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Res 98-003RESOLUTION NO. 98-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA CONCERNING POWAY'S RIGHT TO ESTABLISH GROWTH POLICIES, CONTROLS AND POPULATION DENSITY LIMITS WHEREAS, Article Xl Section 5(a) of the California Constitution grants to cities supremacy over municipal affairs; and WHEREAS, Article VII Section 7 of the California Constitution grants to cities the power to make and enforce all local police, sanitary and other ordinances, including planning and zoning ordinances not in conflict with state law; and WHEREAS, the Planning and Zoning Law of the California Government Code delegates to cities the authority and responsibility to prepare, adopt and implement a comprehensive, long-term general plan for the physical development of its territory; and WHEREAS, the Poway General Plan establishes that it is the goal of the City of Poway to preserve Poway's unique and desirable character as "The City in the Country" through limiting population density and maintaining high quality design and environmental standards in all new development and redevelopment; and WHEREAS, the Poway General Plan further establishes that it is the goal of the City of Poway to enhance the well-being of Poway residents by providing opportunities for relaxation, rest, activity and education through a well-balanced system of private and public facilities distributed to serve the entire community; and WHEREAS, the Poway General Plan further establishes that it is the goal of the City of Poway to preserve its natural, scenic and cultural resources for the future benefit and enjoyment of its residents and to protect biological and ecological diversity; and WHEREAS, the City of Poway has implemented its General Plan through the adoption of its zoning ordinance embodied in Title 17 of the Poway Municipal Code which comprehensively regulates growth and density within the community; and WHEREAS, in November 1988 the voters of Poway adopted initiative Proposition FF which requires voter approval of any changes to land use designations, slope criteria, parcel size or zoning in the Rural Residential and Open Space categories; and WHEREAS, on August 15, 1995 the City Council of the City of Poway adopted the Poway Subarea Habitat Conservation Plan~Natural Community Conservation Plan which proposes to protect and preserve approximately 10,745 acres of natural habitat within the City of Poway. Resolution No. 98- 003 Page 2 NOW THEREFORE, the City Council of the City of Poway does hereby assert and affirm its constitutional and statutory right to establish growth policies, controls and population density limits for itself and confirms those policies which it has established. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 6th day of January, 1998. ATTEST: Don Higginson, I~layGr ~) o Marjor, ie ~. 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 the penalty of perjury, that the foregoing Resolution, No. 98-003 ,, was duly adopted by the City Council at a meeting of said City Council held on the 6t.h day of January , 1998, and that it was so adopted by the following vote: AYES: CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE Marjorie ~. Wahlsten, City Clerk City of poWay