Ord 779ORDINANCE NO. 779
AN ORDINANCE TO EXTEND INTERIM URGENCY ORDINANCE
NO. 776 OF THE CITY OF POWAY, CALIFORNIA, ADOPTED
PURSUANT TO GOVERNMENT CODE SECTION 65858,
ESTABLISHING A MORATORIUM ON LAUNCHING, LANDING,
AND OPERATING UNMANNED AIRCRAFT SYSTEMS IN THE
OPEN SPACE — RECREATION (OS -R), OPEN SPACE — RESOURCE
MANAGEMENT (OS -RM), PLANNED COMMUNITY (PC), AND
RURAL RESIDENTIAL (RR -A THROUGH RR -C) ZONES IN THE
CITY OF POWAY.
WHEREAS, the City of Poway ( "City ") has adopted an ordinance regulating land
within the City ( "Zoning Ordinance ") as codified in Title 17 of the Poway Municipal Code
( "Municipal Code "); and
WHEREAS, the Municipal Code does not specifically address the use of areas
within the City where the launching, landing, and operating of unmanned aircraft
systems (as more particularly defined in Ordinance No. 776, and herein referred to as
"drones ") should be regulated; and
WHEREAS, the City is undertaking a study to assist with the City's determination
of whether launching, landing, and operating drones should be allowed in any zone, or
whether such uses should be prohibited in any or all zones; and
WHEREAS, Ordinance No. 776 was adopted by the Poway City Council on
September 1, 2015, as an interim urgency ordinance in order to temporarily prevent and
prohibit the launching, landing, and operation of drones in the Open Space — Recreation
(OS -R), Open Space — Resource Management (OS -RM), Planned Community (PC),
and Rural Residential (RR -A through RR -C) zones in the City until such reasonable time
as such detailed study by the City can be completed; and
WHEREAS, Ordinance No. 776, by its terms, is only effective until October 15,
2015, or such reasonable time as the study may be completed and any necessary
public hearing process is conducted and amendments to the Zoning Ordinance, or other
titles of the Municipal Code may be adopted, unless extended by ordinance of the City
Council following a public hearing, whichever shall first occur; and
WHEREAS, the City has not completed its study in time to allow for the City
Council to conduct its necessary public hearing, and to adopt any ordinance to amend
the Municipal Code, including, but not limited to, the Zoning Ordinance, and the
moratorium established by Ordinance No. 776 would expire unless extended for a
period of time up to an additional ten months and fifteen days; and
Ordinance No. 779
Page 2
WHEREAS, the notice and public hearing required by section 65858(a) of the
California Government Code for the extension of Ordinance No. 776 has been provided
in accordance with applicable law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY
DOES ORDAIN AS FOLLOWS:
SECTION 1: The City of Poway (the "City ") has an overriding interest in planning
and regulating the use of property within the City. Implicit in any plan or regulation is
the City's interest in maintaining and improving the quality of urban life and the
character of the City's neighborhoods, the prevention of hazardous activities to protect
against loss of life or property, and the effective provision of emergency services.
Without stable, well - planned neighborhoods; without effective regulations of hazardous
activities; and without planning for the effective provision of emergency services, areas
of the City can quickly deteriorate, with detrimental consequences to social,
environmental, and economic values. It is the intent of the City Council to assure that
all neighborhoods remain well - planned and that residents maintain a high quality of life.
This intent may be effectuated by a comprehensive study resulting in amendments to
the Zoning Ordinance or other Titles of the Municipal Code.
SECTION 2: The purpose of this ordinance is to extend the effectiveness of
Ordinance No. 776 by continuing a moratorium on launching into flight, operating, and
landing following flight, drones (as defined in Ordinance No. 776 and herein) in the open
space — recreation (OS -R), open space — resource management (OS -RM), planned
community (PC), and rural residential (RR -A through RR -C) zones in the City of Poway
until such reasonable time as a detailed study of the possible adverse impacts drones
might have on residential and commercial uses, may be made. Ordinance No. 776 was
adopted on September 1, 2015 as an urgency measure pursuant to Government Code
section 65858 for the immediate preservation of the public peace, health, and welfare.
The circumstances requiring the urgency measure continue to exist. The facts
constituting the urgency are these: The City of Poway has hundreds of acres of open
space and undeveloped property, both for recreation or resource management, all to
protect the sensitive fauna and flora in and around the City. Due to the abundance of
such open space areas, the location of such areas, and the frequency of high winds
combined with prevalence of combustible vegetation, the City is particularly susceptible
to wildfires, whether started in the City or outside of the City, and has recently
experienced wildfires within its boundaries, causing significant damage to life and
property.
SECTION 3: Ordinance No. 776 is hereby extended from October 15, 2015 to
August 30, 2016, a period not to exceed ten months and fifteen days, unless prior to
that date the above - mentioned amendment to the Zoning Ordinance, or amendment to
the Municipal Code, becomes operative, thereby rendering Ordinance No. 776
repealed, void, and of no further force and effect by operation of law.
Ordinance No. 779
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SECTION 4: The City Council of the City of Poway hereby declares that should
any section, paragraph, sentence, phrase, term or word of this ordinance, hereby
adopted, be declared for any reason to be invalid, it is the intent of the City Council that
it would have adopted all other portions of this ordinance irrespective of any such
portion declared invalid.
SECTION 5: This ordinance shall take effect immediately upon passage by a
4 /5ths vote of the City Council, and in accordance with Government Code section
65858 and Poway Municipal Code section 2.18.100 and will be of no further force or
effect on the date that the above - mentioned zoning ordinance or amendment to the
Municipal Code becomes operative, or after August 30, 2016, whichever is sooner,
except as may be extended as provided by said sections.
INTRODUCED, PASSED AND ADOPTED by the City Council of the City of
Poway, California at a regular meeting held the 6th day of October 2015.
e aus, Mayor
ATTEST:
Shell R. Cobian, CIVIC, City Clerk
Ordinance No. 779
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify that
the foregoing Ordinance No. 779, was duly adopted by the City Council at a meeting of
said City Council held on the 6t" day of October 2015, and that it was so adopted by the
following vote:
AYES: LEONARD, CUNNINGHAM, GROSCH, VAUS
NOES: MULLIN
ABSENT: NONE
DISQUALIFIED: NONE
Y &xW
Sheil . Cobian, CIVIC
City Clerk
City of Poway