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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