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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) Ordinance No. 683 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) Ordinance No. 683 Page 4 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. Ordinance No. 683 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) Ordinance No. 683 Page 7 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) Ordinance No. 683 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) Ordinance No. 683 Page 11 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) Ordinance No. 683 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 Ordinance No. 683 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