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Item 12 - Request for Time Extension - Letter of Availability No. 116AGENDA REPORT CITY OF POWAY This report is included on the Consent Calendar.. .There will be no separate discussion of the report prior to approval by the City Council unless members of the Council, staff or public request it to be removed from the Consent Calendar and discussed separately. If you wish to have this report pulled for discussion, please fill out a slip indicating the report number and give it to the City Clerk,'. prior. to the beginning of the City Council meeting. Honorable Mayor and Members of the City Council FROM: James L. Bowersox, Ci •`_ lti ty Man INITIATED BY: Alan Archibald, Director of Public Services DATE: May 10, 1983 h�/ SUBJECT: Request for Time Extension - Letter of Availability No. 116 BACKGROUND Applicant's Letter of Availability No. 116 (LOA 116) was issued in Sept., 1980, expiring in March, 1982, at which time an extension was approved. For reasons set forth in letter from applicant dated April 22, 1983, an addi- tional extension is being requested. Information concerning applicant's request is included as Attachment #1. FINDINGS Applicant is requesting a time extension in order to proceed with development and finalize map. .n extension may be granted by Council in accordance with Ord. No. 83 (Attachment #2). RECOMMENDATION It is recommended that the City Council approve LOA No. 116 time extension -to October 27, 1983, expiration date of Tentative Parcel Map No. 17006, subject to applicant's payment of additional sewer connection fee to bring total payment to 50% of current connection fee. The remaining 50% of current connection fee would be due prior to October 27, 1983. JLB:ADA: dae Attachments: 1. Info re LOA 116 Ord. No. 83 ACTION: 1 of 8 MAY 101983 ITEM 12 J LOA NO 116 APN: 323-030-12 UNITS: 3 EXPIRES: May 27, 1983. FINDINGS Parcel is located north of Garden Road, east of Neddick Avenue. Location map attached. Applicant has requested a time extension in order to ':finalize map. Applicant's tentative parcel map expires October 27, 1983. Letter request attached. RECOMMENDATION: Approve 2 of 8 Att. #1 5/10/83 Agenda MAY 10 1983 ITEM 12 ' , • . 1 � � O a IV � � .► a C' ;� tin t� � ' 1 � p .1 c co 06 .1 0QD H t� '• ° M -.-1 .- ski � e� n a o o � • cri � ' w n. «or• ar,o a epi .c ' :' ; p • (j sirs ' t� • • w'ar9 , :WIM1! , co �. 6ilritl �L f : -. > « .: Oo L2LQj cm 4000 � � to Q) {,? O 0 Ci ttl �0 {jQ' G: �r (Bcn } •• c /��� St V_ tea.•• l •� F - �� a 1 4 $" CR ♦'' ,,,.a/• w7I7 o' [.� ' �L i - d ! ttt�wi ��•.ew _. �� • ` snr9 wo livui► i+ Y , t < 1 _ o t n3 o iv �•� * VA > �; f - •' id. •. .Y .�.unr 3At� k?faC3;J' rcy 6c'�tdi rA� T ,; s .� rcoC.l 1 CO Zt -. • blv 009 • !iC O�3:iVCW �; � y I O t. `s N 3 of 8 - _ R. a iYM„:�•4 • . MAY 10 183 ITEM 12 s c April 222 1933 Ms, Dorothy McCorm:cli. Public :Services Departent ' City Of Poway j. P.O 'Box 785 } Paway, ca 92064 Re: Request for Time Extension - LOA No. 116 3 units } Dear Ms'.. McCormick: r I am,writing in response to your courtesy notice, which inform- ed e that --m y availabilty for sewsr will expire on May 27, 1983.' I have requested a time extension on Tentative Parcel 14ap =7006, due to current adverse economic conditions, and must therefore requestan,exteasion.of my sewer availabilty'as well, for a minimum of one year, or to the full extension of the final map. Sincerely, John. R. Voris 14320 Garden Rd. Poway, CA 92061 748-8525 Of $ MAY 10 1983 ITEM 12 S t ws r y ORDINANCE NO. 83 AN ORDINANCE OF THE.CITY OF POWAY, CALIFORNIA REVISING PROCEDURESFOR THE RESERVATIofV OF SEWERAGE CAPACITY AND THE PAYMENT•dF CONNECTION FEES FOR SERVICE AND RESCINDING ALL OTHER ORDINANCES RELATIVE THERETO THE CITY COUNCIL OF THE CITY OF•POWAY DOES HEREBY ORDAIN As FOLLOWS: Section-1: PURPOSE: The purpose of; this ordinance :is to establish procedures for the reservation of sewerage capacity and promote the completion of projects with due diligence and todiscouragespeculation in and/or; the nonuse of, reserved sewerage capacity, a valuable public resource. Section 1.1 LETTERS OF AVAILABILITY: A Letter of Availability (LOA) shall be issued committing the City of: Poway to reserve sewerage availability -to a, parcel with an approved project as herein defined. Said letter shall only be issued for and after the applicant has received approval of a tenta- tive `tract map, tentative parcel map, use permit, or development review application. The applicant shall, within 30 days thereafter, apply; for an LOA and make concurrent payment to the City, a nonrefundable reservation fee equal to 20% of the appropriate sewerage connection fee in effect. tit the time the LOA is issued.. Section 1.2: The LOA shall represent that sewerage capacity is avail- able, to complete applicant's project, but in no circumstance for a period to exceed 2 years from the date applicant makes the initial 20% reservation fee payment pursuant to Section 1.1. Section 1.3; Within the two (2) year period designated in Section 1.2, the Applicant shall pay the City the balance of the sewerage connection fee oftheCity then in effect, and thereafter the City shall provide such sewerage capacity paid for Applicant's Project. In no case- shall building permits be issued prior to the payment of the balance of the sewerage connection fee then In effect. -Section 2: Where applicant's project is a tentative ,tract or parcel'map it shall be subject ecd to all � provisions of this ordinance except: 'the timelimita- tions of Section 1.2 In such case, the City shall represent in the LOA that sewerage availability is assured for applicant's project for a period of time equal to t:,e tire of expiration of the tentative map. Section 2.1 If, upon approval of a tentative map time extension, the ado_ ion of a General Plan an:end�ent, approval of a use permit or develop menz review application, the applicant's then approved or adopted project densit'r is less than that previously approved for said project, the sewerage capacity unback to the City's use. its no lancer required, shall revert All fees charged for reservation of the excess units shall be credited to t:;e ees then ci:: r::ea =or reservation of units -to serve the new project de ns _ tv -9/10/83 agenda 5 of 8 MAY 10 W3 ITEM Z 2. • - 0. j • . a 1 Ordinance No. 83 Page 2 . Section 2.2: Within 30 days of the date, applicant records the final - mag for a previously approved tentative map, the applicant shalla to p y the City, a nonrefundable reservation fee equal to 30% of the sewerage connection fee then in effect. Upon paying this second fee, the City shall , sewerage capacity for applicant's project for a reserve 36 months from date of recordation. P Period not to exceed 36 Section 2.3: Within the 36 month period designated in section .• on 2.2 the applicant shall pay the City the balance of the sewerage connection fee then in effect.:. Thereafter,. the City shall Provide such sewerage capacity paid for to applicant's project. In no case, shall building permits be issued prior to payment of the balance of the sewerage connection fee thenra effect. Section 3: Except for the provisions of of sewerage capacity obtained pursuant to this ordinance, each reservation on the date provided therein. After the date of a shall expire •. shall previously lose all rights to the xpiration,, the applicant reserved sewerage capacity for that project. Upon the expiration of a•_reservation of sewerage City shall retain an fees g capacity, the _Y paid consideration of the 'City•s reservation of sewerage capacity. Such fees shall.., not be credited against the • Payment .q Of future._sewerage connection .fees.. The City's Y previous representation to provide sewerage capacity shalt, as to,.that After,an expiration, the project, be null and, void. applicant shall be required to initiate a new application for reservation of Sewerage capacity, pursuant to t regulations and fees of the City then in effect, Payments mad he rules, reservation of sewerage capacity are only refundable when reserver sewerage capacity cannot be provided to a to receive sewer capacid project otherwise qualified ty,. City -will not unreasonably withhold capacity to applicant. This refund shall be the only recourse reserved gc against City for City's inability to deliver reserved capacity. Applicant shall..ar to this as a condition of receiving the LOA. gee Section 4 An applicant shall at all times to complete a � proceed with due diligence project. If an applicant is unable to meet any time limit established pursuant to this ordinance, the apply to the Ciapolicant may, at any time, City Coz:.Zcil for an extension- of such time limit.. application shall not be mace Any such later than 30 days Dri.or to the expiration of the - tom.: a li u.t for :mica an extension is being sought. If an an licant ides satin ractory proof to the Ci tv applicant has proceeded that the a aith due. diligence to ccr�p le to the may grant an extensca of ti=e project, the City e consstentit:i the provisions of this ordinance. The City may condito. Z the grantia�� of an extension 'upon the applicant's ccrpliazce gait certain ..condi.. ti: pa'l:rar of an annual, w .certain nonrefundablet; ns, such as, but not limited to, fee. The fee- shall deter-.ired bV the Cit. �o rzi : oe that amount to^c .oL,rsz the Ci a .j y, •• ing `••.. ...:`w dtz Which. tike ... CCStS a.S'.'30(.iateSi *IITZt:l ex- tending t -- o .. City reser;•es se:aer3ce czuaciry for a raj_c_, 6ofs - MAY 10 X33 ITEM 12 Vt .` Ir t •:.. - - Ordinance No 83 ; Page 3 r Section 4.1 The decision as to (a) what is due diligence, (b) for what period of time a particular time limit should be extended, and (c) what conditions, if any, shall be placed upon the granting of the extension,_ shall be matters within the discretion of the City. An applicant's failure to proceed with due diligence shall be grounds for denial of an extension of a time limit. i ' Section 4.2. If an extension of a firm a is ' granted, it shall not .exceed E 12 months. Upon grant of an extension, the applicant shall pay to the City, within 10 days of the Cit Council y y approval, a nonrefundable fee equal to 10% . of the sewerage connection fee .in effect at that time. Failure to make the 10% payment within the 10 day period shall render the LOA null and void. The payment required by this Section=shall be credited toward the final sewerage connection fee.L In addition, the applicant shall pay a nonrefundable charge to the Cit equal to 5 for each project which- ever q $ _ r p lett egw.valent dwelling unit. or $50, which. ever is more. This latter charge shad not be credited toward the sewerage. connection fee as it represents compensation to the City for the costs incurred in processing the time extension application. xp: Section 4.3: The connection fee shall not be paid in full at. the time of processing a tentative parcel map, tentative map, special use permit, or development review application. Section 5.: Any transfer, sale or assignment of a project may transfer the applicable LOA. If a transfer to the LOA is accomplished., the new owner project subject of the 'ect will be ect to all the A P 7 rrovsions of this ordinanceand shall have the same rights and obligations as the original applicant for the project. To transfer the LOA, the transferee or assignee must immediately notify.the City in writing of such change ,in ownership of the project. The City will not provide sewerage connection and capacity or recognize the validityof the LOA until the provisions of this section are satisfied. Section 5.1: An LOA shall pertain specifically to the project as descbrVeQ within the LOA. The LOA is not transferrable to any other project rc arty or any chanced condi tion of the applied project which increases required sewer capacity. Any attempt to transfer, sell, assign, or change as herein described, renders the LOA null and void. Section : :when the uncbl.igated sewer capacitor available to the Ciel reties 30 ecLi- alert d:ti�ellin g units, the Director of Public Services shall place that nua~.er of equivalent dwelling units into a reserve account. sect -;--r, 6.1: A Letter of Availabili't_i shall not be written against the reserve ac.. u..... 7 of 8 1gy 1019e3 ITEM 12 Ordinance No. 83 . Page 4 r Section 6.2; The Director of Public Services shall: allocate the reserve account o (a) failing septic systems a i" ,and` (b) single lateral, single Family dwellings.. Section 7: If the City has allocated all of its capacitysewers a g, approved projects will be placed on a waiting list. The waiting list shall list only approved projects in the order of time they requested • to be. placed upon the list and paid the 20o sewerage reservation fee. f Section 7.1: When capacity becomesravailable, + n the waiting list wi,l1'be ailocate3 capacity subject to Sectonclslothrou h 5; as set forth above in order of their 9 position on the waiting list. Section los Ordinance Nos. 68, 72, and 74 of the Pomerado Counttr. Water ,District are hereby rescinded. Introduced and first read at' a regular meeting of the City Council of the City of Poway held the Ilth day of `January, 1982 and thereafter'PAShEU and ADOPTED at a regular- of said City Council held the 18th dayof January, 1982, by he following roll call note;: s AYES: COUNCILZMEMBERS: Emery, Kruse, Oravec,,Tarzy, Shepardson NOES: COUNCILMEM,BERS: None ABSENT: COUNCILMEMBERS= None Mary L. Shenardson, Mayor ."� i „ - ► , :Fahlsc-an, cler* f f 8 of 8 ` MAY 10 3 ITEM 12