Ord 578ORDINANCE NO. 578
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING SECTION 17.08.100 AND SECTION 17.08.180 OF THE POWAY
MUNICIPAL CODE PERTAINING TO SECOND DWELLING UNITS
IN RESIDENTIAL ZONES
(ZONING ORDINANCE AMENDMENT 03-02)
WHEREAS, Section 17.08.100 and 17.08.180 of the Poway Municipal Code sets
forth the procedure, and development standards, for establishment of second dwelling
units in residential zones, including a requirement for the approval of a Conditional Use
Permit at a public hearing before the City Council; and
WHEREAS, State Assembly Bill 1866 relating to the procedure by which a local
agency processes an application for a second dwelling unit was incorporated in the
California State G l Code on January 1, 2003 (Section 65852); and
WHEREAS, Section 65852.2 of the California State G l Code states
that, beginning on July 1, 2003, an application received by a local agency for a second
dwelling unit shall be considered ministerially without a d 3/ review or a
hearing; and
WHEREAS, the City of Poway must, in order to be consistent with the California
G t Code, amend Sections 17.08.100 and17.08.180 of the Poway Municipal
Code to eliminate the requirement for a Conditional Use Permit for a second dwelling
unit.
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 req : the California E Iai Quality Act (CEQA) pursuant to CEQA
Guidelines Section 15061(b)(3) because it involves a change in the procedure for the
establishment of second dwelling units in residential zones and there is no possibility
this will have a significant effect on th l.
Section 2:
follows:
Section 17.08.180(A) of the Poway Municipal Code is amended as
A. No second dwelling unit shall b :l or maintained without the approval of a
building permit in accordance with Poway Municipal Code, Title 15, and full compliance
with the perf :lards identified within th'
Ordinance No. 578
Page 2
Section 3: Section 17.08.100 of the Poway Municipal Code is amended as follows:
RS-1
C. Accessory apartments
on the same lot as an
existing single-family
dwelling (See subsection C
of Section 17.08.190!
P P P P P P P
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 the 20th day of May 2003, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held this 10th day of June 2003, by the following
roll call vote.
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
nne Peoples, City ~lerk
Michael P. (~
;Ina, Mayor