Ord 53 ORDINANCE NO. 53 ~. ~.. ....
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DELETING ORDINANCES 9, 10, 31, 34, 51, and 52 AND
DELINEATING FLOOD DETENTION BASINS
FOR POWAY AND RATTLESNAKE CREEKS
WHEREAS, the City Council of the City of Poway has held a duly advertised
and noticed public hearing on February 2, 1982; and
WHEREAS, the owners and occupants of property in and within close proximity
of the floodplains of Poway and Rattlesnake Creeks have expressed their desire
to have the moratorium imposed by Ordinances 9, 10, 31, 34, 51 and 52 deleted
and rendered ineffective; and
WHEREAS, the City Council has commissioned, received and studied the results
of the City of Poway Floodwater Detention Basin Study for Poway and Rattlesnake
Creeks;
NOW, THEREFORE BE IT ORDAINED the City Council of the City of Poway does
hereby ordain as follows:
Section 1: Ordinances No. 9, 10, 31, 34, 51, and 52 as adopted by the Poway
City Council shall have no force and effect upon the effective date of this
Ordinance.
Section 2: Flood Detention Basins.
No development, subdivision, zoning application or building permit will be
issued, approved, or considered for issuance or approval that would
inhibit, prevent, or in any way preclude the location of detention basins
as described in "Floodwater Detention Basin Study" prepared August, 1981.
Specifically:
a. Upper and Lower Poway Dams on Poway Creek as shown in Figure 1 of the
Floodwater Detention Basin Study.
b. Poway South Branch Dam as shown on Figure 1 of the Floodwater
Detention Basin Study.
c. Rattlesnake Dam as shown on Figure 1 of the Floodwater Detention Basin
Study.
or as may be specifically detailed by the City Council in the future.
Section 3: The City Council of the City of Poway, California hereby finds
that this amendment will not have a significant effect upon the environment
and issues a Negative Declaration for this amendment.
ORDINANCE 53
PAGE 2
Section 4: If any portion of this Ordinance should be determined to be
unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, the remaining portions of this Ordinance shall continue in
full force and effect.
Introduced and first read at an adjourned regular meeting of the City
Council of the City of Poway held the 4th day of February, 1982 and thereafter
PASSED AND ADOPTED at a regular meeting of said City Council held the 16th day
of February 1982 by the following roll call vote:
AYES:
NOES:
COUNCILMEMBERS: EMERY, ORAVEC, SHEPARDSON, TARZY,
REXRODE
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
eft C. Emery,
ATTEST:
~arjorie~!Wahlsten, City Clerk