Ord 683ORDINANCE NO. 683
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTERS
5.02, 5.04, 5.08, 5.12, 5.16, 5.24, 5.28, 5.32, 5.40, 5.44, 5.48, 5.68, 5.72, 6.16, 6.24,
8.08, 8.56, 8.60, 8.64, 8.88, 9.48, 10.52, 12.08, 12.12, 12.16, 12.24, 12.38, 12.40,
13.08, 13.20, 15.05, 15.24, 16.10, 16.11, 16.43, 16.48, 16.50, 16.54, 16.62 AND 17.45,
ALL RELATED TO USER FEES
AND DELETING CHAPTERS 5.20, 5.36, 5.52, 5.66, 8.12, 9.08 AND 9.32
WHEREAS, on December 11, 2007, the City Council approved a Master
Schedule of Fees, and
WHEREAS, since Council approval of the Master Schedule of Fees, staff has
reviewed the Municipal Code to identify all sections of the Code that reference specific
fee amounts for purposes of removing those referenced from the Code, and
WHEREAS, removing specific fees from the Code will allow future modifications
to the Master Schedule of Fees to be approved by resolution, rather than by ordinance,
thereby simplifying the process, and
WHEREAS, during this review staff identified sections of the Code that should be
deleted because of reference to activities that are not permitted in the City of Poway,
and
WHEREAS, during this review staff also identified sections of the Code that
should be deleted because of reference to activities that are not regulated by the City of
Poway but are regulated by other agencies,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS
SECTION 1: Section 5.02.090 of the Poway Municipal Code is hereby amended to
read:
5.02.090 Certificate — Fee.
A. At the time of application for a business certificate, the City shall require the applicant
to pay a fee for the processing of said certificate. No portion of this fee shall include the
cost of any inspections, investigations or other functions required prior to the original
enactment of the ordinance codified in this chapter.
1. New Certificate Application Fee. A person applying for a certificate for a new
business, whether the business is new to the City, or an existing business which has
changed location, ownership, or type of business, shall be required to pay a fee as
shall be established by City Council resolution from time to time, which is intended to
recover the cost of processing the application.
2. Renewal of Certificate. A person who is applying for the renewal of an existing
certificate, and the business has not changed in ownership, location or type of business,
Ordinance No. 683
Page 2
shall be required to pay a fee as shall be established by City Council resolution from
time to time, which is intended to recover the cost of processing the application.
3. Exemption for Secondary Professional Operating from a Primary Business. A
beautician, barber, accountant, real estate licensee, doctor, dentist or similar type of
professional person who is in business for themselves, and uses space in a business
office area that has been issued a certificate for the primary business conducting the
same type of business shall not be required to have a separate certificate. However,
any time that it is necessary to revise the primary business by:
a. Structurally modifying the interior or exterior of the building that would require the
issuance of a building permit;
b. Changing the name of the business; or
c. The signage to provide for the secondary businesses operation, the holder of the
primary certificate must apply for a new certificate. No additional fees shall be charged
for the new certificate. (Ord. 116 § 8, 1983)
SECTION 2: Section 5.04.010 of the Poway Municipal Code is hereby amended to
read:
5.04.010 License — Required.
It is unlawful for any person, firm, or corporation to engage in, conduct, manage, or
carry on any of the following businesses, practices, professions, or occupations within
the City without first having obtained a license therefore in accordance with the uniform
licensing procedure:
A. Amusement establishment and devices;
C. Bingo;
D. Carnivals and go-cart centers;
E. Coupon books, distribution of;
F. Dances and dancehalls;
G. Dances, teenage;
H. Entertainment;
I. Female entertainers;
J. Firearms, sale of;
K. Junk, automotive wrecking, nonoperating vehicle storage yards;
L. Kennels;
M. Massage establishments;
N. Massage technician;
O. Massage technician trainee;
0. Secondhand dealers;
R. Shooting ranges;
S. Solicitors:
1. License,
2. Identification card;
T. Street patrols;
(Ord. 123 § 2, 1984; Ord. 73 i§ 1, 1982; CC Ord. 6408 § 1, 1982; Ord. 29 § 1, 1981; CC
§ 16.101)
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Page 3
SECTION 3: Section 5.08.070 of the Poway Municipal Code is hereby amended to
read:
5.08.070 License fee.
The license fee shall be established by City Council resolution from time to time. (Ord.
29 § 1, 1981; CC § 21.108)
SECTION 4: Section 5.12.080 of the Poway Municipal Code is hereby amended to
read:
5.12.080 License — Fees.
The fees for licenses issued pursuant to the terms of this article shall be payable in
advance; and for several types of classes of license provided in this article the fees
shall be established by City Council resolution from time to time. (Ord. 29 § 1, 1981; CC
§ 21.212)
SECTION 5: Section 5.12.250 of the Poway Municipal Code is hereby amended to
read:
5.12.250 Permit— Fees.
The fees for permits issued under this article shall be payable to the Issuing Officer in
advance; and for the several classes of permits provided in this section the fees shall be
established by City Council resolution from time to time. (Ord.29 § 1, 1981; CC §
21.255)
SECTION 6: Section 5.16.020 of the Poway Municipal Code is hereby amended to
read:
5.16.020 Class I entertainment license fee.
The annual fee for a class I entertainment license shall be established by City Council
resolution from time to time. (Ord. 29 § 1, 1981; CC § 21.280.5)
SECTION 7: Section 5.16.030 of the Poway Municipal Code is hereby amended to
read:
5.16.030 Class II entertainment license fee.
A. The annual fee for a class II entertainment license shall be:
1. The fees set forth in PMC 5.16.020; and
2. An additional annual fee as shall be established by City Council resolution
from time to time.
B. Wherever the fees for a class II entertainment license have been paid by an
applicant, no additional fee is required of the same applicant for a class I or class II
entertainment license for the same location covered by the class II entertainment
license. (Ord. 29 § 1, 1981; CC § 21.280.6)
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SECTION 8: Chapter 5.20 of the Poway Municipal Code is hereby removed in its
entirety.
SECTION 9: Section 5.24.030 of the Poway Municipal Code is hereby amended to
read:
5.24.030 Terms of license and fees.
A. The terms of a solicitor's license or identification card shall be one year; however, at
the discretion of the Issuing Officer or at the request of the applicant the term may be for
a lesser period. Thereafter the license or identification card may be renewed for a
period of one year anytime within 30 days prior to the expiration date of said license or
identification card upon application therefore.
B. The fee for a new solicitor's license shall be for a period of one year or less and shall
be established by City Council resolution from time to time. The fee for a license
renewal shall be established by City Council resolution from time to time.
C. The fee for a new solicitor's identification card or card renewal shall be established
by City Council resolution from time to time. One identification card shall be issued
without charge to the applicant who has paid the fee for a solicitor's license.
D. The appropriate fee shall accompany each application and is nonrefundable. The
fees referenced in this section are not for revenue purposes but shall be used to defray,
in part, the cost of investigation and enforcement of this chapter. (Ord. 29 § 1, 1981; CC
§ 21.503)
SECTION 10: Section 5.28.030 of the Poway Municipal Code is hereby amended to
read:
5.28.030 License — Procedure.
The procedure to follow, except as otherwise provided in this chapter, in obtaining a
license is that set forth in uniform licensing procedure, set out in Chapter 5.04 PMC.
The fee for a license shall be established by City Council resolution from time to time.
(Ord. 29 § 1, 1981; CC § 21.605)
SECTION 11: Section 5.32.040 of the Poway Municipal Code is hereby amended to
read:
5.32.040 License.
The procedure to follow, except as otherwise provided in this chapter, in obtaining a
license is that set forth in the uniform licensing procedure, set out in Chapter 5.04 PMC.
The fee for a license shall be established by City Council resolution from time to time.
(Ord. 29 § 1, 1981; CC § 21.706)
SECTION 12: Chapter 5.36 of the Poway Municipal Code is hereby removed in its
entirety.
Ordinance No. 683
Page 5
SECTION 13: Section 5.40.040 of the Poway Municipal Code is hereby amended to
read:
5.40.040 Fee.
A fee, as shall be established by City Council resolution from time to time, shall be paid
to the City through the Issuing Officer upon the filing of each application for a permit to
operate a carnival or go-cart center. (Ord. 29 § 1, 1981; CC § 21.1005)
SECTION 14: Section 5.40.050 of the Poway Municipal Code is hereby amended to
read:
5.40.050 Renewal fee.
The fee for renewal shall be established by City Council resolution from time to time.
(Ord. 29 § 1, 1981; CC § 21.1006)
SECTION 15: Section 5.44.030 of the Poway Municipal Code is hereby amended to
read:
5.44.030 Permit fee.
The fee for a permit shall be established by City Council resolution from time to time.
The fee shall be accompanied by a bond in the sum of $1,000. The procedure to follow,
except as otherwise provided in this chapter, in obtaining a permit is that set forth in the
uniform licensing procedures set out in Chapter 5.04 PMC. (Ord. 29 § 1, 1981; CC §
21.1103)
SECTION 16: Section 5.48.010 of the Poway Municipal Code is hereby amended to
read:
5.48.010 License — Generally.
The procedure to follow, except as otherwise provided in this chapter, in obtaining a
license is that set forth in the uniform licensing procedure, set out in Chapter 5.04 PMC.
The applicant shall pay as a fee for said license an amount as shall be established by
City Council resolution from time to time, and this fee shall be paid at the time
application for the license is made. The fee for renewal shall be established by City
Council resolution from time to time. (Ord. 29 § 1, 1981; CC § 21.1203)
SECTION 17: Chapter 5.52 of the Poway Municipal Code is hereby removed in its
entirety.
SECTION 18: Chapter 5.66 of the Poway Municipal Code is hereby removed in its
entirety.
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Page 6
SECTION 19: Section 5.68.070 of the Poway Municipal Code is hereby amended to
read:
5.68.070 Massage establishment license application fee.
The annual nonrefundable fee for a massage establishment license shall be established
by City Council resolution from time to time. The appropriate fee shall accompany the
submission of each application to defray in part the cost of inspection, investigation and
enforcement of this chapter. (Ord. 29 § 1, 1981; CC § 66.507)
SECTION 20: Section 5.68.080 of the Poway Municipal Code is hereby amended to
read:
5.68.080 Massage technician's permit.
A. The procedure to follow, except as otherwise provided in this chapter, in obtaining a
permit is that set forth in the uniform licensing procedure, set out in Chapter 5.04 PMC.
In addition to the reasons stated in the uniform licensing procedure the Issuing Officer
may deny the application for a permit where he finds that the applicant has, within five
years immediately preceding the date of filing of the application, been convicted of an
offense or has been adjudged to be a mentally disordered sex offender and has a duty
to register with the Sheriff or Chief of Police under Section 290 of the Penal Code; or
has been convicted of a violation of Section 314 (indecent exposure), 315 (keeping or
residing in a house of ill -fame), 316 (keeping a disorderly house, disturbing the peace),
647(a) (soliciting or engaging in lewd or dissolute conduct in a public place), or 647(b)
(soliciting or engaging in prostitution) of the Penal Code, or convicted in another State of
any offense which, if committed or attempted in this State would have been punishable
as one or more of the heretofore mentioned offenses.
B. No massage technician permit shall be issued by the Issuing Officer until he has
been notified in writing by the Health Department that the applicant has fulfilled the
requirements of PMC 5.68,100(M).
C. The trainee permit shall allow the student to work in a massage establishment under
the supervision and direction of a massage technician who has received a permit issued
under the provisions of this chapter; provided, however, no licensed massage
technician shall be permitted to supervise more than two persons issued a trainee
permit at any one time. The trainee permit shall expire nine months from the date of
issuance and shall not be renewed unless good cause is shown by the applicant for
such renewal. Any person desiring to obtain a permit to act as a massage technician
trainee shall make an application to the Issuing Officer.
D. The nonrefundable fee for a massage technician trainee permit and the annual
nonrefundable renewal fee shall be established by City Council resolution from time to
time. The appropriate fee shall accompany the submission of each application. The
trainee must at all times comply with the laws relating to massage establishments and
the failure to comply may render the trainee ineligible to obtain a massage technician
permit. (Ord. 29 § 1, 1981; CC § 66.508)
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SECTION 21: Section 5.68.090 of the Poway Municipal Code is hereby amended to
read:
5.68.090 Massage technician application fee.
A. The annual nonrefundable fee for a massage technician permit and the annual
nonrefundable renewal fee shall be established by City Council resolution from time to
time;; provided, however, the provisions of PMC 5.68.100(L) and (M) shall not apply to
such annual renewal. The appropriate fee shall accompany the submission of each
application to defray the cost of investigation and examination.
B. A permit to act as a massage technician does not authorize the operation of a
massage establishment. Any person obtaining a permit to act as a massage technician
who desires to operate a massage establishment must separately apply for a license
therefore. A person who applies for a license to operate a massage establishment and
who desires to act as a massage technician within said establishment who pays the fee
required by PMC 5.68.070 shall not be required to pay the fee required by this section.
(Ord. 29 § 1, 1981; CC § 66.509)
SECTION 22: Section 5.68.110 of the Poway Municipal Code is hereby amended to
read:
5.68.110 Massage technician trainee.
A massage technician trainee permit shall be issued to any person who has fulfilled the
requirements of PMC 5.68.100, with the exception of subsections L or M of that section
provided he is currently enrolled in a 'recognized school' as defined in PMC
5.68.040(K) and has completed at least 25 hours of instruction; and provided the
applicant submits a letter signed by the owner or manager of a licensed massage
establishment stating his immediate intent to employ the applicant to do massage as a
trainee working under the direct supervision and control of a massage technician who
has received a permit under the provisions of this chapter. The procedure to follow,
except as otherwise provided in this chapter, in obtaining a permit is that set forth in the
uniform licensing procedure set out in Chapter 5.04 PMC. In addition to the reasons
stated in the uniform licensing procedure, the Issuing Officer may deny an applicant for
a permit if he finds that:
A. The applicant has, within five years immediately preceding the date of the filing of the
application, been convicted of an offense or has been adjudged to be a mentally
disordered sex offender and has a duty to register with the Sheriff or Chief of Police
under Section 290 of the Penal Code; or has been convicted of a violation of Sections
314 (indecent exposure), 315 (keeping or residing in a house of ill -fame), 316 (keeping
a disorderly house, disturbing the peace), 647(a) (soliciting or engaging in lewd or
dissolute conduct in a public place), or 647(b) (soliciting or engaging in prostitution) of
the Penal Code, or convicted in another State or any offense which, if committed or
attempted in this State, would have been punishable as one or more of the heretofore
mentioned offenses.
B. The trainee permit shall allow the student to work in a massage establishment under
the supervision and direction of a massage technician who has received a permit issued
under the provisions of this chapter, provided, however, no licensed massage
Ordinance No. 683
Page 8
technician shall be permitted to supervise more than two persons issued a trainee
permit at any one time. The trainee permit shall expire nine months from the date of
issuance and shall not be renewed unless good cause is shown by the applicant for
such renewal. Any person desiring to obtain a permit to act as a massage technician
trainee shall make an application to the Issuing Officer.
C. The nonrefundable fee for a massage technician trainee permit and the annual
nonrefundable renewal fee shall be established by City Council resolution from time to
time. The appropriate fee shall accompany the submission of each application. The
trainee must at all times comply with the laws relating to massage establishments and
the failure to comply may render the trainee ineligible to obtain a massage technician
permit.
D. An applicant who is denied a trainee permit may request a hearing from the Issuing
Officer. Such request must be made in writing and filed with the Issuing Officer within
five days after the applicant has received notice of the denial. The Issuing Officer shall
notify the applicant of the time and place of such hearing. (Ord. 29 § 1, 1981; CC §
66.511)
SECTION 23: Section 5.68.150 of the Poway Municipal Code is hereby amended to
read:
5.68.150 Change of location.
A change of location of a licensed massage establishment shall be approved by the City
Council provided all applicable provisions of this chapter are complied with and a
nonrefundable change of location fee, as shall be established by City Council resolution
from time to time, has been paid to the Development Services Department, and the
Building Division has inspected the new location and has advised the Director of
Development Services that it complies with the requirements of this chapter. (Ord. 518,
1999; Ord. 29 § 1, 1981; CC § 66.517)
SECTION 24: Section 5.68.200 of the Poway Municipal Code is hereby amended to
read:
5.68.200 Fee modification and allocation.
A. All fees referenced in this chapter shall be reviewed annually by the City Manager to
determine whether such fees are adequate to cover the cost of implementing the
provisions of this chapter. If the City Manager determines that such fees should be
modified he shall submit his proposal to the City Council for approval. The City Council,
after the effective date of the ordinance codified in this chapter, may establish any
schedule of fees by resolution.
B. All fees established by this chapter shall be collected by the Department of
Administrative Services. (Ord. 29 § 1, 1981; CC § 66.531)
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Page 9
SECTION 25: Section 5.72.080 of the Poway Municipal Code is hereby amended to
read:
5.72.080 Term of license and fees.
A. The term of a bingo license is one year.
B. The fee for a bingo license shall be established by City Council resolution from time
to time., A portion of the fee shall be refunded if the application for a license is denied.
An additional fee, as established by City Council resolution from time to time, will be
applied to monthly gross receipts over $5,000 derived from bingo games and shall be
collected monthly by the Issuing Officer. (Ord. 29 § 1, 1981; CC § 37.309)
SECTION 26: Section 5.72.090 of the Poway Municipal Code is hereby amended to
read:
5.72.090 Limitations.
An authorized organization shall conduct a bingo game only on property that has been
owned or leased by it for a period of not less than 12 months immediately preceding the
filing of an application to conduct bingo, and which property is used by such
organization for an office or for the performance of the purposes for which the
organization is organized. Nothing in this section shall be construed to require that the
property owned or leased by the organization be used or leased exclusively by such
organization.
A. No minors shall be allowed to participate in any bingo game.
B. All bingo games shall be open to the public, not just to the members of the authorized
organization.
C. A bingo game shall be operated and staffed only by members of the authorized
organization. Such members shall be approved by the Chief of Police. If, after the
license has been issued, the authorized organization submits additional names to the
Issuing Officer for approval, the application for approval shall be accompanied by a fee
for each additional name, as shall be established by City Council resolution from time to
time, and of which no part shall be refundable, and which shall be used to defray the
cost of investigation. Such members shall not receive a profit, wage or salary from any
bingo game. Only the organization authorized to conduct a bingo game shall operate
such game or participate in the promotion, supervision or any other phase of such
game.
D. No individual, corporation, partnership, or other legal entity except the organization
authorized to conduct a game shall hold a financial interest in the conduct of such bingo
game.
E. With respect to organizations exempt from payment of the bank and corporation tax
by Section 23701d of the Revenue and Taxation Code, all profits derived from a bingo
game shall be kept in a special fund or account and shall not be commingled with any
other fund or account. Such profits shall be used only for charitable purposes. With
respect to other organizations authorized to conduct bingo games, all proceeds derived
from a bingo game shall be kept in a special fund or account and shall not be
commingled with any other fund or account. Such proceeds shall be used only for
charitable purposes, except as follows:
Ordinance No. 683
Page 10
1. Such proceeds may be used for prizes.
2. A portion of such proceeds, as established by City Council resolution from time to
time, may be used for the rental of property, overhead, including the purchase of bingo
equipment, and administrative costs, security equipment and security personnel.
3. Such proceeds may be used to pay license fees.
Within 30 days after the bingo game is held the applicant will file with the Issuing Officer
a full and complete financial statement of all moneys collected, disbursed and the
amount remaining for charitable purposes.
F. No person shall be allowed to participate in a bingo game unless the person is
physically present at the time and place in which the bingo game is being conducted.
G. The total value of the prizes awarded during the conduct of any bingo games shall
not exceed $250.00 in cash or kind, or both, for each separate game which is held.
H. No bingo game shall be conducted between the hours of midnight and 8:00 a.m.
I. The licensee may conduct bingo on not more than three days during any seven-day
period. Once during each year the Issuing Officer may permit a licensee to conduct
bingo games for more than three days during any seven-day period; provided, that such
permission shall be limited to bingo games which will be conducted in conjunction with
an established annual event regularly held by the licensee. (Ord. 106 § 4, 1983; Ord. 29
§ 1, 1981; CC § 37.312)
SECTION 27: Section 6.16.080 of the Poway Municipal Code is hereby amended to
read:
6.16.080 Transportation of dead animals.
A. Any person desiring to engage in the business of collecting and/or conveying or
transporting dead animals along any public highways in the City or who collects and/or
so transports such animals incidental to the operation of a business, shall annually
make an application to the department of general services for a separate permit for
each vehicle in which dead animals are to be transported or conveyed.
B. The City Manager or designee shall make an investigation to determine that such
vehicle to be used will be suitable to transport dead animals and that such vehicle has a
watertight body or watertight tank within which dead animals may be transported or
conveyed. If the City Manager or designee is satisfied that such applicant meets the
requirements of this chapter he shall grant the applicant a permit to transport dead
animals over any public highway in the vehicle for which the permit is issued. The fee
for such permit shall be established by City Council resolution from time to time, and
shall be paid and collected prior to the issuance of the permit.
C. Unless sooner revoked every permit issued pursuant to this section shall expire
December 31st of the year in which it is issued. Each permit issued pursuant to this
section shall be displayed in a prominent place on the vehicle for which it is issued.
(Ord. 29 § 1, 1981; CC § 62.808)
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SECTION 28: Section 6.24.040 of the Poway Municipal Code is hereby amended to
read:
6.24.040 Duties and responsibilities.
It shall be the duty and responsibility of the person, rodeo committee, or other
organization presenting the rodeo to ensure that the requirements of this chapter are
fulfilled. Each such person, committee, or organization shall be subject to civil fine as
shall be established by City Council resolution from time to time or any other civil
remedy imposed for the violation of any provision hereof, whether the violation was
committed by such person, committee, or organization, or by an agent, independent
contractor, volunteer, or employee of such person, committee, or organization. Any
person who directly commits any violation of this chapter shall be subject to all of the
criminal and civil penalties provided in PMC 1.08.010 of this code. This section shall not
create a private right of action. Any action created hereby shall be commenced only by
the City Attorney. Any civil fine shall be payable to the City. (Ord. 536 § 1, 2001)
SECTION 29: Chapter 8.08.240 of the Poway Municipal Code is hereby amended to
read:
8.08.240 Application fees.
A. Every applicant, except any State or local governmental agency or public district,
shall pay a fee for each application for variance. The fee amount shall be established by
City Council resolution from time to time.
B. A request for a duplicative permit or variance shall be made in writing to the noise
control officer within 10 days after the destruction, loss, or defacement of a permit or
variance. A fee, which shall be established by City Council resolution from time to time,
shall be charged, except to any State or local government agency or public district, for
issuing a duplicate permit or variance. (Ord. 29 § 1, 1981; CC § 36.426)
SECTION 30: Chapter 8.08.250 of the Poway Municipal Code is hereby amended to
read:
8.08.250 Extension fees.
If a permit or variance is to be extended beyond the original use termination on date of
permit or variance, the extension fee shall be established by City Council resolution
from time to time. (Ord. 29 § 1, 1981; CC § 36.427)
SECTION 31: Chapter 8.08.300 of the Poway Municipal Code is hereby amended to
read:
8.08.300 Filing fee.
Request for hearing shall be initiated by the filing of a petition in triplicate with the City
Clerk and the payment of a fee, which shall be established by City Council Resolution
from time to time. A copy of the petition shall also be made in person or by mail and
service may be proved by written acknowledgement of the person served or by the
affidavit of the person making the service. (Ord. 29 § 1, 1981; CC § 36.432)
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Page 12
SECTION 32: Chapter 8.12 of the Poway Municipal Code is hereby eliminated in its
entirety.
SECTION 33: Chapter 8.56.210 of the Poway Municipal Code is hereby amended to
read:
8.56.210 Extension of permit.
Any permit issued pursuant to this chapter may be extended at the option of the Health
Officer. Each individual extension granted by the Health Officer shall be for not longer
than 120 days. In no event shall the Health Officer grant an extension which would
make the total term of the permit exceed one year. Application for extension shall be
made on a form provided by the Health Officer. The fee for submitting such application
shall be an amount as established by City Council resolution from time to time. (Ord. 29
§ 1, 1981; CC § 67.445)
SECTION 34: Chapter 8.60.250 of the Poway Municipal Code is hereby amended to
read:
8.60.250 Reinspections — Fee.
When an inspection has been ordered and the work is found to be not ready for
inspection and approval, the Director shall cause an official notice to be posted on the
job stating the changes necessary in order that the work will comply with the
requirements of this chapter. As soon thereafter as practicable the owner or contractor
shall cause the changes to be made and upon completion thereof shall notify the
department that the unit or system is ready for reinspection. As soon thereafter as
practicable the Director shall make or cause a reinspection to be made. If upon
reinspection the work is approved, a certificate to that effect shall be posted as specified
in this chapter. The fee for each reinspection shall be an amount as established by City
Council resolution from time to time, which fee shall be paid to the Director. (Ord. 29 §
1, 1981; CC § 68.333)
SECTION 35: Chapter 8.60.260 of the Poway Municipal Code is hereby amended to
read:
8.60.260 Inspection of existing subsurface disposal systems — Fee.
A. Any person desiring the inspection of an existing septic tank, settling tank, cesspool,
or other subsurface sewage disposal unit or system by the Director shall file with the
Director a written request for such inspection accompanied by an inspection fee of an
amount as established by City Council resolution from time to time. A separate request
for each unit or system shall be required, and the request shall contain such information
as the Director may require and shall be made upon a form prescribed and furnished by
the Director.
B. As soon after the request is made as is practical, the Director shall make or cause to
be made the requested inspection and shall determine whether the inspected unit or
system functions satisfactorily in accordance with the provisions of this chapter. In the
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Page 13
event that the unit or system is found not to function satisfactorily the Director shall upon
written request make or cause to be made a reinspection, and the fee for each such
reinspection shall be an amount as established by City Council resolution from time to
time, payable to the Director in advance. (Ord. 29 § 1, 1981; CC § 68.336)
SECTION 36: Chapter 8.64.040 of the Poway Municipal Code is hereby amended to
read:
8.64.040 Annual registration fee — Ten percent penalty for delinquency.
In addition to the examination fee provided in PMC 8.64.020, there is imposed an
annual registration fee upon each person registered as a septic tank or cesspool
cleaner under the provisions of Chapter 6, Division 20 of the Health and Safety Code of
the State. Said registration fee shall be as shall be established by City Council
resolution from time to time and shall be paid to the Health Officer as set forth in PMC
8.20.080. (Ord. 67 § 1, 1982; CC Ord. 6378 § 29, 1982; Ord. 29 § 1, 1981; CC §
68.444)
SECTION 37: Chapter 8.64.050 of the Poway Municipal Code is hereby amended to
read:
8.64.050 Vehicle registration fee — Ten percent penalty for delinquency.
There is imposed an annual registration fee, as shall be established by City Council
resolution from time to time, for each seepage pumping vehicle. Said registration fee
shall be paid to the Health Officer as set forth in PMC 8.20.080. (Ord. 67 § 1, 1982; CC
Ord. 6378 § 30, 1982; Ord. 29 § 1, 1981; CC § 68.444a)
SECTION 38: Chapter 8.88.060 of the Poway Municipal Code is hereby amended to
read:
8.88.060 Maintenance of files.
A. The Health Officer shall maintain files for at least 30 years of all disclosure forms
received and provide for a data bank of generic MSDS health and safety information.
These files shall be open to the public for inspection and reproduction during normal
business hours. The disclosure forms shall be filed by street address.
B. Any person may request information regarding hazardous materials at an
establishment from the City Department of Health Services. In situations involving
potential or actual exposures, the department shall within two working days of the
person's request, examine the records of any establishment made available or
submitted pursuant to PMC 8.88.070(C) to obtain the information requested. The
department shall release the information to the requesting person within five working
days of the person's request consistent with the requirements of PMC 8.88.100. In the
event of a medical emergency, the department shall take all measures necessary to
obtain the information immediately.
C. In situations involving nonimminent public health concerns, or requests for large
amounts of information, the department shall provide the information within a
reasonable period of time, given the nature and extent of the request. The department
Ordinance No. 683
Page 14
may collect fees, as established by City Council resolution from time to time, to recover
costs for providing information under this subsection. (Ord. 94 § 1, 1983; Ord. 29 § 1,
1981; CC § 68.646)
SECTION 39: Chapter 9.08 of the Poway Municipal Code is hereby eliminated in its
entirety.
SECTION 40: Chapter 9.32 of the Poway Municipal Code is hereby eliminated in its
entirety.
SECTION 41: Section 9.48.320 of the Poway Municipal Code is hereby amended to
read:
9.48.320 Skate parks.
It is unlawful and punishable as set forth in PMC 1.08.010 for any person:
A. To ride a skateboard, to skate or to be within the fenced area surrounding the skate
facility in a skate park owned or operated by the City, whether supervised or not, unless
that person is wearing a helmet, elbow pads and knee pads which are in serviceable
condition and properly fastened in accordance with the manufacturer's
recommendations for such equipment;
B. To ride, jump, carry, possess or have any scooter or bicycle in a skate park owned
and/or operated by the City, whether supervised or not;
C. To operate motorized equipment in the facility;
D. To perform stunt, trick or luge maneuvers in or around the skate park, or in the skate
park parking lot;
E. To consume any food, beverage, alcoholic beverage or drugs in or upon the skate
park;
F. To use tobacco products within the skate park;
G. To possess glass within the skate park;
H. To use the skate park under wet conditions;
I. To possess or use unauthorized ramps, jumps or obstacles in the skate park;
J. To fail to wear the protective equipment required by this section and to remain at the
skate park after having been directed to leave by any peace officer for that reason;
K. To enter or to return to the skate park for the purpose of using the skate park unless
said person is wearing the protective equipment required by this section;
L. To use the skate park when under the age of 14 unless accompanied by a parent or
guardian;
M. For a parent, guardian or other adult person having custody of a minor under the age
of 18 years to allow such minor to use the skate park unless said minor is wearing the
protective equipment required by this section.
City of Poway staff, Sheriffs Department personnel and similarly authorized individuals
are exempted from the provisions of this section when their presence is in conjunction
with the performance of their duties.
The City shall erect and maintain regulatory signs at all skate parks owned and/or
operated by the City. Such signs shall give notice that any person riding a skateboard or
skates in the facility must wear a helmet, elbow pads, and kneepads, and that any
Ordinance No. 683
Page 15
person failing to do so will be subject to citation under this section. Such signs shall also
give notice that any person riding, jumping, carrying, possessing or having a scooter or
bicycle in the facility shall be subject to citation under this section. In addition, said sign
will give notice that a violator's skates, skateboard, scooter or bicycle may be
impounded subject to an impound fee in an amount that shall be established by City
Council resolution from time to time.
Any peace officer, public safety volunteer, or park ranger shall have the authority to
seize and confiscate any property, thing or device which is located in the skate park and
which is used in violation of this section. The property may be impounded and seized as
evidence of the violation. If property is impounded, an impound fee in an amount that
shall be established by City Council resolution from time to time will be charged. (Ord.
630 § 2, 2005)
SECTION 42: Section 10.52.050 of the Poway Municipal Code is hereby amended to
read:
10.52.050 Removal and disposal procedures.
Any vehicle located on property other than a highway may be removed as a public
nuisance and disposed of in accordance with the following procedures:
A. Not less than 10 days prior to any removal or disposal of a vehicle, a notice of
intention to abate and remove the vehicle as a public nuisance shall be issued unless
the property owner and the owner of the vehicle have signed releases authorizing
removal and waiving further interest in the vehicle. The notice shall contain a statement
of the hearing rights of the owner of the vehicle and of the owner of the property on
which the vehicle is located. The statement shall include notice to the property owner
that he may appear in person at a hearing or may submit a sworn written statement
denying responsibility for the presence of the vehicle on the land, with his reasons for
such denial, in lieu of appearing. The notice of intention to abate shall be mailed, by
registered or certified mail, to the owner of the land as shown on the last equalized
assessment roll and to the last registered and legal owners of record unless the vehicle
is in such condition that identification numbers are not available to determine ownership.
B. Upon request by the owner of the vehicle or the owner of the land on which the
vehicle is located, a public hearing shall be held before the City Manager or any other
regularly salaried full-time employee of the City whom the City Manager may designate.
This request shall be made to the Manager or his designee within 10 days after the
mailing of the notice of intention to abate and remove the vehicle.
C. The owner of the land on which the vehicle is located may appear in person at the
hearing. Instead of making an appearance, he may present a sworn written statement,
in time for consideration at the hearing, denying responsibility for the presence of the
vehicle on the land, with his reasons for his denial. This statement shall be construed as
a request for a hearing which does not require the presence of the owner submitting the
request. If it is determined at the hearing that the vehicle was placed on the land without
the consent of the landowner and that he has not acquiesced in its presence, then the
costs of administration or removal of the vehicle shall not be assessed against the
property upon which the vehicle is located, pursuant to Government Code Section
38773.5, or collected from the landowner.
Ordinance No. 683
Page 16
D. No person shall reconstruct or make operable any vehicle removed under the
provisions of this article, unless it is a vehicle which qualifies for either horseless
carriage license plates or historical vehicle license, pursuant to Section 5004 of the
California Vehicle Code, in which case the vehicle may be reconstructed or made
operable.
E. This article shall not apply to:
1. A vehicle which is completely enclosed within a building in a lawful manner where it is
not visible from the street or other public or private property; or
2. A vehicle which is stored or parked in a lawful manner on private property in
connection with the business of a licensed dismantler, licensed vehicle dealer or a
junkyard.
This exception shall not, however, authorize the maintenance of a public or private
nuisance as defined under provisions of law other than this section.
F. Vehicle may be disposed of by removal to a scrapyard, automobile dismantler's yard,
or any suitable site for processing as scrap, or other final disposition consistent with
subsection D of this section.
G. Notice shall be given to the Department of Motor Vehicles within five days after the
date of removal, identifying the vehicle and any evidence of registration available
including, but not limited to, the registration card, certificate of ownership or license
plates.
H. The cost of removal and disposal of any vehicle, and the administrative fee as shall
be established by City Council resolution from time to time, may be charged against the
person who is determined to be responsible for the maintenance of the vehicle as a
public nuisance.
I. Provisions of this section shall be administered by regularly salaried full-time
employees of the City except that the removal of vehicles from the property may be by
any other duly authorized person. Any such authorized person may enter upon private
property for the purposes specified in this section to examine a vehicle, and remove or
cause to be removed the vehicle declared to be a nuisance pursuant to this section.
J. Any licensed dismantler or commercial enterprise acquiring vehicles removed
pursuant to this section shall be excused from the reporting requirements of Section
11520 of the California Vehicle Code; and any fees and penalties which would
otherwise be due the Department of Motor Vehicles are waived; provided, that a copy of
the resolution or order authorizing disposition of the vehicle is retained in the
dismantler's or commercial enterprise's business records. (Ord. 25 § 2(b), 1981)
SECTION 43: Section 12.08.050 of the Poway Municipal Code is hereby amended to
read:
12.08.050 Permit fee.
Every person applying for a permit required by this chapter shall at the time of making
application for the permit pay an issuance fee. The issuance fee amount shall be
established by City Council resolution from time to time. (Ord. 29 § 1, 1981; CC §
71.204.1)
Ordinance No. 683
Page 17
SECTION 44: Section 12.08.070 of the Poway Municipal Code is hereby amended to
read:
12.08.070 Copies of permit on sections of structure.
If a building or structure is moved in more than one section, and more than one of such
sections are moved at the same time, the moving contractor shall affix and maintain at
all times while they are on the highway in a conspicuous place on each section on
which the original permit is not affixed, true copies of such permit. Such true copies
shall be issued by the Director of Public Works upon payment to him by the applicant of
an issuance fee for each additional copy. The fee for additional copies shall be
established by City Council resolution from time to time. (Ord. 29 § 1, 1981; CC §
71.206)
SECTION 45: Section 12.08.100 of the Poway Municipal Code is hereby amended to
read:
12.08.100 Deposits according to classification.
Every applicant for a permit from whom an issuance fee is required, who does not
maintain a sufficient general deposit , shall deposit an amount as shall be established
by City Council resolution from time to time. The deposit amount will vary, depending on
the permit classification. (Ord. 29 § 1, 1981; CC § 71.209)
SECTION 46: Section 12.08.260 of the Poway Municipal Code is hereby amended to
read:
12.08.260 Permit for specific equipment — Fee — Bond.
A. The Director of Public Works may in his discretion, if good cause appears, issue a
permit authorizing the applicant to operate or move over and along highways specific
pieces of mobile mechanical equipment, on specific vehicles or specific pieces of
mechanical equipment or specific vehicles, or emergency public utility equipment on
specific vehicles. Any such permit shall be subject to the following conditions:
1. The permit shall be limited to specified highways or a specified area of the City and
shall specifically describe the highways or the area of the City to which it is limited. This
limitation shall be fixed by the Director of Public Works so as to afford protection to
highways and the traveling public;
2. The granting of the permit shall in no way relieve the permittee from liability for
damage to the highways or to person or property;
3. The permit shall be issued for a specific period of time designated by the Director of
Public Works and set forth in the permit, which period shall not exceed one year;
4. The permit may be issued subject to such other conditions as the Director of Public
Works deems necessary for the protection of the highways and the traveling public.
B. The application for a permit pursuant to this section shall be made on a form
furnished by the Director of Public Works and shall contain the information required by
Section 35781 of the Vehicle Code and such other information as may be required by
the Director of Public Works including the power unit to be used to tow any oversize or
overweight trailer coaches. The application shall be accompanied by payment of a fee
Ordinance No. 683
Page 18
in an amount that shall be established by City Council resolution from time to time, and
which shall be in lieu of any other fee prescribed by this title. Prior to the issuance of
any permit, the applicant shall file with the Director of Public Works a surety bond
satisfactory to the Director of Public Works in the amount of $5,000 for the protection of
highways from injury and to provide indemnity for any damage resulting from the
operation or movement under the permit. The filing of such bond shall satisfy the
provisions of this chapter requiring the deposit of money with the Director of Public
Services, insofar as any permit issued pursuant to this section is concerned, and a
single $5,000 bond may in the discretion of the Director of Public Services be deemed
sufficient security for the issuance of one or more permits to the same applicant
pursuant to this section. (Ord. 29 § 1, 1981; CC § 71.225)
SECTION 47: Section 12.12.070 of the Poway Municipal Code is hereby amended to
read:
12.12.070 Permit fee.
Every person, unless exempted by law, applying for a permit required by this chapter
shall at the time of making application for the permit pay an issuance fee in an amount
that shall be established by City Council resolution from time to time. (Ord. 29 § 1, 1981;
CC § 71.307)
SECTION 48: Section 12.12.150 of the Poway Municipal Code is hereby amended to
read:
12.12.150 General deposit in lieu of special deposit.
In lieu of making the special deposit required by PMC 12.12.140, the applicant may
make and maintain with the Director of Public Works a general deposit in an amount
estimated by the Director of Public Works to be sufficient to pay for the cost of permit
issuance fees and expected repairs occasioned by future excavations or obstructions.
The general deposit shall be established by City Council resolution from time to time
and shall be held and used for the same purposes as said special deposit. While a
general deposit is maintained in an amount sufficient to cover the amount of deposit
required for the making of any excavation or obstruction sought to be made, the
applicant need not make any special deposit. (Ord. 29 § 1, 1981; CC § 71.315)
SECTION 49: Section 12.16.080 of the Poway Municipal Code is hereby amended to
read:
12.16.080 Permit fee.
Every person applying for a permit required by this chapter shall at the time of making
application for the permit pay an issuance fee in an amount that shall be established by
City Council resolution from time to time. (Ord. 29 § 1, 1981; CC § 71.407)
Ordinance No. 683
Page 19
SECTION 50: Section 12.16.090 of the Poway Municipal Code is hereby amended to
read:
12.16.090 Engineering and/or inspection fee.
A. An applicant for a permit to construct any work, except curbs, walks, gutters or
highway surfaces, shall, in addition to the issuance fee, pay or make a deposit for an
engineering or inspection fee or engineering and inspection fee as follows:
1. An amount estimated by the Director of Public Works to be equal to twice the
actual cost of all necessary engineering and inspection;
2. An applicant for a permit to construct a driveway with surfacing other than dirt,
gravel or decomposed rock, shall, in addition to the issuance fee, pay an engineering
and/or inspection fee in an amount that shall be established by City Council resolution
from time to time.
B. The Director of Public Works shall not charge any engineering or inspection fee for a
permit to construct curbs, walks, gutters, or highway surfaces. (Ord. 29 § 1, 1981; CC §
71.408)
SECTION 51: Section 12.16.100 of the Poway Municipal Code is hereby amended to
read:
12.16.100 Refund or deficiency payment.
A. The engineering and inspection costs provided for in PMC 12.16.090(A)(2) shall be
presumed to be the actual cost. A refund shall not be made to any applicant unless the
inspection and/or engineering fee was erroneously collected, in which case the entire
amount may be returned, or if the driveway or driveways were not constructed by the
permittee, the applicant may apply for a refund of the unused fees less a charge in an
amount that shall be established by City Council resolution from time to time on the
permit for final inspection charges. Where the deposit has been made under PMC
12.16.090(A)(1), the Director of Public Works shall deduct from the deposit the amount
of the issuance fee and the actual cost to the City of the required engineering and
inspection. If such cost and fee is less than the deposit, the difference shall be refunded
to the person making the deposit in the same manner as provided by law for the
repayment of trust moneys.
B. If the cost, plus the issuance fee, exceeds the deposit, the permittee shall pay the
excess to the City. If he does not so pay within 15 days, the City may recover such sum
in any court of competent jurisdiction. Until such amount is paid, further permits shall not
be issued to such permittee. (Ord. 29 § 1, 1981; CC § 71.409)
SECTION 52: Section 12.24.080 of the Poway Municipal Code is hereby amended to
read:
12.24.080 Permit fee.
Every person applying for a permit required by this chapter shall, at the time of making
application for the permit, pay an issuance fee in an amount that shall be established by
City Council resolution from time to time. (Ord. 29 § 1, 1981; CC § 71.608)
Ordinance No. 683
Page 20
SECTION 53: Section 12.38.060 of the Poway Municipal Code is hereby amended to
read:
12.38.060 Filing fee.
A filing fee shall be paid to the City upon the filing of each application for a permit as
provided in this chapter for the purpose of defraying the expense of processing the
application. The amount of the filing fee shall be established by City Council resolution
from time to time. (Ord. 251 § 1, 1988)
SECTION 54: Section 12.40.030 of the Poway Municipal Code is hereby amended to
read:
12.40.030 Filing fee.
A filing fee shall be paid to the City upon the filing of each application for a permit as
provided in this chapter for the purpose of defraying the expense of investigating the
application. The amount of the filing fee shall be established by City Council resolution
from time to time. (Ord. 29 § 1, 1981; CC § 74.103)
SECTION 55: Section 12.40.140 of the Poway Municipal Code is hereby amended to
read:
12.40.140 Permit fees.
For each refuse container maintained and upon which is displayed advertising matter,
the permittee shall pay a license fee.. Said fee shall be payable in arrears to the
Director of Public Works quarterly on January 1st, April 1st, July 1st and October 1st of
each year. The amount of the license fee shall be established by City Council resolution
from time to time (Ord. 29 § 1, 1981; CC § 74.114)
SECTION 56: Section 13.08.050 of the Poway Municipal Code is hereby amended to
read:
13.08.050 Extension for completion — Connection fee.
A. An applicant shall at all times proceed with due diligence to complete a project. If an
applicant is unable to meet any time limit established pursuant to this chapter, the
applicant may, at any time, apply to the City Council for an extension of such time limit.
Any such application shall not be made later than 30 days prior to the expiration of the
time limit for which an extension is being sought.
B. If an applicant provides satisfactory proof to the City that the applicant has proceeded
with due diligence to complete the project, the City may grant an extension of time
consistent with the provisions of this chapter. The City may condition the granting of an
extension upon the applicant's compliance with certain conditions, such as, but not
limited to, the payment of an annual, nonrefundable fee. The fee shall be that amount
determined by the City to reimburse the City for costs associated with extending the
time during which the City reserves sewerage capacity for the applicant's project.
C. The decision as to:
1. What is due diligence;
Ordinance No. 683
Page 21
2. For what period of time a particular time limit should be extended; and
3. 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.
D. If an extension of a time is granted, it shall not exceed 12 months. Upon grant of an
extension, the applicant shall pay to the City, within 10 days of the City Council
approval, a nonrefundable fee equal to 10 percent of the sewerage connection fee in
effect at that time. Failure to make the 10 percent 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. In addition, the applicant shall pay a
nonrefundable charge to the City in an amount as established by City Council resolution
from time to time. This latter charge shall 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.
E. 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. (Ord. 83 § 4,
1983)
SECTION 57: Section 13.20.040 of the Poway Municipal Code is hereby amended to
read:
13.20.040 Application and fee for license — Fee.
An application for a license required by this chapter shall be made to the Director of
Public Works on forms provided by him for that purpose. Each application shall be
accompanied by a fee as shall be established by City Council resolution from time to
time and by a sketch of the proposed flight pattern together with evidence of tentative
approval of such flight pattern from the Civil Aeronautics Authority or its successors
where approval is required or permitted by law. (Ord. 29 § 1, 1981; CC § 85.302)
SECTION 58: Section 15.05.050 of the Poway Municipal Code is hereby amended to
read:
15.05.050 Plans and specifications — Maps.
Section 106.3.1 is added to read as follows:
106.3.1 Maps. Any person constructing a new development, which necessitates
updating of emergency response maps by virtue of new structures, hydrants, roadways
or similar features, shall be required to provide map updates in a format (PDF and/or
CAD format as approved by the FAHJ) compatible with current department mapping
services, and shall be charged a reasonable fee as established by City Council
resolution from time to time for updating all response maps.
Section 106.4 hereby is modified to read as follows:
106.4 Vegetation Management Plans. When utilized by the permit applicant pursuant to
Section 502, vegetation management plans shall be prepared and shall be submitted to
the Code official for review and approval as part of the plans required for a permit.
Section 106.7.1 is added to read as follows:
Ordinance No. 683
Page 22
105.7.1 Accuracy. While it is important for the information on the vicinity plan to be
accurate, it shall not require the precision of a formal land survey.
(Ord. 669 § 1, 2007)
SECTION 59: Section 15.24 .050 of the Poway Municipal Code is hereby amended to
read:
1524.050 Fire service features.
Section 502 is modified to add a definition of "Fire Access Road" as follows:
Fire Access Road. This is a general term inclusive of all other terms such as driveway,
fire lane, public street, private street, parking lot, lane, and access roadway.
Section 503.1.2 is modified to read as follows:
503.1.2 Additional Access. The Chief may require one or more secondary means of
access to a project, development or area where he or she deems that such access is
necessary for emergency operations and/or evacuation. The maximum length of a
dead-end road, including all dead end roads accessed from that dead-end road, shall
not exceed the following cumulative lengths, regardless of the number of parcels
served:
Parcels zoned for less than 1 acre 800 feet
Parcels zoned for 1 acre to 4.99 acres 1,320 feet
Parcels zoned for 5 acres to 19.99 acres 2,640 feet
Parcels zoned for 20 acres or larger 5,280 feet
These requirements may be modified when, in the opinion of the Chief, conditions
warrant.
All lengths shall be measured from the edge of the roadway surface at the intersection
that begins the road to the end of the road surface at its farthest point. Where a dead-
end road crosses areas of differing zoned parcel sizes, requiring different length limits,
the shortest allowable length shall apply.
Secondary access must be remote from the primary access, and must meet all
provisions of this section.
Section 503.2.1 is modified to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed improved
width of not less than 20 feet, except that single-family residential driveways serving no
more than two improved parcels containing dwelling units, shall have a minimum of 16
feet of unobstructed improved width. In most cases, the City of Poway construction
standards for streets (Chapter 12.20 PMC) will be more restrictive. The more restrictive
standard shall apply. Vertical overhead clearance shall be a minimum 13 feet, 6 inches.
Exceptions:
1. Upon approval by the Chief, vertical clearances or width may be reduced, provided
such reduction does not impair access by fire apparatus and approved signs are
installed and maintained indicating the established vertical clearance.
Ordinance No. 683
Page 23
2. Fire access roadways, gated entrances with card readers, guard stations or center
medians, which have separated lanes of one-way traffic, shall be not less than 12 feet
wide per lane.
Sections 503.2.3 through 503.2.5 are modified to read as follows:
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to
support the imposed loads of fire apparatus not less than 75,000 lbs. unless authorized
by the FAHJ, and shall be provided with an approved paved surface so as to provide all-
weather driving capabilities. When deemed necessary in the opinion of the Chief, a
paved driving surface shall mean asphalt or concrete surface.
503.2.4 Turning Radius. The turning radius of a fire apparatus access road shall be a
minimum of 28 feet as measured to the inside edge of the improvement width or as
approved by the Chief.
503.2.5 Dead Ends. All dead-end fire access roads in excess of 150 feet in length shall
be provided with approved provisions for the turning around of emergency apparatus. A
cul-de-sac shall be provided in residential areas where the access roadway serves
more than two structures. Minimum unobstructed paved radius width for a cul-de-sac
shall be 38 feet in residential areas. The Fire Chief shall establish a policy identifying
acceptable turnarounds for various project types.
Section 503.2.7 is modified to read as follows:
503.2.7 Grade. The gradient for a fire apparatus access roadway shall not exceed 20.0
percent. Grades exceeding 15.0 percent (incline or decline) shall not be permitted
without mitigation. Mitigation shall consist of, at a minimum, the installation of fire
sprinkler systems and a surface of Portland cement concrete (PCC), with a deep broom
finish perpendicular to the direction of travel, or equivalent, to enhance traction. The
Chief may require additional mitigation measures where he or she deems appropriate.
The angle of departure and angle of approach of a fire access roadway shall not exceed
7 degrees (12 percent) or as approved by the Chief.
Section 503.3.1 is added as follows:
503.3.1 Marking of Fire Apparatus Access Roads. When required, approved signs or
other approved notices shall be provided and maintained for fire apparatus access
roads to identify such roads and prohibit the obstruction thereof or both.
All new public roads, all private roads within major subdivisions, and all private road
easements serving four or more parcels shall be named. Road name signs shall comply
with City of Poway construction details and materials for porcelain street name signs
P9FL. The Chief may require the posting of a fire access roadway where parking has
obstructed or could obstruct the required width.
Section 503.4.1 is added as follows:
503.4.1 Roadway Design Features. Roadway design features (including speed bumps,
speed humps, and speed control dips) that may interfere with emergency apparatus
responses shall not be installed on fire access roadways, unless they meet design
criteria approved by the Chief.
Section 503.6.1 is added as follows:
503.6.1 Security Gates. All gates or other structures or devices which could obstruct fire
access roadways or otherwise hinder emergency operations are prohibited unless they
meet standards approved by the Chief, and receive Specific Plan approval.
Ordinance No. 683
Page 24
All automatic gates across fire access roadways and driveways shall be equipped with
approved emergency key -operated switches overriding all command functions and
opening the gate(s). Gates accessing more than four residences or residential lots, or
gates accessing hazardous institutional, educational or assembly occupancy group
structures, shall also be equipped with approved emergency traffic control -activating
strobe light sensor(s), or other devices approved by the Chief, which will activate the
gate on the approach of emergency apparatus with a battery back-up or manual
mechanical disconnect in case of power failure. In the event of a power failure, the gate
shall be automatically transferred to a fail-safe mode allowing the gate to be manually
pushed open without the use of special knowledge or equipment.
All automatic gates must meet fire department policies deemed necessary by the Chief
for rapid, reliable access.
Automatic gates serving more than one dwelling or residential lot in existence at the
time of adoption of this Ordinance are required to install an approved emergency key -
operated switch, or other mechanism approved by the Chief, at an approved location,
which overrides all command functions and opens the gate(s). Property owners must
comply with this requirement within 90 days of written notice to comply.
Where this section requires an approved key -operated switch, it shall be dual keyed or
dual switches provided to facilitate access by law enforcement personnel.
Section 505.1 is modified to read as follows:
505.1 Address Numbers. Approved numbers and/or addresses shall be placed on all
new and existing buildings and at appropriate additional locations as to be plainly visible
and legible from the street or roadway fronting the property from either direction of
approach. Said numbers shall contrast with their background, and shall meet the
following minimum standards as to size: four inches (4") for single-family dwellings; six
inches (6") for multi -family dwellings; between six inches (6") minimum and eighteen
inches (18") maximum for commercial buildings; and between eighteen inches (18")
minimum and twenty-four inches (24") maximum for industrial buildings. Additional
numbers shall be required where deemed necessary by the Fire Marshal, such as rear
access doors, building corners, and entrances to commercial centers. The Fire Chief
may establish different minimum sizes for numbers for various categories of projects.
Roof numbers. When required by the Chief, roof numbers shall be installed meeting
current fire department standards deemed necessary by the Chief.
Section 505.3 is added as follows:
505.3 Easement Address Signs. All easements which are not named differently from the
roadway, from which they originate, shall have an address sign installed and
maintained, listing all street numbers occurring on that easement, located where the
easement intersects the named roadway. Minimum size of numbers on that sign shall
be four inches (4") in height with a minimum stroke of 3/8 inch, and shall contrast with
the background.
Section 505.4 is added as follows:
505.4 Map/Directory. A lighted directory map, meeting current fire department
standards, shall be installed at each driveway entrance to multiple unit residential
projects and mobile home parks, where the number of units in such projects exceeds
15.
Ordinance No. 683
Page 25
Section 505.5 is added as follows:
505.5 Response Map Updates. Any new development, which necessitates updating of
emergency response maps by virtue of new structures, hydrants, roadways or similar
features, shall be required to provide map updates in a format (PDF and/or CAD format
as approved by the FAHJ) compatible with current department mapping services, and
shall be charged a reasonable fee as established by City Council resolution from time to
time for updating all response maps.
Section 506.1 is modified to read as follows:
506.1 Key Boxes. When access to or within a structure or an area is unduly difficult
because of secured openings or where immediate access is necessary for life saving or
firefighting purposes, the Chief is authorized to require a key box to be installed in an
accessible location. The key box shall be a type approved by the Chief and shall contain
keys to gain necessary access as required by the Chief.
Section 506.2.1 is added as follows:
506.2.1 Emergency Key Access. All central station -monitored fire detection systems
and fire sprinkler systems shall have an approved emergency key access box on site in
an approved location. The owner or occupant shall provide and maintain current keys
for the structure(s) for fire department placement in the box, and shall notify the fire
department in writing when the building is re -keyed.
Section 507.3 is modified to read as follows:
507.3 Penalties. The penalties set forth in the California Penal Code shall be applicable
to violations of Section 507 - Hazards to Firefighters.
Section 508.2.2 is modified to read as follows:
508.2.2 Water Storage Tanks. Water storage tanks, when permitted by the Chief, shall
comply with Table No. 508.2.2.
TABLE NO. 508.2.2
Gallons
Per
Minute
Building
Water
Capacity
Duration
Square Feet
Flow
Gallons
Minutes
Up to 3,600
10,000
40
3,601 to
7,700
250
15,000
60
7,701 and
above
333
20,000
60
When exposure distance is one hundred
feet (100') or less from adjacent property or
the severity of potential fire risk has been
determined to exist, an increase in water
storage may be required by the Chief.
Ordinance No. 683
Page 26
1. Tank elevation shall be equal to or higher than the Fire Department connection on the
premises. Regardless of domestic use, all tanks shall be equipped with a device that will
ensure that the tank contains the designated amount of water for fire flow duration as
determined by the Fire Department. Tank size may be increased to serve multiple
structures on a single parcel.
2. Supply outlet shall be at least 4 inches in diameter from the base of the tank to the
point of outlet at the Fire Department connection. The Fire Department connection shall
be at least one 4 -inch National Standard Thread (male), reduce to one 2 -1/2 -inch
National Standard Thread (male). Additional outlets may be required.
3. Location of Fire Department outlet to be determined on the plot plan when submitted
to the Fire Department. Consideration will be given to factors such as topography,
elevations, and distance from structures, driveway access, and prevailing winds.
4. The outlet shall be located along an access roadway and shall not be closer than 50
feet or further than 150 feet from the structure.
5. All exposed tank supply pipes shall be of an alloy or other material listed for above
ground use. Adequate support shall be provided.
6. Water storage tanks shall be constructed from materials approved by the Fire
Marshal and installed per manufacturer recommendations.
7. The Chief may require any necessary information to be submitted on a plot plan for
approval.
8. Vessels previously used for products other than water shall not be permitted.
Section 508.3 is modified to read as follows:
508.3 Fire Flow Requirements. Fire flows shall be based on Appendix B. Consideration
should be given to increasing the gallons per minute set forth in Appendix B to protect
structures of extremely large square footage and for such reasons as: poor access
roads; grade and canyon rims; hazardous brush; and response times greater than five
minutes by a recognized fire department or fire suppression company.
In hazardous fire areas as defined in Appendix B, the main capacity for new
subdivisions shall not be less than 8 inches in diameter and capable of supplying the
required fire flow, with a maximum flow velocity of 15 feet per second, unless otherwise
approved by the Chief and the City Engineer.
If fire flow increases are not feasible, the Chief may require alternative design standards
such as: alternative types of construction providing a higher level of fire resistance; fuel
break requirements which could include required irrigation; modified access road
requirements; specified setback distances for building sites addressing canyon rim
developments and hazardous brush areas; and other requirements authorized by this
Code and as specified by the Chief.
Section 508.5.1 is modified to read as follows:
508.5.1 Required Installations. The location, type and number of fire hydrants
connected to a water supply capable of delivering the required fire flow shall be
provided on the public or private street, or on the site of the premises to be protected, or
both, as required and approved by the Fire Code Official. Fire hydrants shall be
accessible to the Fire Department apparatus by roads meeting the requirements of
Section 503. For fire safety during the construction, alteration, or demolition of a
building, see Section 1412.1.
Ordinance No. 683
Page 27
Section 508.5.1.1 is added as follows:
508.5.1.1 Water Supplies and Fire Hydrants. For Group R-3 and U Occupancies, an
approved water supply capable of supplying the required fire flow for fire protection shall
be provided to all premises upon which facilities, buildings or portions of buildings are
hereafter constructed or moved into or within the jurisdiction. When any portion of the
facility or building protected is in excess of 500 feet for a parcel sized one acre or larger,
or 350 feet for a parcel sized less than one acre from a water supply on a public street,
as measured by an approved route around the exterior of the facility or building, on-site
fire hydrants and mains capable of supplying the required flow shall be provided when
required by the Chief.
Exception: Remodels and additions. Existing structures which are remodeled or added
to where the amount of new area does not exceed 1,500 square feet and the additional
or remodeled area is protected with an approved automatic fire extinguishing system.
Section 508.5.1.1.2 is added as follows:
508.5.1.1.2 Fire Hydrant Systems — Placement. In multi family zones and in commercial
and industrial zones, fire hydrants shall be installed at intersections, at the beginning
radius of cul-de-sacs, and every 300 feet of fire access roadways, regardless of parcel
size.
Exception: When improved methods of fire protection are provided, beyond those
required by the Code, and accepted by the Chief, adjusted spacing of fire hydrants from
those set forth above may be considered.
Section 508.5.1.1.3 is added as follows:
508.5.1.1.3 Fire Hydrant Systems — Materials/Construction. All fire hydrants shall be of
bronze construction, including all internal parts except seats. Alternate materials may be
used if approved by the Fire Marshal and the Public Works Department. The stems
shall be designed and installed in a manner that will ensure that they will not be
projected outward from the main body by internal water pressure due to disassembly.
The number and size of fire hydrant outlets shall be as follows:
1. One 4 inch and one 2-1/2 inch NST outlet. (4", 2-1/2")
2. One 4 inch and two 2-1/2 inch NST outlets. (4", 2-1/2", 2-1/2")
3. Two 4 inch and two 2-1/2 inch NST outlets. (4", 4", 2-1/2", 2-1/2")
In some instances the Chief may require the fire hydrant(s) to have any other
combination of 4 inch and 2-1/2 inch outlets.
(Ord. 670 § 1, 2007)
SECTION 60: Section 16.10.020 of the Poway Municipal Code is hereby amended to
read:
16.10.020 Notice of public hearing.
A. Upon receipt of a complete application, and completion of the report and
recommendations for the tentative subdivision or parcel map by the Director of
Development Services, the City Clerk shall set the matter for public hearing. At least 10
calendar days before the public hearing, the Clerk shall cause notice to be given of the
time, date and place of said hearing, including a general explanation of the matter to be
considered and a general description of the area affected, and the street address, if
Ordinance No. 683
Page 28
any, of the property involved. Such notice shall be published at least once in a
newspaper of general circulation, published and circulated in the City.
B. In addition to notice by publication, the City shall give notice of the hearing by mail or
delivery to all persons, including businesses, corporations or other public or private
entities, shown on the last equalized assessment roll as owning real property within 500
feet of the property which is the subject of the proposed subdivision or parcel map. In
addition, in the case of a proposed conversion of residential real property to a
condominium project, community apartment project or stock cooperative project, notice
shall be given as required by Government Code Section 66451.3.
C. In the event that the proposed subdivision or parcel map approved has been
requested by a person other than the property owner as such property owner is shown
on the last equalized assessment roll, the City shall also give mailed notice to the owner
of the property as shown on the last equalized assessment roll. In addition, notice shall
be given by first class mail to any person who has filed a written request with the
Development Services Department. Such a request may be submitted at any time
during the calendar year and shall apply for the balance of such calendar year. The City
may impose a reasonable fee, as established by City Council resolution from time to
time, on persons requesting such notice for the purpose of recovering the cost of such
mailing. All such notices by mail or delivery as required in this chapter, shall be
accomplished by the City Clerk.
D. Failure to receive notice as set out in this chapter shall not affect the validity of any
action taken pursuant to the procedures set forth in this division.
E. A copy of the report and recommendations to the City Council for the tentative map
prepared by the Director of Development Services, shall be served on the subdivider
and on each tenant of the subject property in the case of a proposed conversion of
residential real property to a condominium project, at least seven calendar days prior to
any public hearing or action on said tentative map by the City Council. Reasonable fees,
as established by City Council resolution from time to time, may be collected from the
subdivider for this purpose. (Ord. 518, 1999; Ord. 80 § 1, 1982; CC § 81.302)
SECTION 61: Section 16.11.080 of the Poway Municipal Code is hereby amended to
read:
16.11.080 Vesting on approval of vesting tentative map.
A. The approval or conditional approval of a vesting tentative map shall confer a vested
right to proceed with development in substantial compliance with the ordinances,
policies, and standards described in Government Code Section 66474.2.
However, if Section 66474.2 of the Government Code is repealed, the approval or
conditional approval of a vesting tentative map shall confer a vested right to proceed
with development in substantial compliance with the ordinances, policies and standards
in effect at the time the vesting tentative map is approved or conditionally approved.
B. Notwithstanding subsection A of this section, a permit, approval, extension or
entitlement may be made conditional or denied if any of the following are determined:
1. A failure to do so would place the residents of the subdivision or the immediate
community, or both, in a condition dangerous to their health or safety, or both.
2. The condition or denial is required, in order to comply with State or Federal law.
Ordinance No. 683
Page 29
C. The rights referred to in this section shall expire if a final map is not approved prior to
the expiration of the vesting tentative map as provided in PMC 16.11.070. If the final
map is approved, these rights shall last for the following periods of time:
1. An initial time period of one year. Where several final maps are recorded on various
phases of a project covered by a single vesting tentative map, this initial time period
shall begin for each phase when the final map for that phase is recorded.
2. The initial time period set forth in subsection (C)(1) of this section shall be
automatically extended by any time used for processing a complete application for a
grading permit or for design or architectural review, if such processing exceeds 30 days,
from the date a complete application is filed.
3. A subdivider may apply for a one-year extension before the initial time period set forth
in subsection (C)(1) of this section expires in accordance with PMC 16.10.080. The
decision of the City Council is final.
4. If the subdivider submits a complete application for a building permit during the
periods of time specified in subsections (C)(1), (2) and (3) of this section, the rights
referred to in this section shall continue until the expiration of that permit, or any
extension of that permit.
D. Notwithstanding subsection A of this section, the amount of any fees which are
required to be paid either as a condition of the map approval or by operation of any law
shall be determined by application of the law or policy in effect at the time the fee is
paid. The fee amount shall be established by City Council resolution from time to time.
The amounts of the fees are not vested upon approval of the vesting tentative map or
tentative parcel map. (Ord. 181 § 2 (Exhibit A), 1985)
SECTION 62: Section 16.43.050 of the Poway Municipal Code is hereby amended to
read:
16.43.050 Application — Permit expiration and extension.
A. Permit applications, for which a valid permit has not been issued, shall expire
automatically 180 days after receipt of the application by the City, after which time the
application and plans shall be deemed as expired and invalid.
B. Every duly issued permit shall be valid for a period of six months from the date of
issuance, and all work covered in the permit shall be completed within that period,
except as specified in this section.
C. The City Engineer may specify longer periods of time, up to two years, with
discretionary authority to allow additional extensions if the scope of the work dictates
such time period or any action by the City or litigation causes a delay in proceeding.
D. If the work authorized by the permit is not completed within the allowed permit
period, the City Engineer, upon written request from the permittee submitted prior to the
expiration of the allowed period, may extend the permit for a period or periods
reasonably necessary to complete the work, provided the applicant "diligently pursues"
the permitted work.
E. Every permit issued shall expire by limitation and shall become null and void if the
work authorized by the permit is not commenced and "diligently pursued" within 90 days
from the date of permit issuance, or if, after work is commenced, the work is terminated,
stopped, suspended or abandoned for a period of 90 days.
Ordinance No. 683
Page 30
F. Upon written request from the permittee, submitted prior to the expiration of the 90 -
day period in which work was to commence, the City Engineer may extend the period in
which the permittee must start work, provided the permittee demonstrates to his
satisfaction that circumstances beyond the permittee's control prevented
commencement of the approved work.
G. As a condition of the extension of any time period, the City Engineer may require the
payment of additional permit, plan checking, inspection, and/or soils review fees
required to cover the administration of the extensions and/or increased costs to the City
and to bring the project into conformance with any fee schedule, as established by City
Council resolution from time to time, in effect at the time of extension.
H. The City Engineer may require the amendment or change of approved plans for any
of the following reasons:
1. Extension or renewal of the permit;
2. Changes have been made in the actual work which is not reflected on the approved
plans;
3. Change of the scope or quantity of work;
4. Construction, traffic, drainage, soil, geologic, public safety, or environmental
problems not considered, known or evident at the time of permit issuance or plan
approval.
I. For the purpose of this section, "diligently pursued" work shall be work of such
magnitude, frequency or complexity so as to require the regular services of the
permittee's Soils Engineer and/or Civil Engineer, or other professionals, and which is
inspected at regular intervals by the City. (Ord. 345, 1991)
SECTION 63: Section 16.43.080 of the Poway Municipal Code is hereby amended to
read:
16.43.080 Revocation of permit.
A. The City Engineer shall have the power to revoke any permit granted under the
provisions of this chapter if the City Engineer determines that the permit was obtained
by fraud; or that one or more of the conditions upon which said permit was granted have
been violated; or that the permittee failed or refused to correct a deficiency or a hazard
upon the receipt of written notice and within the time specified in such notice; or that the
permittee fails or refuses to perform any of the work required; or fails or refuses to
conform with any of the conditions or standards established for any subdivision, use
permit or other approval granted by the City; or fails to eliminate any hazard or condition
as referred to in the above section.
B. The permittee may file a written appeal with the appropriate fee, which shall be
established by City Council resolution from time to time, with the City Clerk within 30
days of the decision of the City Engineer.
C. All work shall be suspended between the date the permittee is notified of revocation
and the date upon which the City Council hears any appeal pursuant to this code and
renders its decision. Any interested person may appear at an appeal hearing and
present evidence. At the conclusion of a hearing on any appeal of a permit revocation,
the Council may deny the appeal, modify existing conditions of, or add new conditions
to the permit, or reinstate the permit. The decision of the City Council shall be final.
Ordinance No. 683
Page 31
D. If a permit is revoked, no further work shall be done upon that site except the
correction of hazards, and the completion of any work required by the permittee's
agreement. Every agreement and every security required by this division shall remain in
full force and effect notwithstanding any such revocation. (Ord. 345, 1991)
SECTION 64: Section 16.48.010 of the Poway Municipal Code is hereby amended to
read:
16.48.010 Grading permit application.
A. Grading permit applications shall be provided by the applicant in a form approved by
the City Engineer.
B. A separate application, with plans, specifications and other supplemental data, shall
be required for each grading permit. The application shall be signed by the owner or
designated agent of the property to be graded.
C. A complete grading permit application shall be submitted for City review and
approval along with the following items, completed and signed by the applicant or his
representatives, unless otherwise waived or specified by the City Engineer or this code:
1. Transmittal letter;
2. Completed application form;
3. Grading plan including erosion control plans (six sets of prints);
4. Preliminary soils/engineering geologic investigation reports (three sets);
5. Hydrology and hydraulic report (three sets);
6. City conditions of approval (three sets);
7. Preliminary title report (three sets);
8. Initial grading plan check fees, initial and final soils review fees, and administrative
fees as established by City Council Resolution from time to time;
9. Letters of permission from the owners of any adjacent properties that are proposed to
be graded on; and
10. Haul route for import or export of excess material, including source of borrow
material or disposal site. (Ord. 345, 1991)
SECTION 65: Section 16.50.200 of the Poway Municipal Code is hereby amended to
read:
16.50.200 Protection of adjoining property.
Each adjacent owner is entitled to the lateral and adjacent support which his land
receives from the adjoining land, subject to the right of the owner of the adjoining land to
make proper and usual excavations on the same for purposes of construction or
improvement, under the following conditions:
A. Any owner of land, or his lessee, intending to permit or to make an excavation
greater than 10 feet in depth within 10 feet of his property lines shall give reasonable
notice to the owner or owners of land abutting the property lines affected by such
excavation, stating the depth for which such excavation is intended to be made and
when the excavation will begin.
B. In making any excavation, reasonable care and skill shall be used and reasonable
precautions taken that the soil of adjoining property will not cave in or settle to the
Ordinance No. 683
Page 32
detriment of any building or other structure which may be thereon. Excavations shall
meet all State and Federal regulations, including but not limited to, obtaining CAL OSHA
permits.
C. No grading shall be approved which, in the opinion of the City Engineer, physically
prevents the use of existing legal access to any parcel.
D. No rock blasting shall be permitted until a preblast survey of the surrounding property
is conducted to the satisfaction of the City Engineer. During rock blasting, seismic
recordings shall be taken for all blasts at locations and levels approved by the City
Engineer. All blasting shall conform to the requirements of the City Engineer.
1. The contractor shall prepare a site plan, to scale, showing where the blasting will
occur and all the buildings and utilities within 500 feet.
2. A preblast survey of all buildings within 300 feet will automatically be required. Other
structures within 500 feet should be surveyed, if they are more than 15 years old and/or
sensitive, such as historical buildings. The preblast surveys shall be submitted with the
permit application. Alternately, a letter from an authorized survey service may be
submitted with a scale drawing showing distances to all structures to be surveyed prior
to the blast.
3. A seismic monitor shall be located adjacent to the closest building or most sensitive
building. The seismic recording shall be submitted to the project inspector as soon as
they are available.
4. Ground accelerations shall be limited to 1.0 feet per second per second (fpss) in the
area of new construction, and 0.5 fpss around older or sensitive buildings.
5. The blasting contractor shall notify in writing all residents within 500 feet of the blast
area. At a minimum, the notice is to be in the form of a door -hanger stating the
approximate time the blast or blasts will occur. The notices are to be in place at least 48
hours prior to blasting.
6. The applicant shall pay an appropriate administrative fee, as established by City
Council resolution, which may be amended from time to time, for processing of each
blasting permit. (Ord. 345, 1991)
SECTION 66: Section 16.54.050 of the Poway Municipal Code is hereby amended to
read:
16.54.050 Applications and reviews.
A. Any person who proposes to engage in surface mining operations as defined in this
chapter shall, prior to the commencement of such operations, obtain:
1. Approval of a conditional use permit, if required.
2. Approval of a reclamation plan.
3. Approval of financial assurances in accordance with the provisions set forth in this
chapter and as further provided in the California Surface Mining and Reclamation Act of
1975.
A fee, as established by City Council resolution from time to time for the permitted uses
in the consolidated fee schedule, shall be paid to the City at the time of filing.
B. Applications for a conditional use permit or reclamation plan for surface mining or
land reclamation projects shall be made on forms provided by the Department of
Development Services. Said application shall be filed in accord with this chapter and
Ordinance No. 683
Page 33
procedures as established by the Director of Development Services. The forms for
reclamation plan applications shall require, at a minimum, each of the elements required
by SMARA (Sections 2772 through 2773) and State regulations, and any other
requirements deemed necessary to facilitate an expeditious and fair evaluation of the
proposed reclamation plan, as established at the discretion of the Director of
Development Services. All applications for a conditional use permit for surface mining
shall be made, considered, and granted or denied pursuant to Chapter 17.48 PMC.
Such applications shall be accompanied by other data or information required by the
Director of Development Services. All plans and specifications for the grading of the
property shall be prepared by a registered civil engineer, sealed and signed in
accordance with the Business and Professions Code.
C. Application shall include all required environmental review forms and information
prescribed by the Director of Development Services.
D. Within 30 days of acceptance of an application for a conditional use permit for
surface mining operations and/or a reclamation plan as complete, the Department of
Development Services shall notify the State Department of Conservation of the filing of
the application. Whenever mining operations are proposed in the 100 -year floodplain of
any stream, as shown in zone A of the Flood Insurance Rate Maps issued by the
Federal Emergency Management Agency, and within one mile, upstream or
downstream, of any State highway bridge, the Department of Development Services
shall also notify the State Department of Transportation that the application has been
received.
E. The Department of Development Services shall process the application(s) through
environmental review pursuant to the California Environmental Quality Act (Public
Resources Code Sections 21000 et seq.) and the City's environmental review
guidelines.
F. Upon completion of the environmental review procedure and filing of all documents
required by the Director of Development Services, consideration of the conditional use
permit approval and reclamation plan for the proposed surface mining shall be
scheduled for public hearing before the City Council, and pursuant to Section 2774 of
the Public Resources Code.
G. Prior to final approval of a reclamation plan, financial assurances (as provided in this
chapter), or any amendments to the reclamation plan or existing financial assurances,
the Department of Development Services shall submit the plan, financial assurance, or
amendments to the State Department of Conservation for review. City Council may
conceptually approve the reclamation plan and financial assurance before submittal to
the State Department of Conservation. If a conditional use permit is being processed
concurrently with the reclamation plan, City Council may also conceptually approve the
conditional use permit. However, City Council may defer action on the conditional use
permit until taking final action on the reclamation plan and financial assurances. If
necessary to comply with permit processing deadlines, the City Council may approve
the conditional use permit with the condition that the conditional use permit shall not be
issued until cost estimates for financial assurances have been reviewed by the State
Department of Conservation and final action has been taken on the reclamation plan
and financial assurances. Pursuant to PRC Section 2774(d), the State Department of
Conservation shall be given 30 days to review and comment on the reclamation plan
Ordinance No. 683
Page 34
and 45 days to review and comment on the financial assurance. The Department of
Development Services shall evaluate written comments received, if any, from the State
Department of Conservation during the comment periods. Staff shall prepare a written
response describing the disposition of the major issues raised by the State for City
Council's approval. In particular, when the City's position is at variance with the
recommendations and objections raised in the State's comments, the written response
shall address why specific comments and suggestions were not accepted. Copies of
any written comments received and responses prepared for the City Council shall be
forwarded to the applicant.
H. The City Council shall then take action to approve, conditionally approve, or deny the
conditional use permit and/or reclamation plan, and to approve the financial assurances
pursuant to PRC Section 2770(d).
I. By July 1st of each year, the Department of Development Services shall forward to
the State Department of Conservation a copy of each newly approved conditional use
permit approved during the previous fiscal year for mining operations and/or a copy of
the approved reclamation plan and approved financial assurances. The Department
shall also include a copy of any conditional use permit or reclamation plan amendments,
as applicable.
J. Where any requirement of the reclamation plan conflicts with any requirement of the
approved conditional use permit, the Director of Development Services and the City
Engineer shall determine which requirement shall apply. In making this determination,
the requirements of SMARA shall not be superseded by any requirements of the
conditional use permit. (Ord. 609 § 3, 2004)
SECTION 67: Section 16.62.030 of the Poway Municipal Code is hereby amended to
read:
16.62.030 Filing fee and deposit.
Before a permit is issued an applicant shall pay the Director the fee and deposit
established by this section unless the plans have been prepared and/or approved by an
agency of the Federal, State, County or City government in which case the fee and
deposit are waived if installation is supervised by an agency of the Federal, State,
County or City government.
A. Filing Fee. A filing fee in an amount that shall be established by City Council
resolution from time to time shall be paid at the time application is made for a permit.
B. Deposit. A deposit shall be made in addition to the filing fee to cover plan checking,
environmental review, processing of easement documents, administration, and
inspection of the work. This deposit is to cover the actual cost incurred by the City as
estimated by the Director of Public Services. If the actual cost of checking, review,
processing, administration and inspection is less than the deposit, the unused balance
of the deposit shall be refunded in the same manner as provided by law for the
repayment of trust moneys. If any deposit is insufficient to pay all the actual costs of
checking review, processing, administration and inspection, the permittee, upon
demand of the Director of Public Services shall pay to him an amount deemed sufficient
by him to complete the work in process. If the permittee fails or refuses to pay such
amount upon demand, the Director may refuse issuance of a watercourse permit until
Ordinance No. 683
Page 35
the amount is paid in full, or if a permit is already issued, the work shall be considered
incomplete and the permit revoked in accordance with the procedures set forth in PMC
16.62.050. (Ord. 29 § 1, 1981; CC § 88.203)
SECTION 68: Section 17.45.130 of the Poway Municipal Code is hereby amended to
read:
17.45.130 Appeals.
A. Any person aggrieved by a decision of the Director of Development Services may
appeal to the City Council by filing a written appeal with the City Clerk not more than 10
days following the decision. The appeal shall state the reasons why the decision is
contested. An appeal fee shall be established by City Council resolution from time to
time and shall be paid when the appeal is filed.
B. Upon receiving an appeal, the City Council shall schedule a public hearing to
consider the matter and uphold, notify or reverse the decision. Notice of the public
hearing shall be mailed to the appellant and published once in a newspaper of general
circulation at least 15 days before the hearing. (Ord. 518, 1999; Ord. 296 § 1, 1989)
SECTION 69: Section 17.26.300 of the Poway Municipal Code is hereby amended to
read:
A. The developer of for -sale housing may, in lieu of providing required inclusionary
housing on-site or off-site, pay a fee to the City as established by City Council resolution
from time to time.
B. Fractional unit requirements shall be met through the payment of a proportional
share of the in -lieu fee as established by City Council resolution from time to time.
C. Any payment made pursuant to this section shall be deposited in a reserve account
in the general fund to be used only for the development or acquisition of very -low, low-,
and moderate -income housing. (Ord. 595 § 2, 2003; Ord 424, 1993).
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 this 2nd day of December 2008, and thereafter PASSED AND ADOPTED at
a regular meeting of said City Council held the 16th of Dece ef12008{ by the following
roll call vote. /; / /
Mi
ATT T:
Li A. Troyan, MMC
ity CI rk, City of Poway
Ordinance No. 683
Page 36
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify that
the foregoing Ordinance No. 683, was duly adopted by the City Council at a meeting of
said City Council held on the 16`h day of December 2008, by the following roll call vote.
AYES: BOYACK CUNNINGHAM, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Linda . Troyan, MMC
City erk, City of Poway