Ord 723ORDINANCE NO. 723
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING CHAPTER 17.46 PERTAINING TO AMENDMENTS
WHEREAS, Title 17 of the Poway Municipal Code is known as the Zoning
Ordinance and contains standards for development within the City as well as standards
to ensure the public's health, safety and welfare; and
WHEREAS, Chapter 17.46 proposes minor modifications to the review of
amendments to zoning map and zoning development regulations;
WHEREAS, the proposed changes will streamline the development review
process by eliminating the initiation process for amendments to zoning map and zoning
development regulations in the application of the Zoning Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: The City Council finds that the adoption of this Ordinance is exempt from
the provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15061(b)(3) of the CEQA Guidelines because it pertains to minor modifications to the
initiation and review process of amendments to zoning map and zoning development
regulations in the Zoning Ordinance and that there is no possibility this will have a
significant effect on the environment.
Section 2: Chapter 17.46.020, Initiation, of the Poway Municipal Code is hereby
deleted.
Section 3: Chapter 17.46 entitled Amendments is amended as follows:
17.46.010 Purpose.
The zoning map and zoning development regulations may be amended by changing the
boundaries of any zone or by changing and zoning development regulation or any other
provision of this title in accord with the procedure prescribed in this chapter. (Ord. 113 §
1 (Exh. A 10.0.1), 1983)
17.46.020 City initiated Amendments.
The City Council may, by resolution, initiate any change in the boundaries of any zone,
or any change in the regulations. (Ord. 113 § 1 (Exh. A 10.0.2), 1983)
17.46.030 Application — Procedure.
A property owner or his authorized agent, desiring to propose a change in the
boundaries of -the zone in which his property is located, may file with the Development
Services Director an application for a change in zone boundaries on a form prescribed
by the Development Services Director and shall include the following data:
A. Name and address of the applicant;
B. Statement that the applicant is the owner or the authorized agent of the owner of the
property for which the change in zone boundaries is proposed;
C. Address and legal description of the property;
D. An accurate scale drawing of the site and the surrounding area showing existing
streets and property lines, and existing and proposed zone boundaries, for a
distance determined by the Development Services Director to be necessary to
illustrate the relationship to and impact on the surrounding area, but not less than
300 feet nor more than 600 feet from the property proposed for rezoning;
E. Complete environmental assessment information on forms supplied by the
Development Services Director;
F. A property ownership list, listing the names, addresses and assessor's parcel
number of all property owners within 500 feet of the exterior boundaries of the
subject property; the list shall be obtained from the latest equalized assessment roll
issued by the San Diego County Assessor;
G. A radius map drawn on the assessor's parcel maps, indicating the subject property
with a 500 -foot radius drawn around the property;
H. The Development Services Director may require additional information or maps if
they are necessary to enable the Council to determine whether the change is
consistent with the objectives of this title. The Development Services Director may
authorize omission of the map required by this chapter if it is not necessary. (Ord.
518, 1999; Ord. 113 § 1 (Exh. A 10.0.4), 1983)
17.46.040 Application — Fee.
The application shall be accompanied by a fee established by resolution of the City
Council to cover the cost of processing the application as prescribed in this chapter.
(Ord. 113 § 1 (Exh. A 10.0.4), 1983)
17.46.050 Public hearing by City Council.
The City Council shall hold a public hearing on each application for a change in zone
boundaries or for a change of the zoning development regulations. The hearing shall be
set and notice given as prescribed below:
A. The City Clerk shall set the time and place of the public hearing, required by this
title; the Council may continue the time or place of a hearing. The City Council shall
hold a public hearing on a rezoning request, or an amendment within 40 days after
the compliance with the California Environmental Quality Act, Public Resources
Code Section 21000 through and including Section 21176 and amendments thereof.
B. Notice of a public hearing shall be given not less than 10 days nor more than 30
days prior to the date of the hearing by publication in a newspaper of general
circulation published in the City. When the hearing concerns a matter other than an
amendment to the text of this title, notices of public hearings before the City Council
shall be mailed to all persons whose names appear on the latest adopted tax roll of
the County as owning property within 500 feet of the exterior boundaries of the
property that is the subject of the hearing. (Ord. 113 § 1 (Exh. A 10.0.5), 1983)
17.46.060 Investigation and report.
The Development Services Director shall make an investigation of the application or
proposal and shall prepare a report thereon which shall be submitted to the City Council
and to the applicant prior to the public hearing. (Ord. 518, 1999; Ord. 113 § 1 (Exh. A
10.0.6), 1983)
17.46.070 City Council action — Generally.
The City Council shall calendar a public hearing on an application or a proposal within
40 days after compliance with the California Environmental Quality Act, Sections 21000
through 21176 inclusive of the Public Resources Code.
A. If the Council finds that the change is consistent with the objectives of this title, the
general plan and development policies of the City, it shall introduce an ordinance
amending the zoning map or zoning development regulations, whichever is
appropriate.
B. If the Council finds that the change is not consistent with the objectives of this title,
the general plan and development policies of the City it may deny the application,
continue it for changes to be consistent, or reject the proposal. (Ord. 113 § 1 (Exh. A
10.0.7), 1983)
17.46.080 City Council action — Rehearing.
The decision of the City Council is final and effective within 10 calendar days unless a
request for a rehearing is filed in accordance with Chapter 2.21 PMC. (Ord. 492 § 7,
1998; Ord. 113 § 1 (Exh. A 10.0.8), 1983)
17.46.090 General plan consistency and alternate classification in lieu of proposed
classification.
When the Council determines, following a public hearing on a change in the boundaries
of any zone, that a change to a zone classification other than the proposed classification
specified in the hearing notice is desirable, the Council may adopt an alternate
classification to a proposed classification in accord with the following schedule:
Proposed Land
Use Category
in Public
Hearing
Alternate Zone That May Be Considered
RR -A through C
OS -R, OS -RM
RS -1
RR -A through C, OS -R, OS -RM
RS -2
RR -A through C, OS -R, OS -RM
RS -3
RR -A through C, RS -2, OS -R, OS -RM
RS-4
RR -A through C, RS -2, RS -3, OS -R, OS -RM
RS -7
RR -A through C, RS -2, RS -3, RS-4, OS -R, OS -RM
RC
RR -A through C, RS -2, RS -3, RS -4, RS -7, OS -R, OS -RM
RA
Any other R zone, OS -R, OS -RM
CO
None
CN
None
CB
None
MU
CB, TC
CG
CO, TC, A/GC
A/GC
CG
TC
CG
MHP
RS -7, RC
OS -R
None
OS -RM
None
PRD
RR -A through C, OS -R, OS -RM
PC
RR -A and existing underlying zone
HC
None
PF
None
In order to more properly accommodate these alternate zone classifications, the notice
of public hearing shall indicate the alternate classifications, if any, which City Council
could consider. (Ord. 674 § 52, 2008; Ord. 113 § 1 (Exh. A 10.0.9), 1983)
17.46.100 New application.
Following the denial of an application for a change in zone boundaries or a change in
the zoning development regulations, an application or request for the same or
substantially the same change shall not be filed within one calendar year of the date of
denial. (Ord. 113 §" 1 (Exh. A 10.0.10), 1983)
17.46.110 Change of zoning map.
A change in zone boundaries shall be indicated by listing on the zoning map the number
of the ordinance amending the map. (Ord. 113 § 1 (Exh. A 10.0.11), 1983)
17.46.120 Minor changes to development approvals.
After a development review, conditional use permit, variance, or any modification
thereof or amendment thereto is approved at a public hearing, such approval may only
be amended, changed or modified at a public hearing, unless the Director of
Development Services finds that the proposed modification is minor and would have no
significant adverse effect upon the public interest or any private interest in real property
within 500 feet of the exterior boundaries of the subject property. (Ord. 518, 1999; Ord.
311 § 2, 1990).
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of this 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 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 this 21st day of June 2011 and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 5th day of July 2011.
ATTEST:
L ��---Iroyan, MMC, Ci Clerk
D. .. .� /.
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify that
the foregoing Ordinance No. 723, was duly adopted by the City Council at a meeting of
said City Council held on the 5th day of July 2011, and that it was so adopted by the
following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
,'*V
DISQUALIFIED: NONE
and Troyan, MMC, City Clerk
City of Poway