Ord 165ORDINANCE NO. 165
AN ORDINANCE OF THE CITY OF POWAY, CALT~ORNIA
ADOPTING AS AN URGENCY MEASURE AN INTERIM
ORDINANCE AMERI)ING SECPION 17.08.100.F
(ZONING DEVELOPMER~ CODE)
OF THE POWAY MUNICIPAL CODE
THE CITY COUREIL OF THE CITY OF PO~AY DOES HEREBY ORDAIN AS FOLLOWS:
S~CTION 1. Findings andDeclarationof Intent.
The City of Poway 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 the quality of life and the character of the
City's neighborhoods. The overburdening of sewer and water connections par-
ticularily within single family residentially zoned areas can quickly
deterioriate certain portions of the City.
Excess water and sewer connections associated with group residential housing
on single family residentially zoned parcels will cause such areas of the City
to deteriorate and result in a threat to public health, safety, and welfare. It
is the City's intent to protect and prcmote the health, safety, and general
welfare of the cc~munity by instituting a comprehensive ordinance that prohibits
the building of group residential housing on residentially single family zoned
properties. It is the further intent of the City to assure the compatibility
between group residential housing and the demand placed on public facilities and
the particular site and other existing and potential uses within the general
ar~as.
S~CTION 2. Urgency and Taking Effect.
The ordinance is an urgency ordinance and is for the i:~diate preservation
of the public peace, health, and welfare. The facts constituting the urgency
are these: the potential of approval for group residential housing on residen-
tial single family zoned properties is of great concern due to the immediate
impacts associated with overburdening of existing public utilities. A permanent
ordinance will not beccme effective sooner than thirty (30) days after its adop-
tion. It would be destructive of the proposed regulations if, during the period
prior to the effective date of the permanent ordinance, parties seeking to evade
the operation of these regulations in the form as may be adopted should be per-
mitted to operate in a manner which might progress so far as to defeat in whole
or in part the ultimate objectives of those regulations.
This ordinance shall take effect imuediately, and, in accordance with
Government Code Section 65858, shall be of no further force or effect on the
date that the above-mentioned permanent ordinance becomes operative, or forty-
five (45) days frcm the adoption hereof whichever is sooner, except as it may be
extended as provided by said Section 65858. 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 Po~ay News Chieftain, a newspaper
of general circulation published in the City of Poway.
Ordinance No. 165
Page 2
PASSED AND ADOI~rEo at a regular meeting of said City Council held the 23rd
day of April, 1985, by the following roll call vote:
AYES:
NOES:
ABSENT:
MarjorieK. Wahlsten, City Clerk
ERUSE, ORAVEC, SHEPARDSON, TARZY, EMERY
NONE