Item 9 - Second Reading of of Ord. 839 Amending PMC Code Sec. 5.02.080AGENDA REPORTCItYOfPOWaY
DATE: February 18, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Faviola Medina, City Clerk
CONTACT: (858) 668-4535 or fmedina@poway.org
CITY COUNCIL
SUBJECT: Second Reading and Adoption of Ordinance No. 839 entitled "An Ordinance of
the City of Poway, California, Amending Chapter 5.02 (Business Certificates) of
the Poway Municipal Code"
Summary:
The introduction and first reading of the above -entitled Ordinance was approved at a Regular City
Council Meeting on February 4, 2020. All Councilmembers were present. There were no speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading: AYES: MULLIN, LEONARD, GROSCH, FRANK, VAUS
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Recommended Action:
It is recommended that the City Council adopt Ordinance No. 839.
Environmental Review:
This Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA")
pursuant to Section 15282(h) of the CEQA Guidelines in that adoption of this ordinance is intended to
implement provisions of Section 65852.1 and 65852.2 of the Government Code regarding accessory
dwelling units.
Fiscal Impact:
None.
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Public Notification:
A public hearing summary notice was published in the Poway News Chieftain on Thursday, February
13, 2020. A second summary notice will be published in the same publication on Thursday, February
27, 2020. 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 839
Reviewed/Approved By:
iii
Reviewed By: Approved By:
Wendy' aserman Alan Fenstermacher Chris Hazeltine
Assistant City Manager City Attorney City Manager
2 of 4 ATTACHMENT A February 18, 2020, Item #9
ORDINANCE NO. 839
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTER 5.02 (BUSINESS
CERTIFICATES) OF THE POWAY MUNICIPAL CODE
WHEREAS, a new unfunded state mandate, Senate Bill 205 ("SB 205") amended the
California Business and Professions Code to require a person applying to a city or a county for
an initial business certificate or business certificate renewal, who conducts a business operation
that is a regulated industry, to demonstrate enrollment with the National Pollutant Discharge
Elimination System permit program by providing specified information, under penalty of perjury,
on the application;
WHEREAS, SB 205 would apply to all applications for initial business certificates and
business certificate renewals submitted on and after January 1, 2020;
WHEREAS, the Poway Municipal Code ("PMC") does not currently require all of the
information required by SB 205; and
WHEREAS, an amendment to section 5.02.080 of the PMC by adding subsection
5.02.080(A)(9) is necessary to reflect this requirement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
SECTION 1: The above recitals are true and correct, and are incorporated herein by
reference.
SECTION 2: The City Council hereby approves this Ordinance and amends section
5.02.080 of the PMC to add subsection 5.02.080(A)(9), which reads as follows:
9. The information required by Business and Professions Code section 16000.3, as may
be amended from time to time, which includes:
a. All primary Standard Industrial Classification Codes, as defined in Section
25244.14 of the Health and Safety Code, for the business.
b. Any of the following for each facility operated by the person of that business:
1. The stormwater permit number, known as the Waste Discharger Identification
number (WDID), issued for the facility by the State Water Resources Control
Board.
2. The WDID application number issued for the facility by the State Water
Resources Control Board.
3. The "notice of nonapplicability identification number" (NONA) issued for the
facility by the State Water Resources Control Board.
4. The "no exposure" certification identification number (NEC) issued for the
facility by the State Water Resources Control Board.
SECTION 3: This Ordinance shall be codified.
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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.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of
Poway, California, held the 4th day of February, 2020 and thereafter
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 18th day of
February, 2020 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Faviola Medina, CMC, City Clerk
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