Ord 246ORDINANCE NO. 246
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
RESCINDING ORDINANCE 217 PLACING A MORATORIUM ON THE
ISSUANCE OF LETTERS OF SEWERAGE AVAILABILITY
AND ON PROJECT APPROVALS AND PERMITS
WITHOUT A LETTER OF SEWERAGE AVAILABILITY
WHEREAS, Chapter 13.08 of the Poway Municipal Code provides for the
issuance of letter of availability for sewerage capacity to a parcel with an
approved project as defined in said Chapter; and
WHEREAS, on September 28, 1987 the City of San Diego approved a one
million gallon per day capacity increase; and
WHEREAS, seven hundred seventy thousand gallons per day of said capacity
increase is available for issuance upon expiration of said moratorium.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS
FOLLOWS:
Section 1. Ordinance No. 217 is hereby rescinded. Notwithstanding any
other provision of Chapter 13.08 to the contrary, letters of availability for
sewage capacity from the seven hundred seventy thousand gallons per day
available as of the effective date hereof shall be issued only in accordance
with the terms of this ordinance.
Section 2. Letters of Availability for sewage capacity shall be issued
for commercial, industrial, and residential projects upon City approval of a
tentative map, conditional use permit, development review, minor development
review, variance or building permit until the following capacity is committed:
1. Residential
A. Residential projects in the pipeline
B. Failing septic systems
C. Custom homes on vacant lots within the RDA
D. Custom homes not within the RDA
E. Subdivisions within the RDA
F. TOTAL RESIDENTIAL
276 units 71,800 GPD
125 units 32,500 GPD
80 units 20,800 GPD
64 units 16,600 GPD
265 units 68,900 GPD
810 units 210,600 GPD
2. Commercial 775,834 SF 100,900 GPD
3. Industrial 162.6 acres 406,500 GPD
4. Other Projects 200 EDUs 52,000 GPD
Section 3. No capacity shall be allocated from any category or sub-
category of use set forth in Section 2 hereof in excess of the amounts set forth
therein unless allocated by the City Council from the category entitled "Other
Projects."
Ordinance No. 246
Page 2
Section 4. No capacity shall be allocated to any project from the cate-
gory entitled "Other Projects" unless approved by resolution of the City
Council. The capacity in said category shall be available for allocation to any
type of project for which capacity is not specifically provided in Section 2
hereof and to any type of project for which provision is made in Section 2
hereof after that provision has been fully consumed. In determining whether or
not to allocate capacity from said category, the City Council shall consider
whether or not any provision was made in Section 2 hereof for such a project,
the benefit to the community accruing from such a project, and the damage to the
property owner, if any, which would result from denying allocation to the
project.
Section 5. Until additional capacity is allocated to such projects,
sewage capacity shall be issued to industrial and commercial developments in the
Pomerado Business Park upon approval of a tentative map or development review up
to a maximum of 406,500 GPD in the Metro Sewage Treatment system and 825,300 GPD
in the future City of Poway Water Reclamation Plant. Capacity shall be split 33
percent in the Metro System and 67 percent in the future City of Poway Water
Reclamation Plant or future Metro System capacity. Sewage capacity in excess of
33% of any such project shall not be issued until capacity in excess of the
770,000 GPD available as of the adoption of this Ordinance becomes available,
unless this Ordinance is modified by City Council or City Council grants such
capacity from "Other Projects."
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty
{30) days after the date of its passage; and before the expiration of fifteen
{15) days after its passage, it shall be published once with the names and mem-
bers 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 a regular meeting of the City Council of the
City of Poway held the 12th day of January, 1988, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 19th day of January,
1988, by the following roll call vote:
AYES: COUNCILMEMBERS: Brannon, Higginson, Kruse, Tarzy, Emery
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Marjor'~. Wahlsten, City Clerk
None
Robert C. Emery, Mayj>j~
O/Sewer5-6/CP12