June 4, 2024, Item #15DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway June 4, 2024 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk ~ Carrie Gallagher, City Clerk (858) 668-4435 or [email protected] CITY COUNCIL Second Reading and Adoption of Ordinance No. 869 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapters 17.08, 17.30 and 17.52 of the Poway Municipal Code to Eliminate the Minor Development Review Requirement for Certain Types of Projects" The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on May 21, 2024. There was one (1) speaker. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: Recommended Action: AYES: NOES: DE HOFF, EDMONDSON, PEPIN, FRANK, VAUS NONE ABSTAINED: NONE ABSENT: NONE DISQUALIFIED: NONE It is recommended the City Council adopt Ordinance No. 869. Environmental Review: None. Fiscal Impact: None. 1 of 6
June 4, 2024, Item #15Public Notification: A public hearing notice was published in the Poway News Chieftain on Thursday, May 9, 2024. An ordinance summary notice was published in the Poway News Chieftain on Thursday, May 30, 2024. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933. Attachments: A. Ordinance No. 869 Reviewed/Approved By: Assistant City Manager 2 of 6 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager
ORDINANCE NO. 869
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTERS 17.08, 17.30 AND 17.52 OF THE POWAY MUNICIPAL CODE TO ELIMINATE
THE MINOR DEVELOPMENT REVIEW REQUIREMENT FOR CERTAIN TYPES OF PROJECTS WHEREAS, the City Council of the City of Poway wishes to protect and preserve the quality of the residential and commercial areas of the City, as well as the quality of life throughout the City, through effective land use and planning, and process improvements; WHEREAS, the City Council of the City of Poway has determined it is unnecessary to require a Minor Development Review Application (MDRA) for the construction of a single home, additions, remodels, detached accessory structures and unlighted recreational courts in the City; WHEREAS, the City Council of the City of Poway directed City staff to prepare amendments to the Poway Municipal Code (PMC) to eliminate the MDRA requirement for the construction of a single home, additions, remodels, detached accessory structures and unlighted recreational courts in the City;
WHEREAS, City staff has prepared amendments to the PMC to eliminate the MDRA requirement for the construction of a single home, additions, remodels, detached accessory structures and unlighted recreational courts in the City; and WHEREAS, the PMC amendments are opportunities to cut red tape, improve efficiencies and reduce unnecessary costs and time associated with the development process, particularly for individual property owners trying to build a single home, complete an addition, remodel, a detached accessory structure, or build an unlighted recreational court.
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: The City Council hereby approves this Ordinance and amends certain sections of the PMC as specified below. Removals are indicated with strikethroughs. Additions are indicated with underlines.
SECTION 3: The City Council finds that this Ordinance amending the PMC is not a "Project" as defined under Section 15378(b)(5) of the California Environmental Quality Act (CEQA) State Guidelines; therefore, no environmental review is required.
SECTION 4: Section 17.08.180 of the PMC shall be amended as follows:
An accessory building or structure, attached to or detached from the main residence, shall be located on a lot that contains a main residence and shall comply with the setback, height and lot coverage requirements as contained in PMC 17.08.160 except as provided in this section. Except for an accessory dwelling unit or a junior accessory dwelling unit as described in subsection A of this section, a minor development review application shall be required for an accessory building or structure that results in new habitable space that is 750 square feet or larger. Except as ATTACHMENT A3 of 6 June 4, 2024, Item #15
June 4, 2024, Item #15Ordinance No. 869 Page 2 provided in subsection A of this section,'No accessory building or structure shall attach to a main residence unless setbacks for the main residence are complied with for all structures to be attached. SECTION 5: Section 17.08.180(C)(1) of the PMC shall be amended as follows: C.1. Size. On lots less than two net acres in size, a detached nonhabitable accessory building shall not be greater than 50 percent of the gross floor area of the living space of the main residence on the lot or 1,500 square feet, whichever is less. A garage with a gross floor area no greater than 600 square feet is permitted regardless of the living space of the main residence, if no other garage is located on the lot. A detached nonhabitable accessory building that does not exceed 50 percent of the gross floor area of the living space of the main residence on the lot but is greater than 1,500 square feet may be approved •,e,iith a minor development review permit pursuant to Chapter 17.52 PMC. On lots two net acres or more in size, the size limits for nonhabitable accessory buildings and garages do not apply. SECTION 6: Section 17.08.210(8) shall be amended as follows: B. A manufactured home may not be installed if more than 10 years have elapsed between the date of manufacture of the manufactured home and the date a complete minor development revfew permit application for installation of that home is received. SECTION 7: Section 17.30.010(A) shall be amended as follows: A. Unlighted private recreational courts may be permitted as an accessory use in single-family zones, subject to the standards contained in PMC 17.30.020.:. and to the approval of a minor development review by the Director of Development Services. SECTION 8: Section 17.52.050(A) shall be amended as follows: A. The Director shall have the authority to approve, deny or modify applications for minor development review projects as designated below: 1. Single family homes not •,e,iithin a tract subdivision, i.e., custom homes. 2. Construction of an addition to a single family home, a detached accessory building and/or reconstruction of a single family home which results in more than an additional 750 square feet of habitable space. This section shall also apply to multiple additions if, in any 12 month period, a building permit is issued for more than one addition to a single family home or detached accessory building and the total square footage of the approved additions results in more than an additional 750 square feet of habitable space. If the construction of an addition that is less than 750 square feet of habitable space has received final approval from the City at least one year prior to the submittal of a request for a new addition of habitable space, the square footage of the prior addition shall not count toward the 750 square foot threshold. 3. On lots less than two net acres in size, the construction of a detached nonhabitable accessory building that does not exceed 50 percent of the gross floor area of the living space of the main residence on the lot but is greater than 1,500 square feet gross floor area, as allowed pursuant to PMC 17.08.180(C)(1 ). 4 of6
June 4, 2024, Item #15Ordinance No. 869 Page 3 .1_4. Remodeling, alterations or additions of commercial and industrial buildings that total less than 10,000 square feet of gross floor area or 25 percent of the gross floor area of an existing building on the site, whichever is more restrictive. 2.5. Construction or alteration of utility facilities in, on, over, upon, across, and along the public streets and public rights-of-way within the City of Poway shall require approval of a minor development review permit from the Director of Development Services if the facilities include a surface-mounted cabinet with a dimension (width, height, or length) greater than 36 inches, or where more than one cabinet of any size is located closer than 100 feet to another cabinet of any size. Exempt from this requirement are facilities placed underground. The applicant shall comply with the "Guidelines for the Placement of Utility Facilities in the Public Rights-of-Way." SECTION 9: 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 10: 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 II II II II II II II II II II II
June 4, 2024, Item #15Ordinance No. 869 Page 4 INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Poway, California, held the 21st day of May, 2024 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 4th day of June, 2024 by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 6 of6