Res 88-085RESOLUTION NO. 88-08.5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY
A REVISED 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
AND RESCINDING RESOLUTION NO. 88-050
WHEREAS, the City Council of the City of Poway has determined pursuant to
Elections 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; and
WHEREAS, the City Council wishes to modify the text of the ordinance which
it directed, by the terms of Resolution No. 88-050, be submitted to the voters
at said election.
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 of the City of Poway 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 permit
commercial or manufacturing use or increase
the residential density allowed by the law
now in effect; (2) a land use change in the
South Poway Planned Community if such change
would increase the residential density
allowed for the South Poway Planned Community;
(3) a land use change in the Old Coach Planned
Community if such change would increase the NO
residential density or increase the commercial
or manufacturing use allowed in the Old
Coach Planned Community?
Resolution No. 88-085
Page 2
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.
4. The ordinance 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.
5. That Resolution No. 88-050 is hereby rescinded.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting thereof this 2nd day of August, 1988.
ATTEST:
Marjor~e K. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) SS.
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. 88-085 was duly
adopted by the City Council at a meeting of said City Council held on the 2nd
day of August, 1988, and that it was so adopted by the following vote:
AYES: BRANNON, HIGGINSON, KRUSE, TARZY, EMERY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
MarjoriQ K~. Wahlsten, City Clerk
City of ~ay
R/Growth3-4/CP34.1
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 a simple majority of the voters of
the City voting 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 adopted 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 approved first by the City Council and then adopted 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 A
Ordinance No.
Page 2
Policy 6.a.
No change to Table 3 which would permit increased density or intensity of
use shall be adopted unless and until such change is adopted by ordinance
adopted by the voters of the City at a special or general election, or
approved first by the City Council and then adopted by the voters in such an
election.
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.
Policy 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
within the South Poway Planned Community shall be adopted unless and
until such change is approved by ordinance adopted by the voters of the
City at a special or general election, or approved first by the City
Council and then adopted by the voters in such an election.
Old Coach Area:
No change to the Old Coach Planned CoFF~rlunity Development Plan or to the
Poway Municipal Code which would increase the residential density or
increase the commercial or manufacturing use within the Old Coach
Planned Community shall be adopted unless and until such change is
approved by ordinance adopted by the voters of the City at a special or
general election, or approved first by the City Council and then
adopted by the voters in such an election.
D. The following Policy shall be added to the Land Use Element of the
General Plan:
EXHIBIT A
Ordinance No.
Page 3
Policy 7.i.
No change to the slope criteria and minimum parcel sizes and lot averaging
provisions of this General Plan which would permit increased density or
intensity of use shall be adopted unless and until such change is approved
by ordinance adopted by the voters of the City at a special or general elec-
tion, or approved first by the City Council and then adopted by the voters
in such an election.
Section 2. Amendment of the Zoning 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 a simple majority of the City voting 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
approved by the Poway City Council and then adopted 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 criteria 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
approved by the Poway City Council and then adopted 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 approved by the Poway
City Council and then adopted by the voters of the City at a special or
general election."
EXHIBIT A
Ordinance No.
Page 4
E. The following section shall be added as Section 17.22.0g0 of the Poway
Municipal 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 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 approved by the Poway City
Council and then adopted 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 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 approved by the Poway City
Council and then adopted 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 CoF~ml)unity 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 approved by the Poway City Council and
then adopted 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 and intensity of development in
the Old Coach Planned Community, no property located within the Old Coach
Planned Community 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 or increase the commer-
cial or manufacturing use permitted 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
approved by the Poway City Council and then adopted by the voters of the
City at a special or general election."
EXHIBIT A
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. In the event that the City Council approves a change, amendment,
subdivision map, or other land use decision which must, by the terms of this
Ordinance, be adopted by the voters of the City in order to become effective,
the City Council shall set such matter to election by placing it on the ballot
as a Council sponsored measure. No initiative petition shall be required to be
filed by the proponent of such measure.
D. In the event that the City Council does not first approve a change,
amendment, subdivision map, or other land use decision which must, by the terms
of this Ordinance, be adopted by the voters to become effective, the proponent
shall comply with all requirements of California Elections Code Division 5,
Chapter 3, commencing with Section 4000 of said Code, including qualification of
the measure by initiative petition, in order to have the measure placed on the
ballot.
E. The City Council shall set any election required by this Ordinance to
the next available 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 proponent and the proponent qualifies therefor, the City Council shall call
a special election, the cost of which shall be borne by the proponent, provided,
if permitted by State law, 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. For purposes of this section, "presently" shall mean as of the date
of the election at which the voters approve or disapprove this Ordinance.
EXHIBIT A
Ordinance No.
Page 6
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.
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/Growth7-12/CP27.1
EXHIBIT