Ord 301ORDINANCE NO. 301
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION CODE)
OF THE POWAY MUNICIPAL CODE
WHEREAS, the City Council periodically finds it necessary to amend Title 15
(Buildings and Construction Code) of its Municipal Code in response to changing
conditions within the City; and
WHEREAS, the City Council held a duly advertised public hearing to provide
interested parties the opportunity to address the proposed amendments.
NOW, THEREFORE, be it ordained that the City Council does hereby adopt the
following amendments as part of Title 15 {Buildings and Construction Code) of
the Poway Municipal Code:
Section 1: Environmental Findings
The City Council of the City of Poway hereby finds that the Buildings and
Construction Code amendment will not cause significant adverse impacts on the
environment and hereby issues a negative declaration.
Section 2: Amendments to Sections 15.06.030 (D) and 15.06.050 (Al and (B)
of the Municipal Code are hereby established to read as follows:
D. 15.06.030 Construction of Public Improvements.
The provisions of this section and any further sections requiring the
construction of public improvements shall not apply to the following types of
construction:
Construction of garages, carports, storage buildings, patio covers,
swimming pools, spas, and similar structures, accessory to a single
family residence.
Commercial or manufacturing construction of an addition to and/or
reconstruction of a building or structure equal to or less than 50 per-
cent of the cost of the installation of the public improvements; and
o
Exception to permits and inspections as currently contained in Section
301 of the Uniform Administrative Code.
In the case of construction of an addition to and/or reconstruction of a
single family home, the owner shall execute a deed covenant agreeing not
to protest the formation of an assessment district for construction of
public improvements prior to building permit issuance. The immediate
construction of public improvements shall not be required in this
instance.
Ordinance No. 301
Page 2
15.06.050 Drainage Fees, Park Fees and Traffic Mitigation Fees.
A. 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 application for said permit shall be accom-
panied by payment of the current fees as they would be prorated to said parcel
if the parcel were to be created on the day of application.
B. The provision of this Section shall not apply to any of the following
types of construction:
1. Construction of an addition to and/or reconstruction of a single family
home unless this construction results in more than an additional 750
square feet of habitable space;
2. Construction of garages, carports, storage buildings, patio covers,
swimming pools, spas, and similar structures, accessory to a single
family residence;
3. Construction of an addition to and/or reconstruction of a commercial or
manufacturing building or structure equal to or less than 50 percent of
the cost of the installation of the public improvements; and
4. Exception to permits and inspections as currently contained in Section
301 of the Uniform Administrative Code.
EFFECTIVE DATE: 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 mem-
bers 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 26th day of September, 1989, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the lOth day of
nrtnh~r , 1989 by the following roll call vote:
COUNCILMEMBERS: BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
Carl R. Kruse, Mayor
Marjorie 'K.' Wahlsten, City Clerk