ORDINANCE NO. 865
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTERS 2.21 , 13.12,
16.10, 17.40, 17.46, 17.47, 17.48 AND 17.50 OF THE POWAY
MUNICIPAL CODE TO ELIMINATE THE REHEARING
PROCEDURE AND AMENDING CHAPTER 17.02 TO REQUIRE
COST RECOVERY FOR PUBLIC NOTICING OF PRIVATE
DEVELOPMENT PROJECTS
WHEREAS, City staff and the City Attorney's Office have been progressively analyzing the Poway Municipal Code ("PMC") and recommending updates where appropriate; WHEREAS, the City Council of the City of Poway wishes to ensure that City resources, including City staff time, is used as efficiently as possible, and that duplication is avoided; WHEREAS, the City Council of the City of Poway has determined that the rehearing process set forth in Chapter 2.21 of the PMC is unnecessary, and that it is very unlikely the sufficient new and different information not available at a previous hearing would ever become available within 10 days after that hearing;
WHEREAS, the City Council of the City of Poway believes that the most appropriate forum for aggrieved persons to contest its decisions is in the Superior Court, rather than a rehearing in front of the City Council;
WHEREAS, the City Council of the City of Poway desires that both property owners and occupants within 500 feet of certain projects that require a public hearing receive advance notice of that hearing, but has also determined that the City should not bear the costs of noticing for private development projects, as it current does; and
WHEREAS, the City Council of the City of Poway is attempting to come closer to full cost recovery, and does not believe it is in the public's interest to bear costs on behalf of private, for- profit developments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: Chapter 2.21 of the PMC is hereby deleted in its entirety.
SECTION 3: Section 13.12.110 of the PMC is hereby amended as follows, additions in underline, and deletions in strikethrough:
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13.12.110 Conditional use permit -City Council action.
The City Council may grant by resolution a conditional use permit as the permit was applied for or in modified form, or the application may be denied. The decision of the City Council is final and effective upon City Council approval within 1 O calendar days unless a request for a rehearing is filed in accordance 1Nith Chapter
2.21 PMC.
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Ordinance No. 865
SECTION 4: Section 16.10.060 of the PMC is hereby amended as follows, additions in underline, and deletions in strikethrough:
16.10.060 City Council action Rehearing
The City Council's action to approve, conditionally approve or deny a tentative map is final and effective upon City Council approval within 10 calendar days unless a request for a rehearing is filed in accordance with Chapter 2.21 PMC.
SECTION 5: Section 17.40.050(8) of the PMC is hereby amended as follows, additions in underline, and deletions in strikethrough:
17.40.050 Enforcement -Referral Rehearing
In cases where a request for a permit has been referred to the City Council for decision, its action is final and effective upon City Council approval within 10 calendar days unless a request for a rehearing is filed in accordance with Chapter
2.21 PMC.
SECTION 6: Section 17.46.080 of the PMC is hereby amended as follows, additions in underline, and deletions in strikethrough:
17.46.080 City Council action Rehearing
The decision of the City Council is final and effective upon City Council approval within 10 calendar days unless a request for a rehearing is filed in accordance with Chapter 2.21 PMC .
SECTION 7: Section 17.47.080 of the PMC is hereby amended as follows, additions in underline, and deletions in strikethrough:
17.47.080 City Council action Rehearing
The decision of the City Council is final and effective upon City Council approval within 10 calendar days unless a request for a rehearing is filed in accordance with Chapter 2.21 PMC.
SECTION 8: Section 17.48.060(8) of the PMC is hereby amended as follows, additions in underline, and deletions in strikethrough:
8. Variations from regulations prescribed elsewhere in this chapter for fences , walls, hedges, screening and landscaping; site area, width and depth; front, rear and side yards; coverage; height of structures; distances between structures; usable open space; signs; off-street parking facilities or frontage on a public street, shall be separately administered in accordance with the procedures in Chapter
17.50 PMC. The decision of the City Council is final and effective upon City Council approval 1.vithin 1 O calendar days unless a request for rehearing is filed in accordance with Chapter 2.21 PMC.
SECTION 9: Section 17.50.100 of the PMC is hereby amended as follows, additions in underline, and deletions in strikethrough:
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17 .50.100 City Council action Rehearing
Ordinance No. 865
The decision of the City Council is final and effective upon City Council approval 1,e,iithin 10 calendar days unless a request for a rehearing is filed in accordance with Chapter 2.21 PMC.
SECTION 10: Section 17.02.06 is hereby added to Chapter 17.02 of Title 17 (Zoning) of the PMC, to read as follows:
17.02.060 Public Noticing
A. For all public hearings where the City is required to give notice of the hearing by mail or delivery under any provision of the PMC to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within a certain distance of the property subject to the public hearing, notice shall also be provided to the occupants of those same properties.
B. The project applicant shall bear all costs of providing notice required by this Section 17.02.060, as well as all other public notices required pursuant to any other section of the PMC.
SECTION 11: The City Council finds that this Ordinance is not a "project" pursuant to the California Environmental Quality Act ("CEQA").
SECTION 12: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.
SECTION 13: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. 5 of6
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April 2, 2024, Item #3
Ordinance No. 865
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Poway, California, held the 19th day of March, 2024, and thereafter.
PASSED AND ADOPTED at a regular meeting of said City Council held the 2nd day of April, 2024, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMG, City Clerk
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