Chapter 15.06
REQUIREMENTS FOR RIGHT-OF-WAY DEDICATION AND IMPROVEMENTS*

Sections:

15.06.010    Public right-of-way – Dedication required.

15.06.020    Encroachment upon public right-of-way.

15.06.030    Construction of public improvements.

15.06.040    Waiver of immediate construction of public improvements and payment of fees-in-lieu.

15.06.050    Drainage fees, park fees and traffic mitigation fees.

*    Prior legislation: Ords. 238, 301 and 306.

15.06.010 Public right-of-way – Dedication required.

A. 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 therefor, unless one-half of the street, which is located on the same side of the centerline 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 element and/or Municipal Code street standards for such street as found in Circulation Element Policies 2.a and 2.b and PMC Title 12. In addition to required dedication for street purposes, additional dedication for storm drain, sewer, water, or other utility purposes may also be required in connection with building permits where such dedication is necessary to prevent the flooding of adjacent or nearby properties or to permit connection to or extension of necessary utilities.

B. In the event construction of full frontage improvements is not immediately required, the person shall then be required to make an irrevocable offer to dedicate property executed by all parties having an interest in the property, including beneficiaries and trustees of deeds of trust, as shown by a current preliminary title report prepared by a title company approved by the Director of Development Services/City Engineer and City Attorney. Such offer of dedication shall be in a form approved by the City Attorney and the Director of Development Services/City Engineer, and shall continue in effect until the City Council accepts or rejects such offer. (Ord. 518, 1999; Ord. 358 § 2, 1992)

15.06.020 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 easement or right-of-way, unless an encroachment permit is first obtained from the Director of Development Services/City Engineer. The Director of Development 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. (Ord. 518, 1999; Ord. 358 § 2, 1992)

15.06.030 Construction of public improvements.

A. Any person, owner, lessee or agent constructing or causing to be constructed any parking lot or commercial, residential or manufacturing building, or buildings, or building addition or alteration on any legal parcel within the City, shall provide for the construction or installation to City standards, of sidewalks, curbs, gutters, street trees and street drainage structures unless such improvements already exist along all street frontages adjoining the lot on which the building or parking lot is to be constructed, enlarged or altered.

B. Upon receipt of notification by the Director of Development Services/City Engineer, 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 such building or parking lot until required full frontage improvements exist to the satisfaction of the City Engineer. The improvements shall be immediately constructed unless deferral of their construction is approved by the Director of Development Services/City Engineer and is guaranteed by an executed secured agreement and/or cash deposit with the City in a sum approved by the Director of Development Services/City Engineer based upon one and one-half times the estimated cost of construction using the latest adopted Poway unit cost estimate figures.

C. The construction guarantee agreement shall be executed and become effective on the date of the deposit of cash and shall expire upon the date of completion to the satisfaction of the Director of Development Services/City Engineer of all improvements required to be made. 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 thereof. Any money remaining shall be refunded to the owner of record of the property.

D. The provisions of this section and any further sections requiring the construction of public improvements shall not apply to the following types of construction:

1. Construction of an addition to and/or reconstruction of a single-family home which results in less than an additional 750 square feet of habitable space;

2. Construction of garages, carports, storage buildings, patio covers, swimming pools, spas, and similar uninhabitable structures, accessory to a single-family residence;

3. Remodeling, alterations or additions to other residential and all nonresidential buildings at less than 10,000 square feet or 25 percent of the existing square footage whichever is more restrictive; and

4. Exception to permits and inspections as currently contained in Section 301 of the Uniform Administrative Code. (Ord. 518, 1999; Ord. 358 § 2, 1992)

15.06.040 Waiver of immediate construction of public improvements and payment of fees-in-lieu.

A. The Director of Development Services/City Engineer may waive the immediate construction of public improvements and require the payment of fees-in-lieu equal to the estimated cost of the required public improvements using the latest adopted Poway unit cost figures if one or more of the following conditions exist:

1. Capital improvement plans (CIP) exist with either the City and/or Redevelopment Agency to construct the required public improvements whereby the public improvements would be more efficiently constructed as part of a larger, comprehensive project; and

2. The Director of Development Services/City Engineer determines that it would not be in the best interest of the City and/or the property owner to construct the public or private improvements because an unsafe condition may be created or undue long-term maintenance costs may occur.

B. Notwithstanding the other provisions of this section, every attempt should be made to immediately construct the required public improvements adjacent to roadways included as arterial highways on the City general plan circulation plan. (Ord. 518, 1999; Ord. 358 § 2, 1992)

15.06.050 Drainage fees, park fees and traffic mitigation fees.

A. No building permit may be issued for a parcel unless the appropriate drainage, park and traffic mitigation fees have been secured or paid. If none have been paid, the application for the permit shall be accompanied by payment of the current fees. In the case of residential development, the fees may be deferred by posting of a security satisfactory to the City Attorney.

B. The provision of this section shall not apply to any of the following types of construction:

1. The construction to and/or reconstruction of a single-family home which results in less than an additional 750 square feet of habitable space;

2. Construction of a new, an addition to, and/or reconstruction of a single-family house that has at some time in the past paid a similar fee for traffic mitigation, park, or drainage;

3. Construction of garages, carports, storage buildings, patio covers, swimming pools, spas and similar uninhabitable structures, accessory to a single-family residence;

4. Remodeling, alterations or additions to other residential and all nonresidential buildings at less than 10,000 square feet or 25 percent of the existing square footage whichever is more restrictive; and

5. Exception to permits and inspections as currently contained in Section 301 of the Uniform Administrative Code.

C. Security required by this chapter shall be in that form authorized by the Subdivision Map Act.

D. Fees deferred by posting of security must be paid prior to issuance of a certificate of occupancy. (Ord. 358 § 2, 1992)