Ord 102ORDINANCE NO. 102
AN Oi~DINANCE OF THE CITY OF PC)WAY, CALISOI~qIA
AM~qDING SECTION 51. 211 OF THE POW-AY Rt~JLATOt~f OIRDINANC~q
ESTABLISHING R~QUIR~q~qTS ~OR PUBLIC IMPN2V~94~TS,
DEDICATION OF RI~{T~DF-WAY, AND FOR 00NSTI~CTION OF PUBLIC
RIG~{T-OF-WAY IMPI~DV~v~NTS AS A ODSE)ITION TO ISSUANCE
OF A BUILDING PEN~IT (UBC 303)
AND ESTABLISHING THE UB?~?NCY THER~DF
THE CITY OOUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOT.T/~qS:
Section 1. Lack of Improvements Hazardous
The lack of public improveaents and frontage improvements servicing a lot or
parcel occupied or to be occupied by a building, structure or parking lot is
hereby found and declared to be hazardous for pedestrians and v~hicular traffic
and detrimental to the health, safety and general welfare of the residents of
the City.
Section 2.
Section 51.211 of the Poway Regulatory ordinances is hereby 8mended to re~ as
follow~:
A. Section (i), adding Section (i) to Section 303 of the Poway Building
code is deleted and ther~fter the following Section (i) is added to
Section 303 of the Poway Building Code:
(i)
Public Right-of-Way: Dedication Required.
No building or structure shall be erected, enlarged or altered,
and no property shall hereafter be improved for parking purposes,
and no building permit shall be issued therefore, unless one-half
(½) of the street, which is located on the same side of the center
line of the street as such lot, has dedicated right-of-way for the
full width of the lot along all street frontages so as to meet the
Circulation Eleaent and/or Standards for such street. In addition
to required dedication for strcct purposes, additional dedication
for storm drain, s~er, water or other utility purposes may also
be required in connection with building permits where such dedica-
tion is necessary to prevent the flooding of adjacent or nearby
properties or to permit connection to required utilities.
BJ
Ordinance No. 102
Page 2
In the event construction of full frontage improv~nents is not
in~ediately required, any person required to dedicate land by this
section shall make an irrevocable offer to dedicate property, exe-
cuted by all parties having an interest in the property, including
beneficiaries and trustees of dc~s of trust, as shown by a
current preliminary title report prepared by a title company
approved by the Director of Public Services/City Engineer and City
Attorney. Sud~ offer of dedication shall be in a form approved by
the City Attorney and the Director of Public Services/City
Enginccr, and shall continue in effect until the City Council
accepts or rejects such offer.
Section (j) is hereby added as an amendment to Section 303 of the Poway
Building Oode to r~d as follows:
(j) Construction Of-Public Improv~nents Required.
Any person, owner, lessee, or agent constructing or arranging for
the construction of any parking lot or commercial, residential or
manufacturing building, or buildings, or building addition or
alteration, shall provide for the construction or installation to
City standards, of sidewalks, curbs, gutters, street trees and
strcc*~ drainage structures unless such improv~nents alr~y exist
along all strcct frontages ad~ining the lot on which the building
or parking lot is to be constructed, enlarged or altered.
The Building Official shall deny issuance of a building permit, or
deny approval for occupancy or deny final approval and acceptance
for public utility connections to any building or parking lot
until required full frontage improvenents exist. Said improve-
ments may be constructed or their construction guaranteed by an
executed agr~-~m~n, t and/or cash deposit with the City in a sum
approved by the Director of Public Services/City Engineer based
upon one-and-one-half (1½) times the estimated cost of construc-
tion.
The construction guarantee agreement shall be executed on the date
of the deposit of cash and shall expire upon the date of comple-
tion. Completion shall be to the satisfaction of the Director of
Public Services/City Engin~ as to all improvements required to
be rode. Upon completion of the improvements and their acceptance
by the City, the cash deposit shall be returned to the owner. The
city is authorized, in the event of any default, to use any or all
of the deposit money to cause all of the required work to be done
or completed, and for payment of all costs and expenses therefore.
Any money remaining shall be refunded to the owner of record of
the property.
De
Ordinance No. 102
Page 3
Exceptions.
1. Alterations or reconstruction of a single family home;
Construction of garages, carports, storage buildings, patio
covers, sw~,,{H ng pools, spas, and similar structures
accessory to a single family residence;
e
Construction of an addition to and/or reconstruction of a
nonresidential building or structure equal to or less than 50
percent of the cost of the installation of the public
improvements; and
Exception to permits and inspections as currently contained
in Section 301 of the City Building O~de.
Section (k) is hereby added as an ~nendment to Section 303 of the Poway
Building Code to read as follows:
(k) Encroad~ment Upon Public Right-Of-Way.
No building, structure or parking lot shall be erected, enlarged
or altered, if it does, or would encroach upon any public ~.~ement
or right-of-way, unless an encroachment permit is first obtained
frc~ the Director of Public Services/City Engineer; the Director
of Public Services/City Engineer may grant an encroad~ment permit,
if he determines that the encroachment will not be detrimental to
the public health, safety or welfare.
Section (1) is hereby added as an amendment to Section 303 of the Poway
Building (bde to read as follows:
(1) Public Improvenents Required.
No grading and/or building permit may be issued to the developer
of a parcel created after Decenber 1, 1980, by the approval of a
final map or certificate of compliance unless said parcel so
created is served by public improvements as required by approval
of said map or certificate and said improvements have bcc~n
accepted by the City of Poway or their maintenance has bc~n
assured by the execution of a Construction and Maintenance
Agrc~--nent in a form satisfactory to the City Attorney. A~ceptance
by the City of Poway shall not be given unless said improvements
have been warranted as to their workmanship and materials and said
warranty is securred for a period of at l~-~t four (4) y~rs by a
bond, cash deposit, letter of credit or other security to the
satisfaction of the City Attorney. This ordinance shall not limit
the rights of the City of Poway under California Civil Code
Section 337 and 337.15.
Ordinance No. 102
Page 4
E. Section (m) is hereby added as an amendment to Section 303 of the Poway
Building Code to r~ad as follows:
(m) Drainage Fees, Park Fees and Traffic Mitigation Fees.
No building permit may be issued for a parcel unless drainage,
park and traffic mitigation fees have bc~ paid as a condition to
the creation of said parcel. If none have bc~n paid the applica-
tion for said permit shall be accompanied by payment of the
current fees as they would be prorated to said parcel if the par-
cel were to be created on the day of application.
Exc~t~ns.
1. Alterations or reconstruction of a single family home;
Construction of garages, carports, storage buildings, patio
covers, swimming pools, spas, and similar structures
accessory to a single family residence;
Construction of an addition to and/or reconstruction of a
nonresidential building or structure equal to or less than 50
percent of the cost of the installation of the public
improv~nents; and
4. Exception to permits and inspections as currently contained
in Section 301 of the City Building Code.
S~t~n 3. ~pea~.
The requirenent of this ordinance shall be levied as conditions of develot~nent
pursuant to Ordinance 44, Develo~nent Review Procedure, or as a requirement of
the issuance of a building permit. Any appeal of the requirement of this ordi-
nance shall follow the procedures set forth in Ordinance 44 if levied as part of
conditions of develolanent, or the Uniform Building Oode if levied as part of the
issuance of a building permit.
Section 4.
If any provision of this ordinance is determined to be invalid by a jud~ent of
a court of competent jurisdiction said judgnent shall not affect the renaining
protions of this ordinance as it is the intent to adopt each provision
separately
Ordinance No. 102
Page 5
Section 5. Urgency.
This ordinance will take effect ht,Ltediately in accordance with Government (]ode
Section 36937 as it relates to the preservation of the public peace, health and
safety in that several parcels of land have b~n divided within the City without
consideration of their impact upon drainage, park, traffic facilities and street
improvements and large numbers of these parcels are ready to obtain a building
permit within the next thirty (30) day period. If said permits are obtained, a
significant and adverse impact upon public facilities will occur all to the
detriment of the public health and safety.
Section 6.
This ordinance shall take effect in~nediately and and before the expiration of
fifteen (15) days after its passage, it shall be published once with the names
and menbers voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation published in the City of P~way.
PASSfD, APPNDVED AND ADOP,'~3 by the City (buncil of the City of Poway at a regu-
lar mccting thereof held this 31st day of May, 1983, by the following roll call
vote:
AYES: GOUNCIIb~94BERS: ~MERY, KI~3SE, SHEPANDSON, TARZY, ORAVEC
NOES: GOUNCILMS~ERS: NONE
O0UNCILMMMBERS:
Linda Oravec, Mayor --
IK~ Wahlsten, City Clerk
Marjorie