Ord 549- ORDINANCE NO. 549
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING SECTION 17.08.170 A.3 OF THE POWAY MUNICIPAL CODE
PERTAINING TO SLOPE CALCULATION
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. 3. of the Poway Municipal Code
requires amendment to clarify the ministerial nature of slope calculation and the
applicable formula and standards and procedures therefore; and
WHEREAS, such amendment is necessary in order to assure that the
required slope calculation report for a development project is completed in
accordance with the public counter handout titled: "City of Poway Slope
Calculation Standards and Procedures"; and
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 requirements of the California Environmental Quality Act (CEQA)
pursuant CEQA Guidelines Section 15061 (b) (3), General Rule, as follows:
"The activity is covered by the general rule that CEQA applies only
to projects, which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA."
Section 2: Section 17.08.170. A. 3. of the Poway Municipal Code is amended
to read as follows:
"Slope calculations and the density potential which results from such
calculations under the provisions of Title 17 of this Code are matters requiring
technical engineering expertise and are ministerial, not discretionary, in nature.
In the RR-A through RR-C and RS-1 zones, slope calculations shall be based on
the measured rise over run calculations of a topographic map of the property
prepared in accordance with the standards set forth in this section by a
registered civil engineer retained by the applicant. The City may retain at the
applicant's cost a registered civil engineer to verify the calculations of the
applicant's engineer and to ascertain whether or not the calculations were made
in accordance with the standards set forth in this section. In the event that the
civil engineer retained by the City determines that the calculations were made in
Ordinance No. 549
Page 2
accordance with the standards set forth in this section, the City shall accept the
calculations as accurate. In the event that the civil engineer retained by the City
determines that the calculations were not made in accordance with the standards
set forth in this section, the City shall not accept the calculations as accurate. No
application for development of property which requires slope calculation shall be
deemed complete until the Director of Development Services has accepted the
slope calculation."
The standards and procedures for slope calculation shall be adopted by
Resolution and contained in the public counter handout titled: "City of Poway
Slope Calculation Standards and Procedures," a copy of which shall be available
at the City of Poway Development Services Department. The standards and
procedures shall be subject to amendment by further Resolution. A violation of
the standards and procedures for slope calculation adopted by resolution shall be
deemed a violation of this Ordinance.
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 13th day of November 2001, and thereafter PASSED
AND ADOPTED at a regular meeting of said City Council held the 27th day of
November 2001, by the following roll call vote.
AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: GOLDBY
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
L~ri ~nne ~eoples, C~ty C~rk