Item 1 - MDR 04-125 Brower
LIMITED DISTRIBUTION May 3, 2005
CITY OF POWA Y
AGENDA REPORT
TO:
FROM:
INITIATED BY:
DATE:
SUBJECT:
BACKGROUND
ADDITIONAL MATERIAL
Honorable Mayor and Members of the City Council
James L. Bowersox, City Manager~
Niall Fritz, Director of Development servicesAf"
Patti Brindle, City Planner fV
Javid Siminou, City Engineer ~
Kenneth Quon, Senior Civil Engineer
Mark Westover, Associate Engineer
May 3, 2005
Minor Development Review 04-125 Appeal: Mr. Richard Brower,
Appellant. An appeal by the property owner of the conditions of
approval requiring a grading permit and dedication of a pUblic water
easement for construction of a 1,1 OO-square-foot detached guest
house at an existing single-family residence. The subject 1.3-acre
property is located in the RR-C zone and addressed as 14924
Huntington Gate Drive. APN: 321-410-12
In reviewing the recommended Resolution for this item, staff noted that the findings
in the staff report were not reflected in the resolution. Staff is recommending that
Section 3, A.1. be amended to read as follows:
The project will place a public easement over an existing access roadway that
contains a public water line and fire hydrant that were installed several years ago as
part of the subdivision improvements for the subject site and surrounding properties.
Granting of this easement will not materially change the previously installed
improvements, and will assure that the public water line and fire hydrant will
continue to provide fire protection services with enhanced water pressure to
the area without interruption. DeElicatien of this easemeAt '!.'i11 proteot the publio
Realth and safety by olarifyiAg the origiAal inteAt tRat a publio water IiAe aAEI fire
Rydrant be looated witRiA a r-eEerved public easement.
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May 3, 2005 Item #
AGENDA REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Manager~
INITIATED BY: Niall Fritz, Director of Development servicesY'
DATE: May 3,2005
SUBJECT: Minor Development Review 04-125 Appeal: Mr. Richard Brower Applicant.
APN: 321-410-12.
ABSTRACT
This is an appeal of Minor Development Review Application 04-125 (MDRA 04-125). The property
owner is appealing the conditions of approval requiring a grading permit and dedication of a public
water easement for construction of a 1,1 OO-square-foot detached guest house at an existing single-
family residence. The subject property is located within the Rural Residential C (RR-C) zone and
addressed as 14924 Huntington Gate Drive.
ENVIRONMENTAL REVIEW
The proposed project is Categorically Exempt as a Class 5 Categorical Exemption from the California
Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines, in that the
project involves a minor alteration in land use limitations on a developed residential property.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A public notice was mailed to the property owner.
RECOMMENDATION
It is recommended that the City Council deny the appeal and approve the Minor Development Review
Application 04-125, subject to the conditions contained in the attached proposed Resolution.
ACTION
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May 3, 2005 Item # ~
CITY OF POWA Y
AGENDA REPORT
TO:
FROM:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Manage~
Niall Fritz, Director of Development Services p-
Patti Brindle, City Planner (1<j- ..tS
Javid Siminou, City Engineer 0
Kenneth Quon, Senior Civil Engineer ((t.lL
Mark Westover, Associate Engineer
INITIATED BY:
DATE:
May 3, 2005
SUBJECT:
Minor Development Review 04-125 Appeal: Mr. Richard Brower,
Appellant. An appeal by the property owner of the conditions of
approval requiring a grading permit and dedication of a public water
easement for construction of a 1,1 OO-square-foot detached guest
house at an existing single-family residence. The subject 1.3-acre
property is located in the RR-C zone and addressed as 14924
Huntington Gate Drive. APN: 321-410-12
BACKGROUND
The applicant, Mr. Richard Brower, filed a Minor Development Review Application, MDRA
04-125, to construct a 1,100 square-foot detached guest house at an existing single-family
residence on a 1.3 acre parcel. The subject parcel is located at 14924 Huntington Gate
Drive (Attachment 2).
MDRA 04-125 was approved on January 31,2005 (Attachments 3 and 4). On April 6,
2005, the applicant formally filed an appeal of four conditions of approval (Attachment 5).
Every development approval is afforded two types of appeals. The first type is the 10-day
appeal of any decision issued by staff. If an applicant disagrees with any condition
imposed by a staff approval, there is a 1 O-day window in which to file an appeal for hearing
before the City Council. In this instance, the staff approval for MDRA 04-125 was issued on
January 31, 2005 and the 10-day appeal period expired on February 9,2005. The
applicant did not file an appeal under this provision.
The second type of appeal is found in Section 66020 of the State Government Code and
allows an applicant to appeal the imposition of development impact fees, dedications, or
other exactions on a development project within 90 days of the approval. The applicant
has filed his appeal under this provision. The 90-day appeal period under this provision
expires on May 9, 2005.
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May 3, 2005 Item #
Agenda Report
May 3, 2005
Page 2
The applicant is appealing the following conditions that are contained in Attachment 3.
Conditions B(1), B(7) and B(8) pertain to the requirement to obtain a Grading Permit and
payment of applicable fees for processing the application and the submittal of grading
securities to ensure the work is completed per the approved plan. The payment of the fee
and the obligation to obtain a permit are not subject to appeal under Government Code
Section 66020. Therefore, the only condition under consideration is B(10), which would
require the applicant to dedicate a public easement for an existing water main and fire
hydrant along the frontage of the subject parcel.
FINDINGS
The following is a summary of the concerns raised in the appeal and staff response. Staff
is recommending that the requirements under all four conditions be retained.
1. Concern:
Conditions B(1), B(7) and B(8) "relate to the issuance of a Grading Permit and
require a grading plan, grading securities, and payment of applicable fees to the
City. Because this construction project will not require movement of more than 50
yards of dirt, the conditions imposed by the City of Poway are excessive and not
required to "protect the pubic health, safety, and welfare.""
Response:
As noted above, the requirement for a grading permit, payment of an application fee
and payment of grading securities are not exactions and therefore are not subject to
appeal under Government Code Section. The applicant should have filed his
objection to this requirement within the 10 day appeal period after Staff issued the
approval letter. If the applicant wishes to pursue eliminating this condition from his
original approval, he would have to process a modification to the MDRA approval.
However, as discussed below, a grading permit is clearly required in this instance,
so it is unlikely that his request for modification would be granted.
Poway Municipal Code Section 16.42.010 sets forth several circumstances where
the movement of dirt or the creation of cut slopes would be exempt from a grading
permit. This application could potentially qualify under the following two exemptions:
. An excavation less than two feet in vertical depth which does not create a
cut slope greater than two feet in vertical height and steeper than two
horizontal to one vertical (2:1) which does not exceed 50 cubic yard on
anyone site and does not adversely affect the stability of any existing
slopes or alter drainage conditions;
. A fill less than one foot in depth, placed on natural grade with a slope
flatter than five horizontal to one vertical (5:1), which does not exceed 50
cubic yards on anyone lot and does not obstruct a drainage course.
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May 3, 2005 Item #
Agenda Report
May 3, 2005
Page 3
However, the plans provided with the MDRA indicate that more than 50 cubic yards
of dirt will be moved in order to create a building pad for the guest house. The
grading will include embankments of up to 5 feet, excavations into an existing slope
that will range from 1 to 6 feet, and construction of retaining walls. Both the quantity
of dirt and the dimensions of the excavations and embankments proposed for this
project exceed the exceptions listed above. Therefore, a City Grading Permit is
required.
A Grading Permit is intended to protect the safety of the public. The grading of the
site will create the physical support for the building, and the grading must be done
properly to ensure that the site is stable for the long term.
2. Concern:
Condition B(10) "requires dedication of a portion of my property to the City for a
public water easement. This condition is completely unrelated to the guest house
construction proposal. If the City wishes to exercise its eminent domain powers to
acquire this property, then it needs to demonstrate a compelling reason for doing so
and compensate me for the fair market value of this property. I have had this
property appraised and am happy to discuss dedication of this property to the City
for a public water easement, but I object to his being a condition of MDRA 04-125."
Response:
The applicant's property includes an access roadway that contains a public water
line and fire hydrant, which were installed several years ago as part of the
subdivision improvements (Attachment 6).
Although the preliminary title report for the property recognizes the reservation for
utilities, the recorded subdivision map does not clearly denote that a dedication was
executed. The language of the public easement on the subdivision map reads:
"Easement for private road, maintenance, utility, pedestrian and vehicular purposes
reserved hereon." The recommended condition for MDRA 04-125 to dedicate a
public water easement will clarify that an easement is granted.
An easement dedication is to be in reasonable proportion to a project. For this
project, dedication of the easement is not an excessive burden as the value of the
guest house is far greater than the value of the easement. Additionally, there is no
burden on the property as the public water line and fire hydrant have been in place
within the access roadway for several years, and have not denied full enjoyment of
the property. Granting of this easement will not materially change the previously
installed improvements, and will assure that the public water line and fire hydrant will
continue to provide safety services to this area without interruption.
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May 3, 2005 Item #
Agenda Report
May 3, 2005
Page 4
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A public notice was mailed to the property owner.
RECOMMENDATION
It is recommended that the City Council deny the appeal and approve Minor Development
Review 04-125, subject to the conditions contained in the attached proposed Resolution.
Attachments:
1. Proposed Resolution
2. Vicinity Map
3. MDRA 04-125 Letter of Approval
4. Site Plan
5. Appeal Letter dated April 6, 2005
6. Location of proposed dedication and future water connection
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May 3, 2005 Item #_
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DENYING THE APPEAL AND APPROVING MINOR DEVELOPMENT REVIEW 04-125
ASSESSOR'S PARCEL NUMBER 321-410-12
WHEREAS, the conditions of approval for MDRA 04-125, was appealed by Mr.
Richard Brower, appellant pursuant to Government Code Section 66020 of the State
Government Code. The Minor Development Review application is a request to construct a
1,100-square-foot, single-story, detached guest house at an existing single-family
residence at 14924 Huntington Gate Drive, located within the Rural Residential C (RR-C)
zone; and
WHEREAS, on May 3, 2005, the City Council considered the merits of the appeal
request relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: The project, MDRA 04-125, is found to be Categorically Exempt from the
provisions of the California Environmental Quality Act pursuant to Section 15301 (e)(1),
Class 4, in that the proposed construction is a minor alteration to an existing single-family
residence in a residential zone.
Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal Code
to approve Minor Development Review 04-125, are made as follows:
A. That the project is consistent with the General Plan as it proposes the construction
of a guest house on property that is designated for rural residential use. Therefore,
the proposed use respects the interdependence of land values and aesthetics to the
benefit of the City; and
B. That the approved project will not have an adverse affect on the aesthetics, health,
safety, or architecturally related impact upon adjoining properties, as the guest
house is consistent with surrounding development. Therefore, the proposed design,
size, and scale of the guest house will be compatible with and will not adversely
affect, or be materially detrimental to adjacent uses, residents, buildings, structures,
or natural resources; and
C. The granting of the Minor Development Review would not be materially detrimental
to the public health, safety, or welfare since the proposed use will complete
improvements as deemed necessary; and
D. The approved development encourages the orderly and harmonious appearance of
structures and property within the City as the neighboring properties consist of rural
residential estate lots with similar types of guest houses. Therefore, the proposed
development respects the public concerns for the aesthetics of development; and
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ATTACHMENT 1
May 3, 2005 Item #
Resolution No. P-
Page 2
E. The proposed use will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity nor be contrary to
the adopted General Plan; and
F. That the proposed development will comply with each of the applicable provisions of
the Zoning Ordinance and the General Plan.
G. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project. The construction of public
improvements is needed as a result of the proposed development to protect the
public health, safety, and welfare as identified below.
Section 3: The findings, pursuant to Government Code Section 66020 for the public
improvements, are needed as a result of the proposed development to protect the public
health, safety, and welfare are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project. The dedication of a public
water easement is needed as a result of the proposed development to protect the
public health, safety, and welfare as identified below:
1. The project will place a public easement over an existing access roadway
that contains a public water line and fire hydrant that were installed several
years ago as part of the subdivision improvements for the subject site and
surrounding properties. Dedication of this easement will protect the public
health and safety by clarifying the original intent that a public water line and
fire hydrant be located within a reserved public easement.
Section 4: The City Council hereby approves Minor Development Review 04-125, to
allow the construction of a 1,1 OO-square-foot, single-story, detached guest house at an
existing single-family residence at 14924 Huntington Gate Drive, located within the Rural
Residential C (RR-C) zone, subject to the following conditions.
A. Approval of this request shall not waive compliance with the Zoning Ordinance and
all other applicable City Ordinances in effect at the time of Grading and Building
Permit issuance.
B. Compliance with the following conditions is required prior to issuance of a Grading
Permit:
1.
A grading plan for the development of the lot, prepared on a City of Poway
standard mylar sheet at a scale of 1"=20', shall be submitted along with a
Grading Permit application and the applicable fees to the Development
Services Department-Engineering Division for review and approval. A
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May 3, 2005 Item #
8of24
Resolution No. P-
Page 3
grading plan submittal checklist is available at the Engineering Division front
counter. As a minimum, the grading plan shall show the following:
a. Tops and toes of graded slopes shall be shown with a minimum five-
foot setback from Open Space areas and property lines. The house
shall be located at least five feet from tops and toes of slopes, unless
waived by the Planning Division andlor Engineering Division prior to
issuance of the Grading Permit.
b. A separate erosion prevention and sediment control plan for
construction activities. This plan shall provide for an onsite de-
silting basin with a volume based on 3,600 cubic feet per tributary
acre drained.
c. Locations of all utility improvements (existing and new), together with
their easements. No encroachments are permitted upon any
easement.
d. All new slopes shall have a maximum 2 to 1 ratio (horizontal to
vertical).
e. Location of equestrian and pedestrian easement.
f. Identify location of creek and top of bank. Show distance from edge
of creek to structu re.
2.
A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the project site and all surface
water flowing onto the project site from adjacent lands. Said system shall
include all easements required to properly handle the drainage. Large
concentrated flows over the driveway, and into the street shall be avoided.
3.
A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan.
4.
If construction of this project is to disturb one acre or more, the project owner
shall file with the State Regional Water Quality Control Board a Notice of
Intent for coverage under the statewide General Permit, which covers storm
water discharges. Proof of filing of the NOI and an assigned Waste
Discharge Identification Number shall be submitted to the Development
Services Department - Engineering Division prior to issuance of the Grading
Permit. Applications for the Notice of Intent may be obtained by contacting:
May 3, 2005 Item #
Resolution No. P-
Page 4
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467-2952
5. If construction of this project is to disturb one acre or more, the applicant
shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that
effectively addresses the elimination of non-storm runoff into the storm drain
system. The SWPPP shall include, but not be limited to, an effective method
of hillside erosion and sediment control; a de-silting basin with a capacity of
3,600 cubic feet of storage per acre drained, or designed to remove fine silt
for a ten-year, six-hour storm event; a material storage and handling site;
measures to protect construction material from being exposed to storm
runoff; protection of all storm drain inlets, on-site concrete truck wash and
waste control; and other means of Best Management Practices to effectively
eliminate pollutants from entering the storm drain system including a weather
triggered action plan. The engineer shall certify the SWPPP prior to issuance
of the Grading Permit.
6. The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
7. Grading securities in the form of a performance bond and a cash deposit, or
a letter of credit shall be posted with the City prior to grading plan approval.
A minimum $2,000 cash security deposit is required.
8. Show and label, on the grading plan, with appropriate document numbers, all
existing easements described in the title report from Chicago Title Company,
Policy No. 8864440. No permanent structures shall be built within these
easements.
9. The applicant shall attend a pre-construction meeting, at which time they
shall present an Action Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for sediment control shall be provided using the following
guidelines, as directed by the project inspector:
a.
Provision of an on-site de-silting basin with a volume based on 3,600
cubic feet per tributary acre drained.
b.
Covering of all flat areas with an approved mulch.
c.
Installation of an earthen or gravel bag berm that retains 3 inches of
water over all disturbed areas prior to discharge, effectively creating a
de-silting basin from the pad.
9 of 24
May 3, 2005 Item #
Resolution No. P-
Page 5
10. Prior to issuance of a Grading or Building Permit, whichever occurs first, the
applicant shall dedicate to the City a 20-foot wide public water easement that
spans the entire length of the properties southern boundary. The alignment
of the existing waterline shall be the centerline of this easement. The
applicant shall submit a legal description and engineered drawing on a Plat
Map for this easement.
11. Approval of this request does not authorize use of the trail easement for
construction materials and equipment. The applicant shall contact Bob
Hahn, Public Works Department-Parks and Trails Maintenance, to determine
potential use and restrictions of use
12. The applicant shall be responsible for maintaining access to the trail during
construction activity and for restoring the trail to its original condition prior to
occupancy.
C. Prior to issuance of a building permit, the applicant shall comply with the following:
1. The site shall be developed in accordance with the approved site plans and
conditions of approval contained herein. Grading shall be in accordance with
the Uniform Building Code, the City Grading Ordinance, the approved
grading plan, the approved soils report, and grading practices acceptable to
the City.
2. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. As a minimum, all
protected areas as shown on the project plans are to be staked by a licensed
surveyor and delineated with lathe and ribbon. A written certification from the
engineer of work or a licensed surveyor shall be provided to the Engineering
Inspector stating that all protected areas are staked in accordance with the
approved project plans.
3. Prior to start of any work within City-held easements or right-of-way, a Right-
of Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior to
permit issuance.
4. The building plans shall indicate exterior building materials, color, and roof
treatment to match the existing structure.
5. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School District
for additional information at (858) 748-0010, ext. 2089.
D. The applicant shall comply with the following conditions prior to occupancy:
10 of 24 May 3, 2005 Item #
Resolution No. P-
Page 6
1. Drainage facilities slope landscaping and protection measures, and utilities,
shall be constructed, completed, and inspected by the Engineering Inspector.
2. An adequate drainage system around the new building pads capable of
handling and disposing all surface water shall be provided to the satisfaction
of the Engineering Inspector.
3. The applicant shall repair any and all damages to the streets caused by
construction activity from this project, to the satisfaction of the City Engineer.
4. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
16.52.1308 of the Grading Ordinance. Record drawings shall be submitted in
a manner to allow the City adequate time for review and approval prior to
issuance of occupancy and release of grading securities.
5. The maximum height of any fence or wall shall not exceed six feet.
6. All new living quarters shall be equipped with low-flow plumbing fixtures.
7. The exterior color, material, and roof treatment of the guest house shall
match the exterior of the existing residence.
8. The property owner shall sign and record a deed covenant which shall state
that "In consideration of the approval by the City of Poway, ("CITY"
hereinafter) of Minor Development Review Application 04-125 (MDRA 04-
125), involving a detached guest house, The property owner hereby agrees
that no portion of the guest house shall ever be rented or leased as a
separate unit, and that no kitchen facilities shall ever be installed.
D. The following improvements shall be constructed to the satisfaction of the Fire
Marshal:
1. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504,
UBC Standard 15-2, and City of Poway Ordinance No. 64 and its amended
Ordinance No. 526.
2. Approved numbers or addresses measuring four to six inches in height shall
be placed on the building in such a position as to be plainly visible and legible
from the street fronting the property. Said numbers shall contrast with their
background. Address shall be required at the private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained with
a spark arrester.
11 of 24 May 3, 2005 Item #_1_
Resolution No. P-
Page 7
4. The access roadway shall be extended to within 150' of all portions of the
exterior walls of the first story of any building. Where the access roadway
cannot be provided, approved fire protection system(s) shall be provided as
required and approved by the Fire Marshal.
5. A residential fire sprinkler system with a one-inch meter will be required.
Plans shall be submitted to the Fire Prevention Bureau for approval prior to
installation. (If a one-inch lateral off the street main is currently not present,
one will have to be installed.)
Section 5: This Minor Development Review Application 04-125 shall expire on May 3,
2007, at 5:00 p.m. unless a Building Permit has been issued and construction or use of the
property in reliance on this permit has commenced prior to its expiration.
Section 6: Pursuant to Government Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on May 3, 2005.
Michael P. Cafagna, Mayor
ATTEST:
L. Diane Shea, City Clerk
12 of 24
May 3, 2005 Item #
Resolution No. P-
Page 8
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty
of perjury, that the foregoing Resolution No. P- , was duly adopted by the City
Council at a meeting of said City Council held on the 3rd day of May 2005, and that it was
so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
DISQUALIFIED:
L. Diane Shea, City Clerk
City of poway
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May 3, 2005 Item # I
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14 of 24
ATTACHMENT 2
May 3, 2005 Item # I
. . ,
MICKEY CAFAGNA, Mayor
BOB EMERY, Deputy Mayor
MERRILEE BOYACK, COlmcilmember
DON HIGGINSON, Councilmember
BETIY REXFORD, Councilmember
\2ITY OF POWAf
January 31, 2005
Richard Brower
14924 Huntington Gate Drive
Poway, Ca 92064
Subject:
Minor Development Review Application (MDRA) 04-125, APN 321-410-12
Dear Mr. Brower:
Pursuant to Section 17.52.040 of the Poway Municipal Code, MDRA 04-125, a proposal
to construct a 1,1 OO-square-foot, single-story, detached guest house at an existing
single-family residence at 14924 Huntington Gate Drive, located within the Rural
Residential C (RR-C) zone, is approved subject to the following conditions.
This decision becomes effective on Februarv 9. 2005. at 5:00 p.m., unless an appeal is
filed pursuant to the Poway Municipal Code. An appeal may be filed in writing prior to
the effective date of this decision to the -City Clerk's office accompanied by the $100
appeal-processing fee. Please contact the City Clerk's office at (858) 668-4534 or (858)
668-4400 for further information.
Notice is further given that pursuant to Government Code Section 66020(d)(1), the 90-
day period to protest the imposition of any fee, dedication, reservation, or other exaction
described in this letter begins on the date of this approval and any such protest must be
in a manner that complies with Government Code Section 66020. In addition to the
appeal requirements pursuant to the Government Code, a written appeal of this
decision pursuant to the Poway Municipal Code must also be filed.
Environmental Findinas:
This project is Categorically Exempt from the provisions of the California Environmental
Quality Act pursuant to Section 15301(e)(1), Class 4, in that the proposed construction
is a minor alteration to an existing single-family residence il'! a residential zone.
Findinas:
The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project. The construction of public
improvements is needed as a result of the proposed development to protect the public
health, safety, and welfare as identified below:
City Hall Located at 13325 Civic Center Drive
M~;I;M Arlrl'~~s: P.O. Box 789, Poway, California 92074-0789 · (858) 668-4400 FAX 668-1205
15 of 24 ATTACHMENT 3 May 3, 2005 Item # I
Mr. Brower
MDRA 04-125
January 31,2005
Page 2
Conditions of Approval:
A. Approval of this request shall not waive compliance with the Zoning Ordinance
and all other applicable City Ordinances in effect at the time of Grading and
Building Permit issuance.
B. Compliance with the following conditions is required prior to issuance of a
Grading Permit:
1. A grading plan for the development of the lot, prepared on a City of Poway
standard mylar sheet at a scale of 1"=20', shall be submitted along with a
Grading Permit application and the applicable fees to the Development
Services Department-Engineering Division for review and approval. A
grading plan submittal checklist is available at the Engineering Division
front counter. As a minimum, the grading plan shall show the following:
a. Tops and toes of graded slopes shall be shown with a minimum
five-foot setback from Open Space areas and property lines. The
house shall be located at least five feet from tops and toes of
slopes, unless waived by the Planning Division and/or Engineering
Division prior to issuance of the Grading Permit.
b. A separate erosion prevention and sediment control plan for
construction activities. This plan shall provide for an onsite de-
silting basin with a volume based on 3,600 cubic feet per tributary
acre drained.
c. Locations of all utility improvements (existing and new), together
with their easements. No encroachments are permitted upon any
easement.
d. All new slopes shall have a maximum 2 to 1 ratio (horizontal to
vertical).
e. Location of equestrian and pedestrian easement.
f. Identify location of creek and top of bank. Show distance from
edge of creek to structure.
2.
A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the project site and all
surface water flowing onto the project site from adjacent lands. Said
system shall include all easements required to properly handle the
drainage. Large concentrated flows over the driveway, and into the street
shall be avoided.
16 of 24
May 3, 2005 Item #
Mr. Brower
MORA 04-125
January 31, 2005
Page 3
3. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan.
4. If construction of this project is to disturb one acre or more, the project
owner shall file with the State Regional Water Quality Control Board a
Notice of Intent for coverage under the statewide General Permit, which
covers storm water discharges. Proof of filing of the NOI and an assigned
Waste Discharge Identification Number shall be submitted to the
Development Services Department - Engineering Division prior to
issuance of the Grading Permit. Applications for the Notice of Intent may
be obtained by contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467-2952
5. If construction of this project is to disturb one acre or more, the applicant
shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that
effectively addresses the elimination of non-storm runoff into the storm
drain system. The SWPPP shall include, but not be limited to, an effective
method of hillside erosion and sediment control; a de-silting basin with a
capacity of 3,600 cubic feet of storage per acre drained, or designed to
remove fine silt for a ten-year, six-hour storm event; a material storage
and handling site; measures to protect construction material from being
exposed to storm runoff; protection of all storm drain inlets, on-site
concrete truck wash and waste control; and other means of Best
Management Practices to effectively eliminate pollutants from entering the
storm drain system including a weather triggered action plan. The
engineer shall certify the SWPPP prior to issuance of the Grading Permit.
6. The applicant shall pay all applicable engineering, plan checking, permit,
and inspection fees.
7. Grading securities in the form of a performance bond and a cash deposit,
or a letter of credit shall be posted with the City prior to grading plan
approval. A minimum $2,000 cash security deposit is required.
17 of 24
May 3, 2005 Item # J
Mr. Brower
MDRA 04-125
January 31,2005
Page 4
8. Show and label, on the grading plan, with appropriate document numbers,
all existing easements described in the title report from Chicago Title
Company, Policy No. 8864440. No permanent structures shall be built
within these easements.
9. The applicant shall attend a pre-construction meeting, at which time they
shall present an Action Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for sediment control shall be provided using the following
guidelines, as directed by the project inspector:
a. Provision of an on-site de-silting basin with a volume based on
3,600 cubic feet per tributary acre drained.
b. Covering of all flat areas with an approved mulch.
c. Installation of an earthen or gravel bag berm that retains 3 inches of
water over all disturbed areas prior to discharge, effectively creating
a de-silting basin from the pad.
10. Prior to issuance of a Grading or Building Permit, whichever occurs first,
the applicant shall dedicate to the City a 20-foot wide public water
easement that spans the entire length of the properties southern
boundary. The alignment of the existing waterline shall be the centerline
of this easement. The applicant shall submit a legal description and
engineered drawing on a Plat Map for this easement.
(Planning)
11. Approval of this request, does not authorize use of the trail easement for
construction materials and equipment. The applicant shall contact Bob
Hahn, Public Works Department-Parks and Trails Maintenance, to
determine potential use and re!1,trictions of use.
12. The applicant shall be responsible for maintaining access to the trail
during construction activity and for restoring the trail to it's original
condition prior to occupancy.
C. Prior to issuance of a building permit, the applicant shall comply with the
following:
(Engineering)
1. The site shall be developed in accordance with the approved site plans
and conditions of approval contained herein. Grading shall be in
accordance with the Uniform Building Code, the City Grading Ordinance,
18 of 24
May 3, 2005 Item #
Mr. Brower
MDRA 04-125
January 31,2005
Page 5
the approved grading plan, the approved soils report, and grading
practices acceptable to the City.
2. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. As a minimum, all
protected areas as shown on the project plans are to be staked by a
licensed surveyor and delineated with lathe and ribbon. A written
certification from the engineer of work or a licensed surveyor shall be
provided to the Engineering Inspector stating that all protected areas are
staked in accordance with the approved project plans.
3. Prior to start of any work within City-held easements or right-of-way, a
Right-of Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid
prior to permit issuance.
(Planning)
4. The building plans shall indicate exterior building materials, color, and roof
treatment to match the existing structure.-- -
5. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School
District for additional information at (858) 748-0010, ext. 2089.
D. The applicant shall comply with the following conditions prior to occupancy:
( Engineering)
1. Drainage facilities, slope landscaping and protection measures, and
utilities, shall be constructed, completed, and inspected by the
Engineering Inspector.
2. An adequate drainage system around the new building pads capable of
handling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector.
3. The applicant shall repair any and all damages to the streets caused by
construction activity from this project, to the satisfaction of the City
Engineer.
4. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
19 of 24
May 3, 2005 Item #
I
,.
Mr. Brower
MDRA 04-125
January 31, 2005
Page 6
16.52.130B of the Grading Ordinance. Record drawings shall be
submitted in a manner to allow the City adequate time for review and
approval prior to issuance of occupancy and release of grading securities.
(Planning)
5. The maximum height of any fence or wall shall not exceed six feet.
6. All new living quarters shall be equipped with low-flow plumbing fixtures.
7. The exterior color, material, and roof treatment of the guest house shall
match the exterior of the existing residence.
8. The property owner shall sign and record a deed covenant which shall
state that "In consideration of the approval by the City of Poway, ("CITY"
hereinafter) of Minor Development Review Application 04-125 (MORA 04-
125), involving a detached guest house, OWNER hereby agrees that no
portion of the guest house shall ever be rented or leased as a separate
unit, and that no kitchen facilities shall ever De installed.
D. The following improvements shall be constructed to the satisfaction of the Fire
Chief:
4.
20 of 24
1.
Roof covering shall be fire retardant as per UBC Sections 1503 and 1504,
UBC Standard 15-2, and City of Poway Ordinance No. 64 and its
amended Ordinance No. 526.
2.
Approved numbers or addresses measuring four to six inches in height
shall be placed on the building in such a position as to be plainly visible
and legible from the street fronting the property. Said numbers shall
contrast with their background. Address shall be required at the private
driveway entrances.
3.
Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
The access roadway shall be extended to within 150' of all portions of the
exterior walls of the first story of any building. Where the access roadway
cannot be provided, approved fire protection system(s) shall be provided
as required and approved by the Fire Chief.
May 3, 2005 Item #
. .
Mr. Brower
MORA 04-125
January 31,2005
Page 7
5. A residential fire sprinkler system with a one-inch meter will be required.
Plans shall be submitted to the Fire Prevention Bureau for approval prior
to installation. (If a one-inch lateral off the street main is currently not
present, one will have to be installed.)
E. This Minor Development Review Application 04-125 shall expire on February 9,
2007, at 5:00 p.m. unless a Building Permit has been issued and construction or
use of the property in reliance on this permit has commenced prior to its
expiration.
As part of our on-going effort to improve service and customer satisfaction, enclosed is
a Minor Development Review Application Comment Card and return envelope. Please
take a moment to fill out the form. Your thoughts and comments will assist us in
improving our services. Thank you in advance for your time.
Contact me at (858) 668-4665, should you have any questions.
Sincerely,
DEVELOPMENT SERVICES
~
Pegg n, AICP
Contract Planner
cc: Engineering Division, APN File 321-410-12
Safety Service
M:lplannlnglpegylmdra2004Imdra04-125 Brower/mdra04-125 Brower.apprl.doc
21 of 24
May 3, 2005 Item # I
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ATTACHMENT 4.
May 3, 2005 item#
{)
March 27,2005
14924 Huntington Gate Drive
Poway, CA 92064
City Clerk
City of Po way
13325 Civic Center Drive
Poway, CA 92064
RE: MDRA 04-125, APN 321-410-12
Dear Sir or Madam:
Pursuant to Government Code Section 66020, this letter is to serve as notice of my intent
to protest certain conditions as documented in your approval letter dated January 31 ,2005
for construction of a detached guest house on my property at 14924 Huntington Gate
Drive, further described as MORA 04-125. Specifically, I wish to contest the following
conditions:
()
.:. B(I); B(7); B(8) - These conditions relate to the issuance of a Grading Permit and
require a grading plan, grading securities, and payment of applicable fees to the
City. Because this construction project will not require movement of more than
50 yards of dirt, the conditions imposed by the City of Poway are excessive and
not required to "protect the public health, safety, and welfare."
+:. B(IO) - This condition requires dedication of a portion of my property to the City
for a public water easement. This condition is completely unrelated to the guest
house construction project proposal. If the City wishes to exercise its eminent
domain powers to acquire this property, then it needs to demonstrate a compelling
reason for doing so and compensate me for the fair market value of this property.
I have had this property appraised and am happy to discuss dedication of this
property to the City for a public water easement, but I object to this being a
condition of MORA 04-125.
Please let me know if you have any questions regarding the basis for my protest. I look
forward to meeting in person to discuss these issues.
Sincerely,
~~~
Richard Brower
CJ Cc: Gregory Hout, Esq.
23 of 24
ATTACHMENT 5
May 3, 2005 Item # I
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