Ord 772ORDINANCE NO. 772
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING SECTIONS 13.04.190 AND 13.11.100
OF THE POWAY MUNICIPAL CODE RELATING TO
TEMPORARY WATER AND SEWER CONNECTIONS
WHEREAS, Sections 13.04.190 and 13.11.100 of the Poway Municipal Code
(PMC) were adopted to serve the public health, safety and welfare, relating to the
installation of sewer laterals and water connections, respectively; and
WHEREAS, on August 19, 2014, the City Council directed staff to amend the
Municipal Code to allow administrative approval of temporary water connections; and
WHEREAS, the City has historically processed applications for temporary sewer
connections in the same manner as prescribed by the PMC for applications for
temporary water connections; and
WHEREAS, the proposed changes will allow for administrative approval of both
temporary water and sewer connections; and
WHEREAS, on November 18, 2014 the City Council held a duly advertised public
hearing to receive testimony from the public, both for and against, relative to this
ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: The City Council of the City of Poway finds that this project is
exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)(3) of the 2014 State CEQA Guidelines in that the proposal
pertains to minor changes to Title 13 of the PMC regarding the process for temporary
water and sewer connections and there is no possibility that this will have a significant
effect on the environment.
Section 2: Sections 13.04.190 and 13.11.100 of the Poway Municipal Code
are hereby repealed.
Section 3: Section 13.04.190 is hereby added to Title 13 of the Poway
Municipal Code to read as follows:
13.04.190 Construction of sewer lateral.
A. Obligation of Applicant. The expense of construction of the applicant's sewer line
and the City's lateral from the property line to the City main or collection system,
including, but not limited to, City permits, excavation, pipe, wyes, tees, backfill, surface
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restoration and construction of No. 3 cleanout box and property line cleanout is the
responsibility of and shall be borne entirely by the applicant.
B. General Rule. Sewer laterals shall be installed on a main fronting the parcel to be
served. In the case of a parcel not fronting an existing main, the sewer lateral may be
installed on an existing main that does not front the parcel if the City Engineer
determines that the non - fronting main is the main from which the parcel should
ultimately receive regular service, and provided that all necessary easements have
been acquired.
C. Temporary Service. In the case of a parcel not fronting an existing main, where the
City Engineer has determined that the main from which the parcel should ultimately
receive regular service does not currently exist but could be built in the future, an
application for temporary service from an existing main not fronting the parcel may be
approved at the discretion of the Director of Development Services.
As a condition of receiving temporary service from a main not fronting the parcel, the
owner of the parcel, in addition to payment of all fees and charges applicable to regular
service, shall pay all fees associated with temporary service, and shall execute and
acknowledge a recorded agreement providing for:
1. Installation and maintenance of a pipeline and other required facilities from the
temporary lateral connection to the owner's parcel and acquisition of any
required easements, all at owner's expense;
2. Discontinuance of temporary service and application for regular service at an
appropriate point closer to the owner's parcel upon installation of a main that the
City Engineer determines is the main from which the parcel should ultimately
receive regular service;
3. Payment by the owner of the entire cost of relocation and any applicable
connection charges, including a pro rata share of the cost of installation of such
main and any service area charge, the total of which shall not be less than the
City's then - established connection fee and service area charge to others for
such regular service; and
4. Such other matters as the City may reasonably require.
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Section 4: Section 13.11.100 is hereby added to Title 13 of the Poway
Municipal Code to read as follows:
13.11.100 Installation of service connections and meters.
A. General Rule. Services and meters shall be installed on a main fronting the parcel to
be served. In the case of a parcel not fronting an existing main, the service and meter
may be installed on an existing main that does not front the parcel if the City Engineer
determines that the non - fronting main is the main from which the parcel should
ultimately receive regular service, and provided that all necessary easements have
been acquired.
B. Temporary Service. In the case of a parcel not fronting an existing main, where the
City Engineer has determined that the main from which the parcel should ultimately
receive regular service does not currently exist but could be built in the future, an
application for temporary service from an existing main not fronting the parcel may be
approved at the discretion of the Director of Development Services.
As a condition of receiving temporary service from a main not fronting the parcel, the
owner of the parcel, in addition to payment of all fees and charges applicable to regular
service, must execute and acknowledge a recorded agreement providing for:
1. Installation and maintenance of a pipeline and other required facilities from the
temporary meter to the owner's parcel and acquisition of any required
easements, all at owner's expense;
2. Discontinuance of temporary service and application for regular service at an
appropriate point closer to the owner's parcel upon installation of a main that the
City Engineer determines is the main from which the parcel should receive
regular service;
3. Payment by the owner of the entire cost of relocation and any applicable
connection charges, including a pro rata share of the cost of installation of such
main and any service area charge, the total of which shall not be less than the
City's then - established connection fee and service area charge to others for such
regular service; and
4. Such other matters as the City may reasonably require.
C. Location and Size. Upon receiving an application for any service connection, the City
will furnish or authorize installation of a service connection, the size and location of
which are within the City's sole discretion. The service connection will be installed from
the main to the curb line or property line of the parcel that abuts on a street or other
thoroughfare, or on a City right -of -way.
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D. Separate Service Required. All separate parcels requiring City water service shall
have separate service.
E. Multiple Units.
1. Number of Services to Separate Premises. Separate premises will be supplied
through separate service connections except as otherwise authorized by the City.
2. Service to Multiple Units. Separate houses, buildings, living, or business
quarters on the same parcel or adjoining parcels, under single ownership, or
management and control, may be served at the option of the City by either of the
following methods:
a. Through separate service to each or any unit; provided, that the pipeline
system to each service is independent of the others, and it is not
interconnected.
b. Through a single service to the entire premises. In the event of the sale
or separation of management and control of a portion of property
subsequent to application for water service, the portion sold or separated
will no longer be considered as premises entitled to water from this service
connection.
F. Meters.
1. Water Service Required to Be Metered. All City water service is required to
pass through a meter. It shall be unlawful for any person to use City water in any
manner in which the water does not pass through a meter, or in circumstances
where the meter is not functioning properly due to tampering or alteration.
2. Change in Location of Meters or Service Connections. Meters or service
connections relocated for the convenience of the customer will be relocated at
the customer's expense. Meters or service connections relocated to protect the
City's property will be moved at City expense, except in the case of temporary
service connections.
3. Changes in Size of Meter.
a. Reductions. The City will approve a reduction in meter size only when
the customer's water demand does not exceed the capacity of the
reduced size meter. A reduction in meter size is subject to all applicable
fee payments and credits in effect at the time of the reduction.
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b. Increases. The City reserves the right and has the sole authority to
replace any undersized meter with a larger meter when the customer's
water demand exceeds the capacity of the existing meter, or based on a
change in the customer's type of water use. The City's determination
regarding appropriate meter size shall be based on American Water
Works Association standards. Replacement of an undersized meter shall
be at the customer's sole expense. Any increase in meter size shall be
subject to full payment of all applicable fees and charges, including City
capacity charges and San Diego County Water Authority connections
fees, if any. Credit shall be given for any capacity or connection fees and
charges previously paid.
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 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 the 18th day of November 2014, and thereafter PASSED AND ADOPTED
at a regular meeting of said City Council held the 2nd day of December 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
Ordinance No. 772
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify that
the foregoing Ordinance No. 772 was duly adopted by the City Council at a meeting of
said City Council held on the 2nd day of December 2014, and that it was so adopted by
the following vote:
AYES: CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheila R. Cobian, CIVIC, City Clerk
City of Poway