Ord. 865ORDINANCE 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 strikethpough:
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 10
GaleRdar days 61RIess a request for a rehearing is flied OR aGGOrdaRGe With Chapter
2.�c.
Ordinance No. 865
Page 2
SECTION 4: Section 16.10.060 of the PMC is hereby amended as follows, additions in
underline, and deletions in stF*kethrei gI :
16.10.060 City Council action ReheaFiRg
The City Council's action to approve, conditionally approve or deny a tentative map
is final and effective upon City Council approval within 10 r•nleRdar days Unless
request fnr a reheaFinn is filer) in a GGE)rdaRGe with Chapter 2.21 PMQ
SECTION 5: Section 17.40.050(B) of the PMC is hereby amended as follows, additions
in underline, and deletions in strikethreugh:
17.40.050 Enforcement - Referral - I' —rhea; iRg
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 withiR
GaleRdar days WRIess a request fer a reheaPiRg is filed iR a-Gr--n-1rd1-:;Rr-,e With Ghapte
2.�v.
SECTION 6: Section 17.46.080 of the PMC is hereby amended as follows, additions in
underline, and deletions in strikethro gh:
17.46.080 City Council action -- Rehearing
The decision of the City Council is final and effective upon City Council approval
WithiR 4 0 GaIeRdaF days 61RIess a request for a reheaFiRg is filed on aGGGF-aRGe With
Chapter 2.21 poor
SECTION 7: Section 17.47.080 of the PMC is hereby amended as follows, additions in
underline, and deletions in strikethreu gh:
17.47.080 City Council action -- ReheaFing
The decision of the City Council is final and effective upon City Council approval
WithiR 10 GaIeRdaF days URIess a request fE)F a FeheaFiRg is filed on aGGGFdaRGe with
Qhapter 2.21 PMG
SECTION 8: Section 17.48.060(B) of the PMC is hereby amended as follows, additions
in underline, and deletions in str0kethrei gI :
B. 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 w othin 10 Galendar days unless a request for rehearing is filed in
nnnnrdanne with Chapter 2.21 P-M4'
SECTION 9: Section 17.50.100 of the PMC is hereby amended as follows, additions in
underline, and deletions in strikethmugh:
Ordinance No. 865
Page 3
17.50.100 City Council action - "- "g
The decision of the City Council is final and effective upon City Council approval
WithiR 10 GaIeRdaF days 61RIess a request feF a FeheaFiRg is filed in aGGE)rdaRGe With
Chapter 2.21 PMG
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 protect 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.
Ordinance No. 865
Page 4
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:
DE HOFF, EDMONDSON, PEPIN, FRANK, VAUS
NOES:
NONE
ABSTAINED:
NONE
ABSENT:
NONE
DISQUALIFIED:
NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CM City Clerk