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:
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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
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MAY 10 183 ITEM 12
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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
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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.
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- 0. j •
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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
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MAY 10 3 ITEM
12