Ord 101 RDINANCE NO. 101
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DELETING ORDINANCE 53 AND ADDING SECTION 5513
TO THE CITY OF POWAY ZONING ORDINANCE
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 May 10, 1983; 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; and
WHEREAS, the City of Poway and property owner Richard Kuebler have
reached agreement on the specific location of the flood detention basin
for the north branch of Poway Creek; and
NOW, THEREFORE BE IT ORDAINED the City Council of the City of Poway
does hereby ordain as follows:
SECTION 1
Ordinance No. 53 as adopted by the Poway City Council shall have no
force and effect upon the effective date of this Ordinance and Section
5513 is added to the City of Poway Zoning Ordinance as follows:
5513 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, with the exception of the upper and lower Poway Dams of
Poway Creek as shown in Figure 1 of the Floodwater Detention Basin
Study.
Specifically:
ae
be
Poway South Branch Dam as shown on Figure 1 of the Floodwater
Detention Basin Study.
Rattlesnake Dam as shown on Figure 1 of the Floodwater Detention
Basin Study.
c. Upper and lower Poway Dams of Poway Creek as shown in Figure 1 of
the Floodwater Detention Basin Study have been replaced by the
specific location described within the settlement agreement of
Decemeber 28, 1982, between the City of Poway and property owner
Richard Kuebler.
or as may be specifically detailed by the City Council in the future.
Ordinance 101
Page 2
SECTION 2
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.
SECTION 3
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.
SECTION 4
This ordinance shall take effect and shall be in force thirty (30) days
after the date of its passage; before the expiration of fifteen (15)
days after its passage, it shall be published once with the names and
members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation published in the City of Poway.
Introduced and first read at an adjourned regular meeting of the City Council
of the City of Poway held the 10th day of May, 1983, and thereafter PASSED
AND ADOPTED at a regular meeting of said City Council held the 17th day of
May, 1983, by the following roll call vote:
AYES:
COUNCILMEMBERS: EMERY, KRUSE, SHEPARDSON,
TARZY, ORAVEC
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Linda Oravec, Mayor
ATTEST:
Marjor~'e ~. Wahlsten, City Clerk