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Ord 304ORDINANCE NO. 304 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA ESTABLISHING AN ALLOCATION PLAN FOR REMAINING SEWER CAPACITY, DETERMINING PROJECT APPLICATIONS INCOMPLETE AND ESTABLISHING WAITING LISTS BY CATEGORY FOR PROJECTS WITHOUT SEWER CAPACITY AND RESCINDING ORDINANCE NO. 281 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 November 29, 1988 the City Council adopted Ordinance No. 281 which established an allocation plan for the then remaining 1,639 Equivalent Dwelling Units (EDU's) of sewage capacity; and WHEREAS, on October 5, 1989 the City Council by Ordinance No. 302 placed a moratorium on the issuance of letters of sewerage availability for residential, public, and semi-public uses because the allocated capacity was exhausted; and WHEREAS, the City Council finds that it is necessary to modify the cate- gories for the sewage allocation plan and establish criteria for the issuance of letters of availability for the now remaining 884 EDU's of sewage capacity in order to maximize the public benefit from the remaining capacity and protect the public health, safety, and welfare; and WHEREAS, an Initial Study of Environmental Impacts was completed and a pro- perly noticed public hearing was held in compliance with the California Environmental Quality Act (CEQA); and WHEREAS, the City Council finds that the proposed ordinance would not result in significant adverse impacts and hereby issues a Negative Declaration. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 281 is hereby rescinded. Except as expressly pro- vided by this Ordinance, notwithstanding any other provision of Chapter 13.08 or Ordinance No. 302 as extended to the contrary, Letters of Availability for the remaining 884 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 only upon City approval of a tentative map, conditional use permit, development review, minor development review, variance or building permit for the following categories of projects until the capacity in each category is exhausted: Ordinance No. 304 Page 2 CATEGORY UNITS 1. Co.~,erctal 231 2. Redevelopment Projects 573 3. Failing Septic Systems 2O 4. Existing Legal Lot 25 5. All Other Projects 6. Reserve 35 Nothing set forth herein shall prevent issuance of a Letter of Availability from the category "Existing Legal Lot" upon application therefor prior to appli- cation for development review. Section 3. No capacity shall be issued from any category as set forth in Section 2 hereof in excess of the amounts set forth therein. No project shall be approved without the issuance of capacity. Section 4. In the event that capacity is available for a project from the proper category at the time that the application is otherwise complete, the Director of Public Services shall issue to the applicant a Statement of Sewer Availability which the applicant shall then attach to the project application. The Statement of Sewer Availability shall be issued for the number of EDU's requested for the project if that number is available and the available capacity in that category shall be reduced by the same number. In the event that the project is not approved or not approved for the full amount of EDU's requested, the difference between the EDU's requested and the EDU's required for the pro- ject as approved shall be added back to the category from which it was deducted. Upon the attachment by the applicant of a Statement of Sewer Availability to the application, the application shall be complete. Section 5. In the event that capacity is not available for a project from the proper category at the time that the application would otherwise be complete, no Statement of Sewer Availability shall be issued and the application shall be determined to be incomplete for that reason. The project shall thereupon be placed on a waiting list for the proper category, prioritized according to the time at which the application was determined to be incomplete solely because of the unavailability of sewer capacity. The project shall remain on the waiting list for the applicable category until additional capacity becomes available, the City Council allocates capacity to that category, and the Director of Public Services issues a Statement of Sewer Availability to the applicant. The Director of Public Services shall issue a Statement of Sewer Availability within 90 days of allocation of capacity to the applicable cate- gory sufficient to meet the needs of the project and all other projects ahead of the subject project on the waiting list for that category. Upon attachment by the applicant of a Statement of Sewer Availability to the project application, the time limits provided by Government Code Section 65950 and other applicable State and local law for approval or disapproval of the project shall commence. Ordinance No. 304 Page 3 Section 6. In the event that the capacity available and allocated to a category is insufficient to meet the needs of the applicant of first priority on the waiting list for that category, that applicant shall have 30 days from the date that the Statement of Sewer Availability for such capacity is issued to accept or decline such capacity. The applicant may accept capacity less than the quantity required for its full project, retain its priority, and await issuance of further capacity. If such applicant does not notify the Director of Public Services in writing of its acceptance of such capacity within the 30-day period, the Statement of Sewer Availability shall be void and a Statement of Sewer Availability shall be issued to the applicant of next priority on the waiting list for acceptance within 30 days. This process shall be repeated until an applicant accepts said capacity. Refusal of such capacity shall not cause an application to lose its priority position on the waiting list. Section 7. No Letter of Availability for sewage capacity shall be issued to any project from the category entitled "Commercial" except for projects which qualify as a permitted use or for which a Conditional Use Permit is granted in a commercial zone designated in Chapter 17.10 of the Poway Municipal Code. For the purpose of issuance of a sewer Letter of Availability, "Public and Semi-Public Uses" which are conditional uses in any land use zone shall be deemed commercial uses. No Letter of Availability shall be issued to any commercial use outside of the Redevelopment Project Area after the balance in this category is reduced to less than 190 units. Section 8. Notwithstanding any other provision of this Ordinance, the "Redevelopment Projects" category shall not be deemed the proper category for sewer capacity for a project until the City Council so determines by resolution and finds that the proposed project is potentially of such benefit to the pro- ject area that the issuance of a Statement of Sewer Availability is warranted. No Letter of Availability for sewage capacity shall be issued to any project from the category entitled "Redevelopment Projects" unless that issuance is first approved by separate resolution of the City Council. The Council shall establish by resolution standards to guide the City Council in the issuance of capacity from this category which will maximize the public benefit derived from the use of such capacity and enable the Agency to meet its legal obligations. Section 9. No Letter of Availability for sewage capacity shall be issued to any project from the category entitled "Failing Septic Systems" except for an existing single family residence on a septic system which has been determined to have failed or be located within an area of failing septic systems and not be subject to repair. Section 10. No Letter of Availability for sewage capacity shall be issued from the category entitled "Existing Legal Lot" except for a single dwelling unit to be used as the principal dwelling unit on an existing legal lot which has no sewer capacity. The waiting list provisions of Section 4(a) of Ordinance No. 302 are hereby repealed. The waiting list provisions of this Ordinance shall apply to the category entitled "Existing Legal Lot." Eligibility for this category shall be given to MDRA's complete except for available sewage capa- city. Any capacity remaining upon the close of business of the effective date of this ordinance shall be distributed to applicants by means as established by a resolution of the City Council. Ordinance No. 304 Page 4 Section 11. No Letter of Availability for sewer capacity shall be issued to any project from the category entitled "All Other Projects." Capacity for this category, formerly known as "Residential, Public, and Semi-Public," was exhausted on or about October 1, 1989, and no additional capacity is available to allocate to this category as of the date of adoption of this ordinance. The waiting list for this category shall be the waiting list discussed in Section 4(b) of Ordinance No. 302. The provisions of this Ordinance applicable to waiting lists shall apply to said waiting list. Section 12. No Letter of Availability shall be issued from the category entitled "Reserve" except by the amendment of this Ordinance. The "Reserve" category is reserved by the City Council to meet unanticipated public needs. Section 13. The adoption of a moratorium ordinance shall not be required in order to deny issuance of a letter of availability or in order to determine an application incomplete for lack of sewer capacity at such time as the capacity allocated to a category is exhausted. Upon the exhaustion of capacity in a category the provisions of Section 5 of this Ordinance shall be applied to all project applications thereafter processed in that category. 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 7th day of November, 1989, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 14th day of November, 1989, by the following roll call vote: AYES: COUNCILMEMBERS: BRANNON, GOLDSMITH, HIGGINSON, KRUSE NOES: COUNCILMEMBERS: EMERY ABSENT: COUNCILMEMBERS: NONE R. Kruse, Mayor Marjorie ~. Wahlsten, City Clerk (6/O/SEWER7-SEWERIO) (6/O/CP3g)