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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