Ord 302ORDINANCE NO. 302
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
PLACING A MORATORIUM ON THE ISSUANCE OF
LETTERS OF SEWERAGE AVAILABILITY AND
ON PROJECT APPROVALS AND PERMITS FOR
RESIDENTIAL, PUBLIC, AND SEMI-PUBLIC USES
WITHOUT A LETTER OF SEWERAGE AVAILABILITY
AND DECLARING THE URGENCY THEREOF
WHEREAS, Chapter 13.08 of the Poway Municipal Code provides for the issuance
of letters of availability for sewerage capacity to a parcel with an approved
project as defined in said Chapter; and
WHEREAS, in November, 1988, the City of Poway adopted Ordinance No. 281
which allocated 295 Equivalent Dwelling Units (EDU's) of its then remaining
1,639 EDU's to residential, public and semi-public uses; and
WHEREAS, all sewerage capacity allocated to residential, public and semi-
public uses has been committed by the City of Poway to approved projects and
projects for which applications are complete; and
WHEREAS, the committment of additional sewerage capacity to applicants for
residential, public and semi-public projects within the City of Poway would
present a current and immediate threat to the public health, safety, and
welfare in that more capacity would be committed by the City than the capacity
to which the City is contractually entitled by grant from the City of San Diego;
and
WHEREAS, it is necessary to establish an interim method of reissuing capa-
city acquired by reason of the expiration of previously issued letters of
availability.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS
FOLLOWS:
Section 1. ISSUANCE OF CERTAIN LETTERS OF AVAILABILITY PROHIBITED. Not-
withstanding any other provision of the Poway Municipal Code to the contrary, no
Letter of Availability shall be issued committing the City to reserve sewerage
availability to a parcel for residential, public or semi-public uses for which
application is not complete as of the date of adoption hereof until such time as
additional sewerage capacity is obtained and allocated to residential, public
and semi-public uses by the City of Poway, except as provided in Section 4
hereof.
Section 2. COMPLETENESS OF APPLICATION AND ISSUANCE OF APPROVALS AND
PERMITS. Notwithstanding any other ordinances, resolutions, or policy of the
City of Poway to the contrary, no application for any final map, tentative tract
map, tentative parcel map, conditional use permit, development review, minor
development review, variance, or building permit not already complete shall be
OKdinance No. 302
Page 2
deemed complete, approved, or issued without the issuance of a Letter of
Availability of sewerage capaclty for such project. At the request of the
applicant, fees deposited for application which are pending but not deemed
complete because of the effect of this ordinance, shall be refunded to the
applicant; however, upon such refund that applicant's entitlement to reissuance
of capacity pursuant to Section 4 hereof shall be lost and the applicant's name
removed from the waiting list.
Section 3. EXCEPTIONS. Nothing contained in this ordinance shall
prohibit the issuance of a Letter of Availability for sewerage capacity for
residential, public, or semi-public uses in any of the following circumstances:
a) For the connection to the public sewer of an existing structure served
by a septlc tank which has failed, if the City Council finds that the
immediate public health, safety and welfare require such connection; or
b) For the connection to the public sewer of single family homes which
have received minor development review approval as of the effective date
hereof; or
c) For the connection to the public sewer of those projects approved by
the City Council as of the effectlve date hereof, provided that payment of
sewer connection fees is made In accordance with the conditions of approval;
or
d) For the connection to the public sewer of those projects the applica-
tion for which is complete as of the effective date hereof, provided that
said projects are approved and all conditions of approval are timely
satisfied; or
e) For the connection to the public sewer of those properties served by
the Rancho Bernardo sewage collection system.
Section 4. REISSUANCE OF SEWERAGE CAPACITY. Should a holder of a Letter
of Availability for Sewerage Capacity for residential, public or semi-public
uses fail to conform to the provisions of the Poway Municipal Code pertaining to
said letter, said letter shall expire and that capacity shall be made available
for reissuance as provided herein.
Sewerage capacity made available by reason of such expired Letters of Avail-
ability shall be reissued immediately upon expiration in the following order of
priority:
a) up to the first fifteen (15) dwelling units of availability shall be
reissued to individual applicants for single family homes on single lots
generally referred to as custom homes;
Ordinance No. 302
Page 3
b) all dwelling units of availability in excess of those required to
satisfy {al above shall be reissued to other residential, public and semi-
public projects.
Two (2) waiting lists, one for each priority group, shall be
established. Applicants shall be listed according to the order of time at
which each application would have been deemed complete but for the effect of
this ordinance.
When additional capacity is obtained by the City of Poway, a former holder
of capacity, which has been reissued as provided by this section shall be given
credit for prior sewer capacity payments on a new Letter of Availability,
provided that: a) application is made within thirty {30) days of written notice
from the City of available capacity; and b) all required payments for the prior
Letter of Availability as provided by the Poway Municipal Code are made within
said thirty {30} day period.
Section 5. This ordinance is declared to be an interim prohibition of
Letter of Availability issuance, project approval, and permit issuance for
residential, public or semi-public uses. There exists a current and immediate
threat to the public health, safety and welfare within the meaning of state law
as set forth in the recitals stated herein above. The issuance of any further
such Letters of Availability or the approval of any further such projects or
issuance of any further such building permits requiring Letters of Availability
without additional sewerage capacity would result in a threat to the public
health, safety, and welfare.
Section 6. If any portion of this ordinance is held to be illegal or
otherwise invalid by any court, such portion shall be severable from the
remainder, and the remainder shall continue in full force and effect.
Section 7. The period of time provided by law within which any permit or
approval affected by this ordinance must be activated shall not include any
period of time during which this moratorium is in effect.
Section 8. Until repealed, this ordinance supercedes the provisions of
Chapter 13.08 of the Poway Municipal Code to the extent that there is any
conflict between the provisions hereof and the provisions of said Chapter.
Section 9. This ordinance shall be effective for a period of forty-five
{45) days subject to extension pursuant to state law.
Ordinance No. 302
Page 4
EFFECTIVE DATE: This ordinance shall take effect immediately 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 circulation published in the City of Poway.
PASSED AND ADOPTED at an adjourned regular meeting of said City Council held
the 5th day of October, 1989, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Brannon, Emery, Goldsmith, Higginson, Kruse
None
None~
Non~! /
Carl R. Kruse,-Mayor
Marjorie K, Wahlsten, City Clerk
O/LOA7-10/CP28