, or adopted first by the City Council and then by the
voters in such an election."
C. The following language shall be added to the following objectives and
policies of the Land Use Element of the General Plan:
"Objective 6. Rural Land.
The slope criteria and minimum parcel sizes of Table 3 shall not be changed
to allow increased density or intensity of use in rural residential or open
space areas unless the voters approve such a change.
EXHIBIT
Ordinance No.
Page 2
Policy 6.a.
No change to Table 3 which would permit increased density or intensity of
use shall be approved unless and until such change is approved by ordinance
adopted by the voters of the City at a special or general election, or
adopted first by the City Council and then by the voters in such an elec-
tion.
Objective 7. Rural Residential Land.
The slope criteria and minimum parcel size of rural residential and open
space areas and the lot averaging provisions set forth in this General Plan
shall not be changed to allow increased density or intensity of use in such
areas unless the voters approve such a change.
Objective 18. Special Study Areas.
Once established by the City Council, the residential density of the South
Poway Area and the Old Coach Area shall not be increased unless the voters
approve such a change.
Pollcy 18.a.
South Poway Area:
No change to the South Poway Planned Community Development Plan or to
the Poway Municipal Code which would increase the residential density,
once established by the City Council, within the South Poway Planned
Community shall be approved unless and until such change is approved by
ordinance adopted by the voters of the City at a special or general
election, or adopted first by the City Council and then by the voters
in such an election.
Old Coach Area:
No change to the Old Coach Planned Community Development Plan or to the
Poway Municipal Code which would increase the residential density, once
established by the City Council, within the Old Coach Planned Community
shall be approved unless and until such change is approved by ordinance
adopted by the voters of the City at a special or general election, or
adopted first by the City Council and then by the voters in such an
election.
D. The following Policy shall be added to the Land Use Element of the
General Plan:
EXHIBIT
Or'd1 nance No.
Page 3
Policy 7.i.
No change to the slope within and minimum parcel sizes and lot averaging
provisions of this General Plan which would permit increased density or
intensity of use shall be approved unless and until such change is approved
by ordinance adopted by the voters of the City at a special or general elec-
tion, or adopted first by the City Council and then by the voters in such an
election."
Section 2. Amendment of the Zonin9 Development Code.
A. The Zoning Development Code of the City of Poway, codified as Title 17
of the Poway Municipal Code, shall be amended by adding the language hereinafter
set forth. The language added hereby shall not be modified or rescinded without
the approval of the voters of the City at a special or general election.
B. The following language shall be added to Section 17.08.020 of the Poway
Municipal Code:
"In order to preserve the very low density residential character of such
property, no property zoned RR-A, RR-B or RR-C shall be rezoned to a zone,
nor shall any amendment to this Title 17 of the Poway Municipal Code be
adopted, which would increase the residential density on property so zoned
or change the uses permitted thereon to allow commercial or manufacturing
uses until and unless such rezoning or amendment is approved by ordinance
adopted by the voters of the City at a special or general election, or first
adopted by the Poway City Council and then by the voters of the City at a
special or general election."
C. The following language shall be added to Section 17.08.180{L) of the
Poway Municipal Code:
"The slope and minimum parcel sizes for property zoned RR-A, RR-B, and RR-C
shall not be modified to permit increased density or rescinded unless and
until such modification or rescission is approved by ordinance adopted by
the voters of the City at a special or general election, or first adopted by
the Poway City Council and then by the voters of the City at a special or
general election."
D. The following language shall be added to Section 17.08.180{0) of the
Poway Municipal Code:
"The lot averaging provisions of the Poway Municipal Code shall not be
modified to permit increased density or rescinded unless and until such
modification or rescission is approved by ordinance adopted by the voters of
the City at a special or general election, or first adopted by the Poway
City Council and then by the voters of the City at a special or general
election."
EXHIBIT
Ordinance No.
Page 4
E. The following section shall be added as Section [7.22.090 of the Poway
Hunlclpal Code:
"in order to preserve open space in the community, no property zoned O-S
shall be rezoned to any zone other than OS-R nor shall any amendment to thls
Title 17 of the Poway Hunlclpal Code be adopted which would increase the
residential density on property so zoned or change the uses permltted
thereon to allow commerclal or manufacturing uses unt11 and unless such
rezoning or amendment is approved by ordinance approved by the voters of the
City at a special or general electlon, or first adopted by the Poway City
Council and then by the voters of the City at a special or general
election."
F. The following section shall be added as Section 17.24.100 of the Poway
Municipal Code:
"In order to preserve open space in the community, no property zoned OS-R
shall be rezoned to any zone other than O-S nor shall any amendment to this
Title 17 of the Poway Municipal Code be adopted which would increase the
residential density on property so zoned or change the uses permitted
thereon to allow commercial OK manufacturing uses until and unless such
rezoning or amendment is approved by ordinance approved by the voters of the
City at a special or general election, or first adopted by the Poway City
Council and then by the voters of the City at a special or general
election."
G. The following section shall be added as Section 17.20.120 of the Poway
Municipal Code:
"In order to preserve the very low density character of the residential
portions of the South Poway Planned Community, no property located within
the South Poway Planned Community shall be rezoned to a zone, nor shall the
Poway Municipal Code or the South Poway Planned Community Development Plan
be amended in such a way, which would increase the residential density
within the South Poway Planned Community until and unless such rezoning or
amendment is approved by ordinance adopted by the voters of the City at a
special or general election, or first adopted by the Poway City Council and
then by the voters of the City at a special or general election."
H. The following section shall be added as Section 17.20.130 of the Poway
Municipal Code:
"In order to preserve the very low density character of the residential por-
tions of the Old Coach Planned Community, no property located within the Old
Coach Planned CO~lw))unity shall be rezoned to a zone, nor shall the Poway
Municipal Code or the Old Coach Planned Community Development Plan be
amended in such a way, which would increase the residential density within
the Old Coach Planned Community until and unless such rezoning or amendment
is approved by ordinance adopted by the voters of the City at a special or
general election, or first adopted by the Poway City Council and then by the
voters of the City at a special or general election."
EXHIBIT
Ordinance No.
Page 5
Section 3. City Council Action.
A. The City Council shall as quickly as permitted by law following the
adoption of this ordinance by the voters, take all actions required to carry out
the mandates of Section i and Section 2 hereof.
B. The City Council shall take all steps necessary to defend vigorously
any challenge to the validity or constitutionality of this ordinance.
C. The City Council shall set any election required by the ordinance to
the next general municipal election at no cost to the proponent of the land use
change requiring the election. If a special election is requested by such pro-
ponent, the City Council shall call a special election, the cost of which shall
be borne by the proponent, provided that the proponent shall first deposit the
estimated cost of such election with the City Clerk, and shall pay the actual
costs of such election within forty-five {45) days after the date thereof.
Section 4. Construction.
Nothing contained in this ordinance shall be construed to make illegal any
lawful use presently being made of any property, or to prohibit the further
development of any property in accordance with that property's present zoning
and general plan designation at a density and intensity presently permitted by
existing zoning and general plan standards. Nothing contained in this ordinance
shall be construed to require more than a simple majority vote for the adoption
of this ordinance or for the approval of any future measure required by this
ordinance.
Section 5. Severability.
If any section, sentence, clause, phrase, part, or portion of this ordinance
is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. It is hereby declared that this ordinance
and each section, subsection, sentence, clause, phrase, part, or portion
thereof, would have been adopted or passed irrespective of the fact that any one
or more sections, sentences, clauses, phrases, parts, or portions be declared
invalid or unconstitutional.
Section 6. Effective Date.
Pursuant to Elections Code Section 4013, this ordinance shall be considered
as adopted upon the date that the vote by the electorate of the City of Poway is
declared by the City Council, and shall become effectve ten {10) days after that
date.
EXHIBIT
Ordinance No.
Page 6
PASSED the ~day of , 1988, by the voters of the City of Poway,
California at a general election on that date in which approval or disapproval
of this ordinance appeared on the ballot. ADOPTED the __ day of ,
1988, by the City Council of the City of Poway, California upon the declaration
Of the vote at said general election.
ATTEST:
MARJORIE K. WAHLSTEN, City Clerk
O/Growthl-6/CP27
EXHIBIT