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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. Page Four 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. Page Five 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