Res 09-017
RESOLUTION NO, 09-017
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
REGARDING ANNUAL DESIGNATION OF AREAS
INAPPROPRIATE FOR SECOND DWELLING UNITS
IN SINGLE-FAMILY RESIDENTIAL ZONES
AND RESCINDING RESOLUTION NO. 08-023
WHEREAS, Section 1708.180 of the Poway Municipal Code provides that
second dwelling units may be located on the same lot as an existing single-family
dwelling, except in those areas of the City determined by Resolution to be inappropriate
for second units; and
WHEREAS, the Poway Municipal Code further provides that a Resolution shall
be adopted annually to designate which areas of the City do not have adequate water,
sewer or other municipal services for second dwelling units, or in which second units
would have a significant adverse impact on traffic flow; and
WHEREAS, the City has adopted a General Plan which establishes goals,
policies and strategies for the future development of the City; and
WHEREAS, the successful implementation of the goals, policies and strategies is
dependent on planned capacities of the infrastructure system, i,e., transportation,
wastewater, water, and drainage based on planned land use densities and intensities;
and
WHEREAS, it is the desire of the City to ensure that traffic does not exceed the
capacity of the street system; and
WHEREAS, additional residents will add to the traffic on roadway segments over
which they must travel to reach services such as commercia' establishments or
government facilities within the City, and this additional traffic will exacerbate the
congestion and delays, further reducing the Level of Service (LOS) below the current
inadequate levels; and
WHEREAS, the study concerning the adequacy of transportation facilities shows
that there are various segments of roadway which do not meet the LOS "0" minimum
requirements as shown in Exhibit A; and
WHEREAS, it is necessary for the public health, safety, and welfare to ensure
that the capacity of public utility systems is not exceeded; and
WHEREAS, the City of Poway has developed a Master Plan for infrastructure
systems to support residential, commercial and industrial development proposed within
the prescribed limit dictated by the General Plan and regional impacts from adjoining
communities; and
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Resolution No, 09-017
Page 2
WHEREAS, the City of Poway currently has a treatment capacity with the City of
San Diego totaling 5.1 million gallons per day (MGD); and
WHEREAS, based on current wastewater flows and General Plan build-out
conditions, the City of Poway will need approximately 6.1 MGD of contract treatment
capacity, along with corresponding transportation agreements; and
WHEREAS, each new secondary dwelling could be expected to add 250 gallons
per day of wastewater to the system; and
WHEREAS, the remaining contract wastewater capacity has been allocated to a
variety of categories and there exists no capacity for second dwelling units; and
WHEREAS, the North Basin Green Valley Creek Sewer Interceptor is at capacity
and will have to be replaced to provide sufficient capacity for General Plan build-out
conditions; and
WHEREAS, the wastewater pumping system includes several small pumping
stations and an area pumping station called North Basin Camino del Valle Pump
Station, which has a peak capacity of 1.2 MGD and has minima' reserve capacity, which
would be exceeded by additional dwelling units above current planned densities, which
could result in sewer overflows in the area, and
WHEREAS, the City's Sewer Master Plan has identified the areas of the City
where services are available as shown in Exhibit B.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: Pursuant to Section 17.08,180 of the Poway Municipal Code, the City
Council makes the following determinations for its annual review for designation of
areas within single-family residential zones deemed inappropriate for the establishment
of second dwelling units:
A Resolution No. 08-023 is hereby rescinded,
B Applications for second dwelling units will not be accepted if, at the point
of access, the arterial roadway providing the most direct access to the site
has a LOS less than "D", and hereby adopts Exhibit A depicting those
areas where second units may not be built at this time as a result thereof.
C Applications for second dwelling units will not be accepted for areas of the
City in which there is inadequate sewage treatment capacity and hereby
adopts Exhibit B depicting those areas where second units may not be
Resolution No. 09-017
Page 3
built at this time as a result of inadequate infrastructure or contract
capacity,
Section 2: This Resolution shall apply to any and all applications for second dwelling
units.
Section 3: The City Council will review these determinations annually, if appropriate,
and adopt revised maps at that time,
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 5th day of May 2009,
~
,~
Don Higginson, Ma 0
ATTEST:
, "2 ~
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No, 09-017, was duly adopted by
the City Council at a meeting of said City Council held on the 5th day of May 2009, and
that it was so adopted by the following votes:
AYES:
NOES:
ABSENT
DISQUALIFIED:
'C--;;
-----
Li , Troyan, MMC, City Clerk
ity of Poway
Resolution No. 09-017
Page 4
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