Res 92-166RESOLUTION NO. 92-166
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAYv CALIFORNI~v
SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY
AN ORDINANCE REQUIRING VOTER APPROVAL
OF L~ND USE CHANGES WHICH WOULD PERMIT
AN ASPID~LT PLANT IN THE
SOUTH POWAY PLAi~'NED COMMUNITY
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 3, 1992.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF POWAY AS FOLLOWS:
1. There shall be placed on the ballot of the General
Municipal Election of the City to be conducted November 3, 1992,
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
land use changes which would permit an
asphalt plant in the South Poway Planned YES
Community?
NO
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. 92-166
Page Two
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.
ATTEST:
MARJORIELK. WAHLSTEN, City Clerk
PASSED, ADOPTED, SIGNED AND APPROVED by the City Council of
the City of Poway at a regular meeting thereof this 4th day of
H, Mayor
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. 92-166 was duly adopted by the City Council at a
meeting of said City Council held on the 4th day of August ,
1992, and that it was so adopted by the following vote:
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NON E
ABSTAIN: NONE
ABSENT: NONE
MARJORIE ~K. WAHLSTEN, City Clerk
City of POway
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
REQUIRING VOTER APPROVAL OF LAND USE CHANGES
WHICH WOULD PERMIT AN ASPHALT PLANT
IN THE SOUTH POWAY PLANNED COMMUNITY
THE PEOPLE OF THE CITY OF POWAY DO ORDAIN AS FOLLOWS:
Section 1. Amendment of the Goals, Policies, and Strateqies
of the General Plan.
A. The Goals, Policies and Strategies of the General
Plan of the City of Poway shall be amended as hereafter set
forth in Sections 1-4 hereof. This amendment shall not be
modified or rescinded without the approval of a simple
majority of the votes of the City voting at a special or
general election.
Goal I:
The following Policy and Strategy shall be added to
Policy K - Industrial Planned Community Use. Uses
permitted in the South Poway Planned Community shall
preserve Poway's unique and desirable character and
maintain high environmental standards.
Strateqies.
1. Asphalt plants, if permitted in the South Poway
Planned Community, should maintain high environmental
standards including air quality impacts and traffic
impacts.
2. An asphalt plant in the South Poway Planned
Community shall only be permitted after voter approval.
C. The following Strategy shall be added to Goal II,
Policy A - Certainty:
Strateqies.
6. No general plan amendment, specific plan
amendment, zone change, tentative subdivision map, or
other discretionary land use decision shall be adopted
which would permit an asphalt plant within the South
Poway Planned Community 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
election.
EXHIBIT
ORDINANCE NO.
Page Two
D. Policy B - Manufacturing and Strategy 3 of Goal V
are amended and added as follows:
Policy B - Manufacturing. strive to achieve a
healthy manufacturing sector which is environmentally
sensitive as, where appropriate, approved by the voters.
Strategies.
3. Permit asphalt plants in the South Poway
Planned Community only after voter approval.
E. The following Strategy shall be added to Goal VI,
Policy E - Air, Water, and Soil Pollution:
Strateqies.
7. Permit asphalt plants in the South Poway
Planned Community only after voter approval.
Section 2. Amendment of the Land Use Element of the General
Plan.
The following should be added to the "FUTURE LAND USE -
Planned Community" section of the Land Use Element:
An asphalt plant in the South Poway Planned
Community shall only be permitted after voter approval.
Section 3. Amendment of the Transportation Element of the
General Plan.
The following should be added to the "NEEDS - 1.
Completion of the South Poway Expressway" section of the
Transportation Element:
An asphalt plant which would add slow-moving heavy
truck traffic carrying asphalt materials or products to
the South Poway Expressway shall only be permitted after
voter approval.
Section 4. Amendment of the Natural Resources Element of the
General Plan.
The following shall replace the last sentence of "LAND
RESOURCES - Minerals" section:
The manufacture of asphalt in connection with this
mineral resource requires the importation to the South
Poway Planned Community by heavy truck of large
quantities of petroleum-based and other products. Such
EXHIBIT
ORDINANCE NO.
Page Three
manufacture would have adverse effects on the South Poway
Expressway and the air quality of the planned community,
among others.
Section 5. Amendment of the South Poway Planned Community
SDecific Plan.
A. The South Poway Planned Community Specific Plan
shall be amended as hereafter set forth. This amendment shall
not be modified or rescinded without the approval of a simple
majority of the voters of the City of Poway voting at a
special or general election.
B. The following shall be added at the end of Section
II "LAND USE ELEMENT - B. Overall Development Program" of the
South Poway Planned Community Specific Plan:
No part of the acreage within the plan area is
devoted to an asphalt plant use. The General Plan of the
city acknowledges that such a use in the South Poway
Planned Community may have adverse environmental,
traffic, and other impacts. An asphalt plant in the
South Poway Planned Community shall only be permitted
after voter approval as provided in the Goals, Policies,
and Strategies section of the General Plan.
Section 6. 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
1 through Section 5 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
EXHIBIT
ORDINANCE NO.
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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 7. Construction. Nothing contained in this Ordinance
shall be construed to make illegal any lawful use presently being
made of any property. 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.
Section 8. 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 9. 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 effective ten (10)
days after that date.
PASSED the 3rd day of November, 1992, 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
EXHIBIT
ORDINANCE NO.
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ballot. ADOPTED the day of , 1992, 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
EXHIBIT