Item 5 - Second Reading Ordinance 446
r;. AGENDA REPORT SUMMARY (_
TO:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Man~
John D. Fitch, Assistant City Manage~11r
Marjorie K. Wahlsten, City Clerk~
May 23, 1995
FROM:
INITIATED BY:
DATE:
SUBJECf:
Ord i nance No. 446 - Second Read i'ng
ABSTRACT
On May 2, 1995, the City Council introduced and had the first reading on Ordinance No.
446 - "An Ordinance of the City of Poway, California, Adding Chapter 15.28 to the Poway
Municipal Code Adopting Certain Provisions of Title 25 of the California Code of
Regulations Relating to Mobilehome Inspections, Except Fee and Penalty Provisions,
Pertaining to the Construction, Use Maintenance, and Occupancy of Mobilehomes."
Counc i 1 member 5 Cafagna and Emery were absent at first reading. There was no public
testimony given. Staff recommends adoption.
ENVIRONMENTAL REVIEW
Categorically exempt from CEQA under Class 21, Enforcement Actions by Regulatory
- Agencies.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice was published in the Powav News Chieftain prior to first reading of the
ordinance.
RECOMMENDATION
If the City Council desires to adopt, read title and waive further reading of the
Ordinance by unanimous vote. Pass motion closing public hearing and adopting (roll
call vote).
ACTION Continued to June 6, 1995. Councilmember Emery has some questions he
needs answered. 3-0, Councilmembers Callery and Rexford absent.
'y}- .,. -""'...... k 7V.L'J.o'> t:::.
Marjor e K. Wahlsten, City Clerk
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CITY OF POWAY
AGENDA REPORT
TO:
FROM:
INITIATED BY:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Mana~
John D. Fitch, Assistant City Manager~l1r
Marjorie K. Wahlsten, City Clerk~
May 23, 1995
Ordinance No. 446 - Second Reading
DATE:
SUBJECT:
BACKGROUND
On May 2, 1995, the City Council introduced and had the first reading on
Ordinance No. 446 - "An Ordinance of the City of Poway, California, Adding
Chapter 15.28 to the Poway Municipal Code Adopting Certain Provisions of Title 25
of the California Code of Regulations Relating to Mobilehome Inspections, Except
Fee and Penalty Provisions, Pertaining to the Construction, Use Maintenance, and
Occupancy of Mobilehomes ." Counci 1 members Cafagna and Emery were absent at
first reading. There was no public testimony given. Staff recommends adoption.
FINDINGS
It is in order to have the second reading and adopt this Ordinance.
FISCAL IMPACT
None.
ENVIRONMENTAL REVIEW
Categorically exempt from CEQA under Class 21, Enforcement Actions by Regulatory
Agencies.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice was published in the Powav News Chieftain prior to the first reading of
the Ordinance.
RECOMMENDATION
If the City Council desires to adopt, read title and waive further reading of the
Ordinance by unanimous vote. Pass motion closing public hearing and adopting
(roll call vote).
Attachment:
1) Ordinance
.:\City\1.gj,lat\c1tyclrk\agenaa\ord446.rpt
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ORDINANCE NO. 446
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA ADDING
CHAPTER 15.28 TO THE POWAY MUNICIPAL CODE ADOPTING CERTAIN PROVISIONS
OF TITLE 25 OF THE CALIFORNIA CODE OF REGULATIONS RELATING TO MOBILEHOME
INSPECTIONS, EXCEPT FEE AND PENALTY PROVISIONS, PERTAINING TO THE
CONSTRUCTION, USE, MAINTENANCE, AND OCCUPANCY OF MOBILEHOMES
WHEREAS, Division 1, Chapter 2, of Title 25 of the California Code of
Regulations establishes the standards for mobilehome construction, use,
maintenance, and occupancy statewide; and
WHEREAS, Title 25 has no application to publicly-owned mobilehome parks
unless adopted locally; and
WHEREAS, the publicly-owned mobilehome parks in the City of Poway should
be subject to the same inspection standards as privately-owned parks, and
WHEREAS, Government Code Section 50022.2 et. seq. authorizes a local agency
to adopt all or any portion of Title 25 by reference, provided that penalty
provisions be set forth in full; and
WHEREAS, the City Council finds that the adoption of certain of the
provisions of Title 25, except the fees and penalty provisions is necessary for
the orderly and uniform application of mobilehome building standards in all
mobilehome parks in Poway; and
WHEREAS, the City Council shall set forth the penalty provisions in full
herein and shall establish inspection fees from time to time by resolution; and
WHEREAS, a properly noticed public hearing was conducted and copies of the
Poway Municipal Code, this Ordinance, and Division 1, Chapter 2, of Title 25 are
on file and open to public inspection, all in accordance with Government Code
Section 50022.3; and
WHEREAS, the City Council finds that the proposed Ordinance is
categori ca lly exempt from the requi rements of the Cali forni a Envi ronmenta 1
Quality Act, Class 21.
NOW, THEREFORE, the City Council of the City of Poway, California does
hereby ordain as follows:
Section 1. Chapter 15.28 is hereby added to the Poway Municipal Code as
set forth in Exhibit A attached hereto.
Section 2. The City Council hereby authorizes and directs that Chapter
15.28 inspection fees shall be set by resolution.
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty
(30) days after the date of its 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 Powav News Chieftain, a newspaper
of general circulation published in the City of Poway.
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Ordinance No. 446
Page 2
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the
City of Poway held the'2nd day of May, 1995, and thereafter PASSED AND ADOPTED
at a regular meeting of said City Council held the 23rd day of May, 1995, by the
following roll call vote:
AYES:
NOES:
ABSENT:
Don Higginson, Mayor
Marjorie K. Wahlsten, City Clerk
c:\dat.\.gend8\title25.ord
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C 'nance No. Aq~
Page 3
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Exhibit A
Page 1
Chaoter 15.28
MOBILEHOME INSPECTION CODE
Sections:
15.28.010 Adoption.
15.28.020 Deletions.
15.28.030 Application.
15.28.040 Penalties.
15.28.050 References.
15.28.010 Adootion of a oortion of Division 1. Chaoter 2. of Title 25 of the
California Code of Reaulations. There is adopted as the City mobilehome code for
the purpose of regulating the construction, use, maintenance, and occupancy of
mobilehomes in the City of Poway, Title 25, Div)sion 1, Chapter 2, as revised and
effective January 1, 1994.
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15.28.020 Deletions. Sections 1008 - 1024, inclusive, and Sections 2200 _
2860 of Division 1, Chapter 2, of Title 25 of the California Code of Regulations,
as revised and effective January 1, 1994, are deleted.
15.28.030 Aoolication. The provisions of this Chapter 15.28 shall apply to
all mobilehomes located in the City of Poway which are not otherwise subject to
Title 25, Division 1, Chapter 2, of the California Code of Regulations because
such mobilehomes are located in a publicly-owned park, or for any other reason
whatsoever.
15.28.040 Penalties. The penalties for any violation of provision of Title
25, Di vi s i on 1, Chapter 2, of the Ca 1 iforni a Code of Regul ati ons adopted by
Section 15.28.010 shall be those penalties set forth in Section 1.08.010 of the
Poway Municipal Code.
15.28.050 References. References in the adopted provi si ons of Ti tl e 25,
Division 1, Chapter 2, of the California Code of Regulations to the department,
enforcement agency, or any director, administrator, inspector, or other employee
thereof shall refer to the City of Poway Building Department and its director,
administrator, inspector, or employee.
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