Ord 281ORDINANCE NO. 281
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
RESCINDING ORDINANCE 246, ESTABLISHING A SEWER ALLOCATION PLAN
FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND SPECIAL PROJECTS
WHEREAS, Chapter 13.08 of the Poway Municipal Code provides for
the issuance of a letter of availability for sewerage capacity to a
parcel with an approved project as defined in said Chapter; and
WHEREAS, on January 19, 1988 the City Council established an
allocation plan for the remaining seven hundred seventy thousand
gallons per day of sewage capacity; and
WHEREAS, the City Council desires to modify the categories for
the sewage allocation plan and establish criteria for the
issuance of letters of availability.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, DOES
ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 246 is hereby rescinded. Not-
withstanding any other provision of Chapter 13.08 to the contrary,
letters of availability for the remaining 1,639 units of sewage
capacity 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 Residential, Public and Semi-Public, Commercial, and
Industrial projects upon City approval of a tentative map, con-
ditional use permit, development review, minor development review,
variance or building permit, until the following capacity is
committed:
CATEGORY
UNITS
Residential, Public and Semi-Public
For example: custom homes, subdivisions,
condominiums, senior housing, mobile
homes, and other types of residential
projects.
295
2. Commercial
331
3. Industrial
833
4. Failing Septic Systems
30
5. Reserve 150
Ordinance No. ~R1
Page 2
Section 3. No capacity shall be allocated from any category as
set forth in Section 2 hereof in excess of the amounts set forth
therein.
Section 4. No letters of availability for sewage capacity
shall be issued to any project from the category entitled
"Residential, Public and Semi-Public" unless approved by resolution
of the City Council. In determining whether or not to allocate
capacity from said category, the City Council shall consider if the
project meets the following criteria:
ne
No Impact on Schools. Projects that may be deemed in
compliance with this criteria include such projects as
schools, churches, libraries, nursing homes, parks, and
other municipal services facilities.
Be
In fill Project. Projects that may be deemed in
compliance with this criteria include projects that meet
Objective 1 of the Land Use Element of the Poway Compre-
hensive Plan and its related policies (1.a through 1.c),
and have a public benefit. A project may be deemed to
have a public benefit when criteria such as eliminating
blight, providing needed infrastructure, and/or elimi-
nating a public health or safety problem are considered.
Custom Home on an Existing Lot. Single family residence
on an existing lot.
Section 5. No letters of availability for sewage capacity
shall be issued to any project from the category entitled
"Reserve." The reserve units may be allocated to Residential,
Public, Semi-Public, Commercial, or Failing Septic System Cate-
gories as deemed necessary by the City Council and approved by
resolution.
Section 6. Until additional capacity is allocated to such pro-
jects, sewage capacity shall be issued to industrial and commercial
developments in the Pomerado Business Park upon approval of a ten-
tative 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 1,759 units available as of
the adoption of this Ordinance becomes available, unless this Ordi-
nance is modified by the City Council.
Ordinance No. 281
Page 3
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 members voting for and against
the same in the Poway News Chieftain, a newspaper of general cir-
culation 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 15th day of November, 1988,
and thereafter PASSED AND ADOPTED at a regular meeting of said City
Council held the 29th day of November, 1988, by the following roll
call vote:
AYES:
NOES:
COUNCZLMEMBERS: BRANNON, HIGGINSON, KRUSE, TARN, EMERY
COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NmE
M~jo~e'~. /~ah~sta/n,~ity Clerk