Res P-01-45RESOLUTION NO. P- 01-45
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW 00-82
ASSESSOR'S PARCEL NUMBER 278-170-03
WHEREAS, the applicant, Vision Homes, proposes to construct a 4,243-square-
foot, single-story residence on the property located at 14038 Lake Poway Road within the
Rural Residential C zone; and
WHEREAS, on September 4, 2001, the City Council held a duly advertised public
hearing to consider the request, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: Notice is given that, pursuant to G : Code Section 66020(d)(1 ), the
90-day period to protest the imposition of any fee, ded' " :her exaction
described in this letter begins on the date of this approval and any such protest must be in
a manner that complies with G l Code Section 66020. In addition to the appeal
requirements pursuant to the G l Code, a written appeal of this decision pursuant
to the Poway Municipal Code must also be filed.
Section 2: The project is found to be Categorically Exempt under the p ' ' ~the
California E ~ QualityAct pursuant to Sections 15303, Class 3 exemption, as it
is the development of a single-family residence.
Section 3: Pursuant to the City of Poway Habitat Conservation Plan, a biological survey
was prepared for the property for Tentative Tract Map 99-03. Project grading will impact
coastal sage scrub habitat. The City finds that, in accordance with the Poway Habitat
Conservation Plan, the required findings for approval of the proposed mitigation for the
removal of habitat for MDRA 00-82 are as follows:
The mitigat' i with and furthers the implementing objectives of
the Poway Habitat C Plan in that the developer has completed
mitigation for the removal of 1.16 acres of habitat at a 2:1 ratio through off-
site dedication of comparable undisturbed and unencumbered habitat.
The preservation of habitat off-site and within the Mitigation Area of the
Poway HCP will contribute toward a buffer to protect Resource Protection
Area 11 of the Rattlesnake Canyon C lands of the Poway HCP.
Therefore the dedication will serve to enhance the long-term viability and
function of the preserve system,
The mitigation will be to the long-term benefit of the covered species and
their habitats in that the dedication of a biological conservation easement
Resolution No. P- 01-45
Page 2
over undisturbed habitat within the Mitigation Area of the Poway HCP will
p ' 3ful addition to the assembly of a viable regional system of
int J natural habitat habitat linkages, buffers and
wildlife corridors.
The mitigation shall foster th impl :the Poway HCP
in an effective and efficient that any off. lion area is
required to be within an identified Mitigation Area within the City.
The mitigation will not result in a negative fiscal impact with regard to the
I implementation of the Poway HCP because no City funding will
be required for the mitigation effort.
Section 4: The finding lance with Section 17.52 of the Poway Municipal Code
for Minor Development Review 00-82, are made as follows:
That the approved project' :with the General Plan as it proposes
th : 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.
That the approved project will not have an aC ~.hetic, health, safety,
or architecturally related impact upon adjoining properties as the residence
has been designed to b l with residential development in the area.
That the project does not detract from the maintenance of the public health,
safety and general welfare, and property throughout the City.
That the approved development encourages the orderly and h
appearance of structures and property within the City as the neighboring
proper1' : of rural residential estate lots with similarly spaced home
sites. Therefore, the proposed development respects the publ for
the aesthetics of developments.
The proposal does not have an adverse aesthetic, health, safety or
architecturally related impact upon existing adjoining properties, orthe City in
general in that the residence has been designed to conform with City
development standards and has been sited to minimize the amount of
required grading while optimizing separation and buffering from other
development in the area.
The proposed development will comply with all of the provisions of the
Zoning Ord :1 the General Plan.
Resolution No. P- 0].-45
Page 3
Section 5: The findings, pursuant to G t Code Section 66020 for the public
improvements and development fees needed as a result of the proposed development to
protect the public health, safety and welfare, are made as follows:
The design and improvements of the proposed development
with all elements of the Poway General Plan, as well as City ordinances,
because all necessary services and facilities will be available to serve this
project. Th ' :public imp ~ed as a result of the
proposed development to protect the public health, safety and welfare as
identified below:
Th of traffic mitigation, water, and park fees is required in
order to mitigate the impact of one new home on the use of public
facilities; namely, publicly maintained streets, water systems, and park
space.
Th ~ affordable housing in-lieu fees is required in order to
provide funds to allow the of the City's fair share of
affordable housing for the region.
The of recreational trail improvements along the Lake
Poway Road frontage is required in order to provide a linkage in the
community trail system that exists in the area and provide an
alternative mode of transportation and reduction of the reliance on
single occupancy vehicles.
Section 6: The City Council hereby approves Minor Development Review 00-82, a
request t : a 4,243-square-foot, single-story residence on the property located at
14036 Lake Poway Road pursuant to the plans dated July 16, 2001 (building plans and
conceptual grading plan), 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 comply with the following conditions prior to grading
permit issuance:
A grading plan shall be prepared on City of Poway standard 3mm, 24"
x 36" mylar, with a scale of 1"=20" or larger. The grading plan shall
show the following:
Driveways, in compliance with the specifications provided in
Section 17.08.170D of the Poway Municipal Code, and
-- Resolution No. P- 01-45
Page 4
including minimum structural sections together with their
elevations and grades.
A sep lrol plan for p :sediment run-
off during construction. The erosion control plan shall show
the installation of gravel bags in lieu of sand bags.
All new slopes with a 2:1 (horizontal to vertical)
slope. Tops and toes of graded slopes shall be shown with a
minimum five-foot setback from open space areas and
property lines. Buildings 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 a
grading permit.
All utilities, together with the appurtenances, and any
Encroachments are not permitted upon any
easement without an approved encroachment agree-
ment/permit.
L i all utility boxes, clearly identified in coordination
with the respective utility companies, and approved by the City
prior to any installation work. Utility boxes greater than 36
inches in height and visible from the public right away shall be
sited I ' ' 3ility and screened with landscaping.
f. The location of the Fire Management Zones.
g. The location of
· King of habitat.
The location of a required minimum 6-foot-high, solid privacy
wall/fence shall be sited on the plan. Chris Herd, the adjacent
property owner to the north shall be contacted during the
grading plan check process to review the proposed location of
the required privacy wall/fence.
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.
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 surf :hin the project
Resolution No. P-0:~-45
Page 5
site and all surface water flowing onto the project site from adjacent
lands. Said system shall include all :luired to properly
handle the drainage. Concentrated fl driveways are not
permitted.
The applicant shall pay all applicable engineering, plan checking,
permit, and inspection fees.
A Storm Water Pollution Prevention Program (SWPPP) that
effectively eliminates runoff into the storm drain system
shall be implemented. The SWPPP shall include, but not be limited
to, an effective method of hillside erosion and sediment control, a
material storage sil to protect cons! ~.edal from
being exposed I :f, p :all storm d
'. : truck wash and lrol, and otb : Best
Management Practices to effectively eliminate pollutants from
entering the storm drain system. The applicant shall certify the
SWPPP prior to the approval of the grading plan and improvement
plans. The SWPPP may be incorporated with the erosion control
plan, but shall be under separate cover from the grading and
improvement plans.
Grading securities in the form of a performance bond and a cash
deposit, or a letter of credit, shall be posted with the City.
Grading or brush clearing activity in coastal sage scrub habitat shall
not occur during the period of February 15 through August 15, which
is the nesting season for the California Gnatcatcher.
Mitigation for the removal of coastal sage scrub habitat shall be
completed in compliance with the Poway Subarea Habitat
Conservation Plan (PSHCP) prior to issuance of a grading and/or
administrative clearing permit. It shall be accomplished by either
purchase of off-site comparable habitat within the PSHCP Mitigation
Area and recordation of a Biological Conservation Easement to the
sat " : the Director of Development Services.
The applicant shall comply with the following conditions of approval prior to
certification of line and grade of the graded building pad:
1. A minimum 6-foot high, solid privacy wall/fence shall b :1
adjacent to the northerly limits of the building pad.
Resolution No. P- 0:[-45
Page 6
The applicant shall comply with the following conditions prior 1'
the building permit:
The site shall be developed in accordance with the approved site
plans on file in the Development Services Department and the
conditions contained herein. Grading shall I: ;lance with the
Uniform Building Code, the City Grading Ordinance, the approved
grading plan, the approved soils report, and grading practices
acceptable to the City.
=
E lrol, including but not limited to desiltation basins, shall be
installed and maintained by the developer throughout the duration of
th period.
=
Rough grading of the lot is to be completed and meet the approval of
the City inspector and shall include submittal of the following:
a=
A certification of line and grade for each lot, prepared by the
engineer of work.
A final soil compaction report for each lot for review and
approval by the City.
The building plans shall depict the ext :1 materials to the
sal' ' : the Director of Development Services.
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 : (858) 748-0010, ext. 2089.
The site shall be developed in accordance with the approved site
plans on file in the Development Services Department and the
condit' 'J herein.
Prior to start of any work within City-held '..'Iht-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 p
8. An affordable housing fee of $4,500 shall be paid to the Planning
Division.
Resolution No. P- 0].-45
Page 7
The following development fees shall be paid to the Engineering
Division. These 1' lly in effect, and are subject to change
without notice:
Water; Meter Size Cost E **SDCWA Fee
3/4-inch $130 $3,710 $2,004
*l-inch $270 $6,678 $3,206
*If required for fire safety, 3/4" meter fees for Expansion Fee and SDCWA will be
applicable.
** To be paid by separate check, payable to San Diego County Water Authority.
Sewer: C Cleanout efit
$3,356 $50 $25 $500
Traffic Mitigation $990
Park $2,720
Drainage $950
11.
All proposed utilities within the project site shall be installed
underground.
12. The
height of any f
I shall not exceed 6 feet.
13.
An open space easement shall be recorded on the property
establishing a buffer area restricting the development of any
The form and content shall be to the satisfaction of the
Director of Development Services. Said buffer area is defined as the
area between the northerly property line to the limits of grading along
the northerly perimeter of the building pad for a distance of
approximately 150 feet from the easterly property line as depicted on
Attachment H of the project agenda report, dated September 4,2001.
The open si: l shall prohibit placement of any structures,
accessory structures, including play structures.
D. The applicant shall comply with the following conditions prior to occupancy:
Driveways, drainage facilities, slope landscaping and protection
and utilities, shall be :1, completed, and
inspected by the Engineering Inspector. The driveway shall be
:1 in accordance with Poway Municipal Code, section
17.08.170D, and its structural section shall be shown on the grading
plan.
Resolution No. P-03.-45
Page 8
An adequate drainage system around the building pad capable of
handling and disposing all surface water shall be provided to the
sat' ' :the Engineering Inspector.
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 issuance of occupancy and release of grading
Fast-growing, evergreen landscaping (shrubs and trees) and irrigation
shall be installed along the northerly elevation of the privacy
wall/fence to create an additional privacy screen and provide visual
relief of the wall from Parcel 3 of Parcel Map 11951. A conceptual
landscaping and irrigation plan shall be submitted to the Planning
Division 1' :1 approval prior to the installation of the required
landscaping and irrigation.
The following improvements shall be
Director of Safety Services:
:1 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.
Each chimney used in
maintained with a spark arrester.
with any fireplace shall be
Th -Iway 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 p ' .¢stem(s) shall
be provided as required and approved by the Fire Chief.
A residential fire sprinkler system with a one-inch meter will be
required. Plans shall be submitted to the Fire Prevention Bureau for
-- Resolution No. P- 0:1-45
Page 9
approval prior to installation. (If a one-inch lateral off the street main
is currently not present, one will have to be installed).
The following imp
Director of Public Works:
shall be
-1 to the satisfaction of the
The property contains a segment of the planned community
recreational trail along the Lake Poway Road frontage. The
developer shall improve said trail1 ' ' 5-foot width in
accordance with the trail standards provided in the City of
Poway Guide to Landscape Requirements.
Section 6: The approval of MDRA 00-82 shall expire on September 4, 2003, at 5:00
p.m., unless prior to that time a Building Permit has been issued and construction on
the property in reliance on the MDRA 00-82 approval has :1 prior to its
expiration.
ATTEST:
Lo'ri ~n~n~
PASSED, APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 4th day of September 2001.
Mich~
Peoples, City Cler
Resolution No. P- 01-45
Page 10
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- 01-45 was duly adopted by the
City Council at a meeting of said City Council held on the 4th day of September 2001, and
that it was so adopted by the following vote:
AYES:
GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
City of Poway