Res P-01-43RESOLUTION NO. P- 01-43
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW 01-045
ASSESSOR'S PARCEL NUMBER 272-292-31
WHEREAS, MDRA 01-045, submitted by Joe Earle, William Urbano, and Hugh
Seeds, Applicants, was appealed by Wylie and Andrea Plummer, Appellants. The Minor
Development Review appl quest 1 : a 3,470-square-foot single-family
residence and a 730-square-foot garage on the 1.05-acre property located at 16316
Orchard Bend Road within the RR-C (Rural Residential C) zone; and
WHEREAS, on August 14, 2001, the City Council held a duly advertised public
hearing to consider the merits of the appeal request relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The project, MDRA 01-045, is found to be Categorically Exempt under the
p ' ' I the California E Quality Act (CEQA) pursuant to Section 15303,
Class 3 exemption, as it is th ~ a single-family residence.
Section 2: The finding Jance with Section 17.52 of the Poway Municipal Code
to approve Minor Development Review 01-045, are made as follows:
That the approved project is consistent with the General Plan as it proposes the
construction of a single-family residence on property that is designated for rural
residential use. Therefore, the proposed use respects the interdependence of land
:1 aesthetics to the benefit of the City; and
That the approved project will not have an adverse affect on the aesthetics, health,
safety, or architecturally related impact upon adjoining properties as the residence is
consistent with surrounding residences and the proposed design will utilize the
greatest extent feasible to the existing graded pad. Therefore, the proposed design,
size, and scale of the proposed residence and garage will be compatible with and
will not adversely affect, or be materially detrimental to adjacent uses, residents,
buildings, or natural and
The granting of the Minor Development R Id not be materially detrimental
to the public health, safety, or welfare since the proposed use will complete
improvements as deemed necessary; and
The approved development encourages the ordedy and h
si :1 property within the City as the neighboring proped' : of rural
residential estate lots with similarly spaced home sites. Therefore, the proposed
development respects the publ' for the aesthetics of development; and
Resolution No. P- 01-43
Page 2
or
materially injurious to properties or improvements in the vicinity nor be contrary to
the adopted General Plan; and
That the proposed development will comply with each of the applicable p
the Zoning Ord :1 the General Plan.
Section 3: The findings, pursuant to G l Code Section 66020 for the public
improvements, are needed as a result of the proposed development to protect the public
health, safety, and welf :le as follows:
The design and imp ~the proposed development : I 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
imp is needed as a result of the proposed development to protect the
public health, safety, and welfare as identified below:
The construction of private right-of-way imp ;I Orchard Bend
Road is required in order to provide access to the site as required by the
Poway Municipal Code for emergency vehicles and to bring the property into
lh Nondedicated Rural Local Street Standards of the Poway
Municipal Code.
Section 4: The City Council hereby approves Minor Development Review 01-045, to
allow the construction of a 3,470-square-foot single-family residence and a 730-square-foot
garage on the property located at 16316 Orchard Bend Road, subject to the following
conditions:
Within 30 days of approval, the applicant shall submit in writing that all conditions of
approval have been read and understood.
The applicant shall apply for a grading permit and submit a grading plan along with a
grading permit application, for review and approval to the City's Development
Services Department. A grading plan submittal checklist is available at the
Engineering Division front counter. Prior to issuance of a grading permit, the
applicant shall:
Submit a grading plan prepared on a City of Poway standard 3mm, 24"x36"
Mylar, with a scale of 1" = 20' scale or larger. At ' ' the grading plan
shall reflect the following:
All new slopes with 2:1 (horizontal to vertical) slope. Tops
and toes of graded slopes shall be shown with a minimum five-foot
setback from open si: :1 property lines. Buildings shall be
located at least five feet from tops and toes of slopes,
Resolution No. P-01-43
Page 3
· .3 '
of a grading permit.
Driveways, in compliance with the specifications provided in Section
17.08.170D of the Poway Municipal Code, and including minimum
structural sections together with their elevations and grades.
A separate erosion control plan for prevention of sediment run-off
during
All utilities (proposed and existing), together with the appurtenances
and any easements. Encroachments are not permitted upon any
easement without an approved encroachment agreement/permit.
Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work. Screening of utility boxes shall be to th ' '
of the Director of Development Services.
Top of wall and bottom of wall
proposed retaining walls.
at all locations, for any
Submit a soils/geological report prepared by an engineer licensed by the
State of California to perform such work. The report shall be submitted with
the grading plan.
Submit a drainage study using the 100-year storm frequency criteria with the
grading plan. The drainage system shall be capable of handling and
disposing of all surface water within the project site, and all surface water
flowing onto the project site from adjacent lands. Larg :1 runoffs
over the driveway and into the street shall be avoided.
T 31iance with the Clean Water Act, the applicant shall prepare a
Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses
the elimination of :1: into the storm drain system orthe natural
stream. The SWPPP shall include, but not be limited to, an effective method
of hillsid' :1 sediment control, a material storage si! to
protect :erial from being exposed 1' protection
of all storm drain inlets, truck wash and waste control, and
otb : Best Management Practices to effectively eliminate pollutants
f ' ..] the storm drain system. The applicant shall certify the SWPPP.
The SWPPP shall be submitted with the grading plan.
The applicant shall pay all applicable engineering; plan checking, permit and
inspection fees. A grading plan submittal checklist is available at the
engineering front counter.
Resolution No. P-01-43
Page 4
Grading ~e form cfa pefl'
a letter of credit, shall be posted with the City.
deposit, or
Should there be a need for a new fire hydrant, a water system analysis shall
be prepared ~ the adequacy of the existing public water system on
Orchard Bend Road. The applicant shall pay to the City the cost of preparing
the analysis. If a system upgrade is required due to the analysis, the
applicant shall submit improvement plans 1' :l approval by the City.
Plan check and inspection fees shall be included with the submittal of plans.
The applicant shall comply with the following conditions prior to issuance of the
building permit:
The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the condir ~
herein. Grading of lots shall be in accordance with the Uniform Building
Code, the City Grading Ordinance, the approved grading plan, the approved
soils report, and grading p 3table to the City. The building plans
shall b : with the approved project plans.
School impact fees shall be paid at th · 31ished at the time of building
permit issuance. Please contact the Poway Unified School District for
additional ' ' l (858) 748-0010, ext. 2089.
Water, sewer, and flra protection systems plans shall be designed and
:1 to meet the requirements of the City of Poway.
The height of any fence or wall shall not exceed 6 feet. Wall
reflected on conceptual grading plans shall be of decorative block or stucco
finish consistent with the exterior of proposed residence.
5. All living quarters shall be equipped with Iow flow plumbing fixtures.
Erosion controls, including but not limited to desiltation basins, shall be
installed and -I by the developer throughout their intended life.
Rough grading of the lot is to be completed and must meet the approval of
the City Inspector and shall include submittal of the following.
A certification of line and grade for each lot, prepared by the engineer
of work.
b. A final soil compaction report for each lot 1' :t approval by
the City.
Resolution No. P- 0].-43
Page 5
y ,,-held ~ht-
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.
The following development fees shall be paid to the Engineering Division.
These f Ily in effect, and are subject to change without notice:
Water:
SDCWA Service
Meter Size Cost an Fee Line
3/4-inch $130 $3,710 $2,004 $1,430
*l-inch $270 $6,678 $3,206 $1,430
*If required for fire safety, 3/4" meter capacity and SDCWA fees will
be applicable.
Sewer: eptic System
Traffic Mitigation 990
Park 2,720
Drainage 1,570
10.
Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading.
11.
Leach field layout or seepage pit layout for the sewage disposal system shall
be submitted to the City's Development Services Department f
approval by the City Engineer prior to obtaining a septic system installation
permit from the County of San Diego Department of Health. If a septic
system installation permit was already obtained, a layout plan shall be
submitted to the City for review prior to installation of leach lines.
12.
Prior to rock blasting, a pre-blast survey of the surrounding properties shall
be conducted to the satisfaction of the Director of Development S :1
a blasting permit shall be obtained from the Engineering Division. Seismic
recordings shall be taken for all blasting. Blasting shall occur only at
locations and levels approved by the Director of Development Services.
The applicant shall comply with the following conditions prior to occupancy:
Driveways, drainage facilities, slope landscaping and p '
and utilities, shall be constructed, completed, and inspected by the
Engineering Inspector. The driveway shall be constructed in accordance with
Poway Municipal Code, Section 17.08.170D, and il section shall
be shown on the grading plan.
Resolution No. P-01-43
Page 6
An adequate drainage s2 ri the building pad capable of handling
and disposing all surface water shall be provided to the of the
Engineering Inspector.
3. All proposed utilities within the project site shall be installed underground.
Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
16.52.130B of the Grading Ordinance. Record drawings shall be submitted
to allow the City adequate time 1' :1 approval prior to
: occupancy and release of grading securities.
The developer shall repair, to the sat' :the City Engineer, damages
to the road improvements on Orchard Bend Road as a result of construction
activities for development of the subject property. (See Director of Safety
Services Condition #6.)
All landscaping, walls, mailboxes, curbs, driveways, utilities, and/or other
improvements that will be required to be relocated to :late the
widening of Orchard Bend Road (See Director of Safety Services Condition
#6) shall be reflected on the roadway improvement plans. Said relocation of
imp shall be to the satisfaction of the Director of Development
Services.
A private road agreement for Orchard Bend Road, in a form
satisfactory to the City Attorney, shall be executed by the property owner per
Municipal Code Section 12.20.060.
The applicant shall install a sign at the entrance of the private road that shall
state "Private Road, No Access."
The applicant shall construct the following imp
Director of Safety Services:
to the satisfaction of the
Roof covering shall meet Class A fire retardant testing as specified in the
Uniform Building Standards No. 32-7 for fire retardant roof covering materials
per City of Poway Ordinance No. 64.
Approved numbers or addresses 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. Addresses
shall be required at private driveway entrances.
with
Each chimney used' :h any fireplace shall b
a spark arrester.
Resolution No. P- 03.-43
Page 7
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.
Th Jway shall be extended to within 150 feet of all portions of the
exterior walls of the first story of any building. Where the access roadway
cannot be provided, approved fire p ./stem(s) shall be provided as
required and approved by the Division Chief.
Access roadway from Orchard Bend Road shall be widened I ' ' :
20 feet of ' 3 of 16 feet of paving and 4 feet of decomposed
granite surface or equivalent pursuant to Section 15.24.170 of the Poway
Municipal Code until the roadway serves less than three parcels. The
roadway may then be reduced to 16-feet of paved roadway.
Section 5: This Minor Development Review Application 01-045 shall expire on July 23,
2003, at 5:00 p Building Permit has been issued and const :the
property in this permit h :t prior to its expiration.
Section 6: Pursuant to G l Code Section 66020, the 90-day approval pedod in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on August 14, 2001.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 14th day of August 2001.
ATTEST: Mi~
nne Peoples, City Olerk
Resolution No. P-01-43
Page 8
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- 01-43 , was duly adopted by the
City Council at a meeting of said City Council held on the 14th day of August 2001, and that
it was so adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
~ne PeOples, CiTy Cler~
City of Poway
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