Ord 538ORDINANCE NO. 538
AN ORDINANGE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING SECTION 17.08.170 OF THE POWAY MUNICIPAL CODE
PERTAINING TO SHAPE AND BUILDABILITY OF LOTS
WHEREAS, it is the duty of the Poway City Council to review and amend
the Poway Municipal Code whenever the public interest requires or whenever,
because of ambiguity or otherwise, its provisions are subject to being
misinterpreted or require greater specificity; and
WHEREAS, Section 17.08.170 (A)(1) requires amendment to clarify that
no lot shall be issued a building permit unless it strictly complies, without
variance, with the grading requirements of the Comprehensive Plan and
Municipal Code; and
WHEREAS, such amendment is necessary in order to assure that lots
which cannot be built upon without violating current grading requirements are not
built upon, and are instead used for some other purpose such as open space or
consolidated with one or more other lots so that grading requirements can be
met; and
WHEREAS, Section 17.08.170 (A)(4) requires amendment to clarify that
unusually shaped lots are those whose lot depth to lot width dimensions exceed
a ratio of 3:1.
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
Categorically Exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant CEQA Guidelines Section 15308, Class 8
Exemption (Actions by Regulatory Agencies for Protection of the Environment).
The proposed ordinance provides for the protection of the environment in that it
would result in the appropriate shape and development of residential lots and the
preservation and connectivity of natural open spaces in a manner consistent with
the goals of the Poway General Plan.
Section 2: Section 17.08.170 (A)(1) is amended to read as follows:
1. Any legal lot may be used as a building site if the proposed use is
permitted in the zone and all grading requirements set forth in the
Comprehensive Plan and the Poway Municipal Code are strictly satisfied without
variance, provided that no building permit shall be issued for a lot of a size less
than 4,000 square feet.
Ordinance No. 538
Page 2
Section 3: Section 17.08.170 (A)(4) is amended to read as follows:
4. The ratio of the depth of a lot to the width of a lot shall not exceed a
maximum ratio of 3:1. If that ratio is exceeded, the lot shall be deemed an
unusually shaped lot. Unusually shaped lots may only be allowed within the RR-
A through RR-C and RS-1 zones and only where the City Council, in its
discretion, finds that unusually shaped lots are necessary to ensure the
preservation of unique topographic features, riparian woodland areas, and other
areas of significant community importance as open space. This development
standard shall apply to all lots proposed to be created by the subdivision or
parcel map process.
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 22nd day of May 2001 and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 5th day
of June 2001, by the following roll call vote.
AYES: GOLDBY, HIGGINSON, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY, REXFORD
ATTEST:
LoCi/~nne Peoples, City Cler~
Mayor
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