Ord 32ORDINANCE NO. 32
AN ORDINANCE OF THE CITY OF POWAY~ CALIFORNIA
ESTABLISHING A MORATORIUM ON THE WITHDRAWAL OF
RENTAL UNITS FROM THE RENTAL MARKET AND
DECLARING THE URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
Section 1. The City of Poway, pursuant to a mandate from the State of
California, is required to maintain, as an element of the City's Housing
Element, low or moderately priced housing. The City Council finds that rental
units within the City, whether apartment or mobile or modular homes, are a major
part of and fall within that definition of "low or moderately" priced housing.
As a result the City Council finds that the preservation of rental units within
the City is necessary to meet the requirements of State mandate.
Section 2. Pursuant to California Government Code Section 65858, the City
Council passes this Ordinance as an emergency Ordinance necessary to protect the
public welfare by preserving the status quo on the availability of rental units
within the City in order to study the availability of said rental units now and
in the future and to implement changes within the Poway General Plan if said
study indicates there is a possible change in the percentage of rental housing
in Poway.
Section 3. All zoning and regulatory Ordinances notwithstanding, no permits
or approvals of any projects, as defined by the California Public Resources Code
shall be accepted for processing or approval if said project has the effect,
either directly or indirectly, of decreasing the number of available residential
rental units in the City of Poway.
Section 4. The Council finds that this action is exempt from the California
Environmental Quality Act; pursuant to Section 15108 of the State E.I.R.
Guidelines (14 California Administrative Code S15108) as an action to protect
the environment; pursuant to Section 15071(c) of the State E.I.R. Guidelines
(14 California Administrative Code $15071(c)) as an action to prevent an
emergency.
Section 5. Notwithstanding any other provisions of this Code, this Section
shall expire and be of no further force and effect four (4) months from the date
o~ the adoption.
Section 6. URGENCY CLAUSE. This Ordinance is an emergency measure
necessary for the immediate preservation of the public peace, health, and safety
within the meaning of Government Code $25125. The reasons constituting are set
forth in Section 1.
ORDINANCE NO. 32
Page 2
PASSED, APPROVED, AND ADOPTED at a regular meeting of said City Council held
the 26th day of May, 1981 by the following vote:
AYES: COUNCIIREMBERS: EMERY, ORAVEC, SHEPARDSON, TARZY,
REXRODE
NOES: COUNCI IREMBERS: NONE
ABSENT: COUNC I LMEMBERS: NONE
ATTEST:
CITY CLERK
v - MAYOR