Ord 103 ~)INANCE NO. 103
AN O~DINANCE OF THE CITY OF POW-AY, CALIFORNIA
AMENDING SECTION 51. 211 OF THE POW-AY ~GULATORY OFDINANC~R
ESTABLISHING I~QUII~4~w~US FOR PUBLIC IMPNDV~M~PS,
DEDICATION OF RI~T-OF-WAY, AhD FOR (DNSTN3CTION OF PUBLIC
RI~tT-OF-~AY /MPB0VS~4~US AS A (I)NDITION TO ISSUANCE
OF A BUILDING PEI~tIT (UBC 303)
THE CITY (]0UNCIL OF THE CITY OF POWAY DOES O~DAIN AS FOLLOWS:
Section 1. Lack of Improvements Hazardous
The lack of public improvements 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 vehicular 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 Mended
to read as follows:
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 O0de:
(i) Public Right-of-Way: Dedication R~quired.
No building or structure shall be erected, enlarged or altered,
and no property shall her~fter 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 sane 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 Elenent and/or Standards for such street. In addition
to required dedication for street purposes, additional dedication
for storm drain, se~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 n~rby
properties or to permit connection to required utilities.
In the event construction of full frontage improvements is not
immediately 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 pre~k%red by a title company
approved by the Director of Public Services/City ~lgineer and City
Attorney. Such offer of dedication shall be in a form approved by
the city Attorney and the Director of Public Services/City
Engineer, and shall continue in effect until the City (1)uncil
acce~ts or rejects such offer.
Ordinance No. 103
Page 2
Section (j) is hereby added as an ~nendment to Section 303 of the Poway
Building Oode to r~ as follows:
( j ) (k)nstruction Of-Public Improvenents 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
street drainage structures unless sud~ improvenents already exist
along all street frontages adjoining the lot on which the building
or parking lot is to be constructed, ~nlarged 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 agrc~e_nt and/or cash deposit with the City in a
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 §.~arantee agr~a~.ent shall be executed on the date
of the deposit of cash and shall expire upon the date of comple-
tion. (lx~pletion shall be to the satisfaction of the Director of
Public Services/City Engineer as to all improv~ents required to
be ma_de. Upon completion of the improv~m%ents 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 ~Drk 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.
Exceptions.
1. Alterations or reconstruction of a single family home;
~onstruction of garages, carports, storage buildings, patio
covers, swimming pools, spas, and s/milar structures
accessory to a single family residence;
Ce
De
Ee
Ordinance No. 103
Page 3
e
Onnstruction 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
im~rovenents; and
4. Exception to permits and inspections as currently contained
in Section 301 of the City Building Oode.
Section (k) is hereby added as an ~nendment to Section 303 of the Poway
Building Oode to r~d as follows:
(k) Encroachment 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 ~enent
or right-of-way, unless an encroad~nent permit is first obtained
frc~ the Director of Public Services/city Engineer; the Director
of Public Services/City Engineer may grant an encroachment 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 ~endment to Section 303 of the Poway
Building Oode to read as follows:
(e) Public Improvenents Required.
No grading and/or building permit may be issued to the developer a
parcel created after December 1, 1980, by the approval of a final
map or certificate of compliance unless said parcel so created is
served by public improv~ents as required by approval of said map
or certificate and said improvenents have bcc~n accepted by the
city of Poway or their maintenance has been assured by the execu-
tion of a Construction and Maintenance Agrc~--n. ent in a form satis-
factory to the City Attorney. Acceptance by the City of Poway
shall not be given unless said improv~ents have bc=n warranted as
to their workmanship and materials and said warranty is securred
for a period of at least 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 O0de Section 337 and 337.15.
Section (m) is hereby added as an 8mendment to Section 303 of the Poway
Building Code to read as follows:
Ordinance No. 103
Page 4
(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 been paid as a condition to
the creation of said parcel. If none have been paid the applica-
tion for said permit shall be accompanied by payment of the
current fees as they ~Duld be prorated to said parcel if the par-
cel were to be crested on the day of application.
~c~tions.
1. Alterations or reconstruction of a single family home;
Construction of garages, carports, storage buildings, patio
covers, swinming pools, spas, and similar structures
accessory to a single family residence;
<bnstruction 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
improvenents; and
4. Exception to permits and inspections as currently contained
in Section 301 of the City Building Oode.
Section 3. ADDeals.
The requirenent of this ordinance shall be levied as conditions of develolznent
pursuant to Ordinance 44, Develol~nent Revie~ Procedure, or as a requirenent 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 judgment of
a court of competent jurisdiction said judgment shall not affect the renaining
protions of this ordinance as it is the intent to adopt each provision separa-
tely.
Ordinance No. 103
Page 5
Section 5.
This ordinance shall take effect and be in force thirty (30) days after the date
of its passage; and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names and me~_rs 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 the 31st day of May, 1983, and ther~ter PASSED kND ADOPTED at a
regular meeting of said City ODuncil held the 14th day of June, 1983, by the
following roll call vote:
AYES:
NOES:
ABS~qT:
(DUNCII/~9~E~S:
fDUNCII/~4BERS:
OOUNCII/~W~ERS:
KN3SE, SHEPANDFK)N, TARZY, ORAVEC
NONE
Linda Oravec, Mayor
Marjo~ ~. wahlsten, City Clerk