Loading...
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 c. Upper and lower Poway Dams of Poway Creek as shown in Figure 1 of the Floodwater Detention Basin Study have been replaced by the specific location described within the settlement agreement of Decemeber 28, 1982, between the City of Poway and property owner Richard Kuebler.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