Ord 724ORDINANCE NO. 724
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING CHAPTER 17.47 PERTAINING TO SPECIFIC PLAN REGULATIONS
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 17.47 proposes minor modifications to the preparation of a
specific plan or amendments to a specific plan;
WHEREAS, the proposed changes will streamline the development review
process for preparation of specific plan or an amendment to a specific by eliminating the
initiation process 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 pursuant to Section
15061(b)(3) of the CEQA Guidelines because it pertains to minor modifications to the
review process for preparation of or amendments to a specific plan by eliminating the
initiation process and that there is no possibility this will have a significant effect on the
environment.
Section 2: Chapter 17.47.020, Initiation, of the Poway Municipal Code is hereby
deleted.
17.47.010 Authorization and purpose.
A. The California Government Code provides for the preparation and adoption of
specific plans for all or any part of the area covered by the general plan to ensure its
systematic implementation. Each specific plan must be consistent with the general
plan and under no circumstances shall the specific plan allow land uses more
intensive than those described in the general plan for each land use designation.
B. The specific plan is intended to regulate development within the City in accordance
with the General Plan by allowing the creation of specific development criteria for
those properties where development might otherwise be incompatible with
surrounding land uses as a result of noise, odor, light, glare, traffic, geology, or soils
conditions, aesthetics, building architecture, building scale or other similar reasons.
(Ord. 239 § 1, 1987)
17.47.020 City initiated specific plan
The City Council may initiate the preparation of a specific plan on property by resolution.
(Ord. 239 § 1, 1987)
17.47.030 Application — Procedure.
A. A property owner or his authorized agent, desiring to propose a Specific Plan, may
file with the Development Services Director an application for a Specific Plan on a
form prescribed by the Development Services Director.
B. 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.
C. Where the City has initiated and prepared a specific plan, a fee may be imposed
after its adoption upon persons seeking City approvals which are required to be
consistent with the adopted specific plan. (Ord. 239 § 1, 1987)
17.47.040 [Reserved]
17.47.050 City Council report.
The Director of Development Services shall prepare the specific plan and a report
thereon which shall be submitted to the City Council and to the applicant prior to the
public hearing. (Ord. 518, 1999; Ord. 239 § 1, 1987)
17.47.060 Specific plan content.
A. The specific plan may establish a list of specific uses, with definitions pertaining
thereto; however, except for the Old Poway specific plan, no use may be included
which is not a permitted or conditional use within the applicable land use designation
and zone. .
B. The specific plan document shall include sufficient text, diagrams and maps
identifying land uses, development standards, performance standards, and all
special requirements determined to be necessary by the City Council.
C. The specific plan document shall be adopted by resolution or by ordinance by a
majority vote of the City Council and, at a minimum, shall include the following
information:
1. A legal description of all properties involved, and a map identifying the
subject property and all properties within 1,000 feet of the subject property;
2. An analysis of the subject property's physical characteristics, related
planning information and surrounding land uses;
3. An analysis of the existing land use designation and zoning for the subject
property;
4. A listing of specific land use and development standards including, but not
limited to: building setbacks, parking setbacks, landscaping, lot coverage,
building height, noise attenuation measures, lighting, parking, architectural
building style, building materials, signage, and public improvements. If
appropriate, standards may be established by reference to Poway Municipal
Code;
5. The associated environmental review for the proposed specific plan. (Ord. 567 §
2, 2002; Ord. 314 § 1, 1990; Ord. 239 § 1, 1987)
17.47.070 City Council action.
The City Council shall hold a public hearing on each application for a specific plan. 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
chapter; the Council may continue the time or place of a hearing.
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. Notice of the public hearing before the City Council
shall be mailed to all persons whose names appear on the latest adopted tax roll of
San Diego County as owning property within 500 feet of the exterior boundaries of
the property that is the subject of the hearing. (Ord. 239 § 1, 1987)
C. If the City Council finds that the specific plan is consistent with the purposes of this
chapter, the general plan, and development policies of the City, it shall adopt a
resolution or ordinance approving the speck plan.
D. If the City Council finds that the specific plan is not consistent with the purposes of
this chapter, the general plan and development policies of the City, it may either
deny the application or continue it to allow changes to be made which would cause
that specific plan to be consistent. (Ord. 567 § 3, 2002; Ord. 239 § 1, 1987)
17.47.080 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 § 8,
1998; Ord. 334 § 25, 1991; Ord. 239 § 1, 1987)
17.47.090 Amendment of specific plan.
An amendment to a specific plan adopted by the City Council may be processed after
submittal of an application by the applicant or adoption of a Resolution by City Council.
Specific plan amendments shall be reviewed and approved in the same manner, either
by resolution or ordinance, as the initial application and approval. (Ord. 567 § 4, 2002;
Ord. 239 § 1, 1987
17.47.100 Specific plan deed restriction.
Following the City Council's approval of a specific plan, a deed restriction indicating that
the specific plan approval runs with the subject property shall be recorded. (Ord. 239 §
1, 1987)
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.
Don Higginson,
ATTEST:
a A royan, MMC, City Clerk
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify that
the foregoing Ordinance No. 724, 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
DISQUALIFIED: NONE
a A royan, MMC, City Clerk