Res P-16-11RESOLUTION NO. P -16 -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR DEVELOPMENT REVIEW APPLICATION 13 -035
ASSESSOR'S PARCEL NUMBER: 323 - 010 -26
WHEREAS, the City Council considered Minor Development Review Application
(MDRA) 13 -035, a request to construct a 2,758- square -foot single - family residence with a
528 - square -foot attached garage on a vacant 1 acre lot accessed from the cul -de -sac of
Belvedere Drive, in the Rural Residential C (RR -C) Zone. The project also involves the
installation of a septic system to serve the residence and the construction of an access
driveway; and
WHEREAS, on April 5, 2016, the City Council held a duly advertised public hearing
to solicit comments from the public, both for and against, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The findings for MDRA 13 -035, in accordance with PMC 17.52.010 Purpose of
Development Review, are made as follows:
A. The project has been designed to be architecturally compatible with surrounding
residential development, to minimize landform alteration, and conform to City
zoning, development and grading standards. Therefore, the project respects and
recognizes the interdependence of land values and aesthetics to the benefit of the
City.
B. The project has been designed to minimize impacts on surrounding residential
development by utilizing earth -tone colored exterior building materials and
an architectural design that is compatible with surrounding development. Therefore,
the proposed development respects the public concerns for the aesthetics of
development, and encourages the orderly and harmonious appearance of
structures and property within the City.
C. The granting of the MDRA would not be materially detrimental to the public health,
safety or welfare within the community since the proposed development will
complete improvements necessary for the new residence and garage.
D. The project has been designed to be consistent with development in the
surrounding residential area by utilizing exterior building materials and an
architectural design that is compatible with nearby residential development.
Therefore, the proposed development respects the public concerns for the
aesthetics of development.
Resolution No. P -16 -11
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E. The project will not have an adverse effect on the aesthetics, health and safety, or
an architecturally - related impact upon adjoining properties, as the project has been
designed to be consistent with development in the surrounding residential area by
utilizing exterior building materials and an architectural design that is compatible
with nearby residential development.
F. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as the project conforms with the
provisions of the Zoning Code.
Section 2: The findings, pursuant to Government Code Section 66020, for the public
improvements for MDRA 13 -035 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.
B. In accordance with the Poway General Plan, the project requires the payment of
development impact fees, which are assessed on a pro -rata basis to finance public
infrastructure improvements, which promote a safe and healthy environment for the
residents of the City.
Section 3: The City Council hereby approves MDRA 13 -035, subject to the following
conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents, officers,
or employees, relating to the issuance of this permit, including, but not limited to,
any action to attack, set aside, void, challenge, or annul this development approval
and any environmental document or decision. The City may elect to conduct its
own defense, participate in its own defense, or obtain independent legal counsel in
defense of any claim related to this indemnification. In the event of such election,
applicant shall pay all of the costs related thereto, including without limitation
reasonable attorney's fees and costs. In the event of a disagreement between the
City and applicant regarding litigation issues, the City shall have the authority to
control the litigation and make litigation related decisions, including, but not limited
to, settlement or other disposition of the matter. However, the applicant shall not be
required to pay or perform any settlement unless such settlement is approved by
applicant.
B. Approval of MDRA 13 -035 shall apply only to the subject project, and shall not
waive compliance with all sections of the Zoning Ordinance and all other applicable
City Ordinances in effect at the time of Building Permit issuance.
Resolution No. P -16 -11
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C. The conditions for the project shall remain in effect for the life of the subject
property, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
D. Prior to issuance of a Grading Permit, the applicant shall comply with the following:
(Engineering)
1. Submit a precise grading plan for the development of the lot prepared on a
City of Poway standard sheet at a scale of 1" = 20', unless otherwise
approved by the City project engineer. Submittal shall be made to the
Department of Development Services Engineering Division for review and
approval. The grading design shall be 100% complete at the time of
submittal, ready for approval and issuance of permit. Incomplete submittals
will not be accepted. All technical studies as required by Chapter 16 of the
Poway Municipal Code shall be submitted.
2. A drainage study addressing the impacts of the 100 year storm event
prepared by a registered Civil Engineer is to be submitted and approved.
The study shall evaluate existing and proposed hydrologic and hydraulic
conditions to the satisfaction of the City project engineer.
3. Grading securities shall be posted with the City prior to grading plan approval
per section 16.46.080 of the Poway Municipal Code. A minimum cash
security of $2,000 for erosion control is required.
4. The applicant shall pay the storm water pollution inspection fee according to
the latest adopted master fee schedule. The current fee amount is $1,054.
5. Following approval of the grading plans, posting of securities and fees, and
receipt of three copies of the approved plans, the applicant shall attend a
pre- construction meeting at the Department of Development Services. The
scheduling request shall be submitted on a City standard form available from
the City's project engineer. The applicant's action plan that identifies
measures to be implemented during construction to address erosion,
sediment and pollution control will be discussed. Compliance for sediment
control shall be provided as directed by the project inspector.
6. Prior to start of any work within a City -held easement or right -of -way, 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.
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7. Construction staking is to be inspected by the Engineering Inspector prior to
any clearing, grubbing or grading. At a minimum, all protected areas as
shown on the approved grading plans are to be staked under the direction of
a licensed land surveyor or licensed civil engineer and delineated with lathe
and ribbon. As applicable, provide two copies of a written certification,
signed and sealed in accordance with the Business and Professions Code,
by the engineer of record stating that all protected areas have been staked in
accordance with the approved plans.
(Planning)
8. Any fence or wall shall not exceed six feet in height. Any retaining
walls proposed shall be shown on the grading and building plans, and shall
be constructed of decorative block or stucco finish consistent with
the residence to the satisfaction of the Director of Development Services.
9. The limits of grading and clearing activity area shall be staked by a licensed
surveyor, and delineated with orange construction fencing before any
grading /clearing activities. The applicant shall have said staking inspected
by the Engineering Inspector prior to any grading, clearing or grubbing. 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.
11. A Mitigation Monitoring and Reporting Program shall be implemented to
monitor ground- disturbing activities by a properly credentialed archeological
monitor and a recognized Native American monitor to ensure that if buried
cultural materials, either historic or pre- historic, are present, they will be
handled in a timely and proper manner:
a. The applicant shall provide written verification that a certified
archeological monitor and recognized Native American monitor have
been retained to implement a monitoring program. This verification
shall be presented in a letter from the project archeologist to the
Planning Division of the City of Poway.
b. The certified archeological monitor and the Native American monitor
shall attend the pre - grading meeting with the contractors to explain
and coordinate the requirements of the monitoring program.
C. During the original cutting of previously undisturbed deposits, the
archeological monitor(s) and Native American monitor shall be on -site,
as determined by the project archeologist, to perform periodic
inspections of the excavations. The frequency of inspections will
depend on the rate of excavation, the materials excavated, and the
presence and abundance of artifacts and features.
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d. Isolates and clearly non - significant deposits will be minimally
documented in the field so the monitored grading can proceed.
e. In the event that previously unidentified cultural resources are
discovered, the archeological monitor shall have the authority to divert
or temporarily halt ground- disturbance operation in the area of
discovery to allow for the evaluation of potentially significant cultural
resources. The project archeologist shall contact the Planning
Division of the City of Poway at the time of discovery. The project
archeologist, in consultation with the City of Poway, shall determine
the significance of the discovered resources. Concurrence from the
City of Poway Director of Development Services must be obtained
with the evaluation before ground disturbing activities will be allowed
to resume in the affected area. For significant cultural resources, a
Research Design and Data Recovery Program to mitigate impacts
shall be prepared by the project archeologist and approved by the City
of Poway before being carried out using professional archeological
methods. If any human bones are discovered, the county coroner and
City of Poway shall be contacted. In the event that the remains are
determined to be of Native American origin, the most likely
descendant, as identified by the Native American Heritage
Commission shall be contacted in order to determine proper treatment
and disposition of the remains.
f. Before ground disturbing activities are allowed to resume in the
affected area, the artifacts shall be recovered and features recorded
using professional archeological methods. The archeological
monitor(s) shall determine the amount of material to be recovered for
an adequate artifact sample for analysis.
g. All cultural material collected during the grading monitoring program
shall be processed and curated according to the current professional
repository standards. The collections and associated records shall be
transferred, including title, to an appropriate curation facility (one
meeting the Curation of Federally Owned and Administered
Archeological Collections standard — 36CFR79), to be accompanied
by payment of the fees necessary for permanent curation.
h. A report documenting the field and analysis results and interpreting
the artifact and research data within the research context shall be
completed and submitted to the satisfaction of the City of Poway
Director of Development Services prior to the issuance of any building
permits. The report will include DPR Primary and Archeological Site
Forms.
12. Prior to removal of any trees during the recognized nesting season for
raptors, a qualified professional shall evaluate the subject trees for nests and
report the findings in writing to the City. Should a nest be located, removal of
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the tree shall be delayed until such time as the nest(s) have been
abandoned.
13. In accordance with Condition H of the Poway HCP Incidental Take Permit, a
take of active California gnatcatcher nests, which includes harassment of the
bird due to grading noise and vibrations from February 15 through July 1, is
not permitted. The project site is located within 500 feet of coastal sage
scrub habitat (CSS). Therefore, grading during this time frame will only be
permitted subject to the following conditions having been met to the
satisfaction of the Director of Development Services:
a. The applicant is hereby advised that, during grading, if active nests
are found within 500 feet of the grading, the grading activity shall be
stopped until such time as mitigation measures, to the satisfaction of
the City and the United States Fish and Wildlife Service ( USFWS) are
implemented. There is no guarantee that grading will be allowed to
resume during nesting season.
b. Before issuance of a Clearing /Grading Permit, if grading is to occur
between February 15 and July 1, the applicant shall provide to the
Planning Division a letter from a qualified biologist retained by the
applicant, with a scope of work for a CSS habitat and Gnatcatcher
Survey, and a report for the area to be graded and CSS habitat areas
within 500 feet of such area. The biologist shall contact the USFWS
to determine the appropriate survey methodology. The purpose of the
survey is to determine if any active gnatcatcher nests are located in
the area to be graded, or in CSS habitat within 500 feet of such area.
To be considered qualified, the biologist must provide the City with a
copy of a valid Gnatcatcher Recovery Permit from the U.S. Fish and
Wildlife Service ( USFWS).
C. The scope of work shall explain the survey methodology for the
biological survey and the proposed gnatcatcher nest monitoring
activities during the clearing /grading operation. Should the report
show, to the satisfaction of the Director of Development Services, that
gnatcatcher nests are not present within the area to be
graded /cleared, or within CSS habitat located within 500 feet of said
area, approval may be granted to commence clearing /grading within
the gnatcatcher nesting season from February 15 through July 1.
d. If gnatcatchers are nesting within the area to be graded /cleared, or
within CSS habitat located within 500 feet of said area, no grading will
be allowed during this time.
e. The biologist must attend the City's pre- construction meeting for the
project and must be present on -site during all clearing /grading
activities to monitor that the clearing/ grading activities stay within the
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designated limits. During this period, the biologist shall also monitor
and survey the habitat, on a daily basis, within the area to be
cleared /graded and any habitat within 500 feet of said area for any
evidence that a gnatcatcher nest(s) exists or is being built. Weekly
monitoring summaries shall be submitted to the Planning Division.
Should evidence of a gnatcatcher nest(s) be discovered, the grading
operation shall cease in that area and be directed away from the
gnatcatcher nest(s) to a location greater than 500 feet away from the
nest(s).
f. If grading is required to stop due to the presence of active nests, the
applicant shall be required to provide erosion control, to the
satisfaction of the City Engineer. This paragraph must be included as
a note on the cover sheet of the clearing /grading plan.
g. The biologist shall provide the City with written confirmation that the
limits of clearing/ grading are in accordance with the project's
Biological Resource Assessment.
h. Upon completion of the clearing /grading activities, the applicant's
biologist shall submit to the Director of Development Services a
biological monitoring report summarizing the daily observations of the
biologist, including whether any gnatcatchers or evidence of active
gnatcatcher nests were present during clearing and grading activities
within the area and any habitat within 500 feet of said area.
14. Landscape and irrigation plans shall be submitted for review and approval.
The landscape and irrigation plans shall demonstrate compliance with the
City of Poway Landscape and Irrigation Design Manual, Chapters 17.07 and
17.41 PMC, and all other applicable standards in effect at the time of
landscape and irrigation plan check submittal. The landscape and irrigation
plan submittal is a separate submittal from other project plan check
submittals, and is made directly to the Planning Division. Contact the
Planning Division for copies of applicable City standards, the landscape and
irrigation plan submittal checklist, and the plan review fee worksheet.
Landscape and irrigation plan review fees are required and are the
responsibility of the applicant.
Resolution No. P -16 -11
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All manufactured slopes greater than a 5:1 slope shall be landscaped and
irrigation shall be installed to the satisfaction of the Director of Development
Services and the Fire Marshal. Manufactured slopes greater than 5:1 shall
be planted with a combination of ground cover, shrubs, and trees (with ratios
and sizes consistent with the guidelines), and shall be provided with an
automatic irrigation system operational at the time of final inspection.
Additionally, any disturbed, denuded areas within the required front yard
setback area shall be landscaped and irrigated to the satisfaction of the
Director of Development Services.
E. Prior to construction the applicant shall obtain a Building Permit. Prior to issuance
of a Building Permit the applicant shall comply with the following:
1. The site plan included with the building plan check shall be consistent with
the approved site plans on file in the Development Services Department and
the conditions contained herein.
2. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, Chapter 17.07 PMC, and all other applicable codes
and ordinances in effect at the time of permit issuance.
(Engineering)
3. The site shall be developed in accordance with the approved grading plans
on file in the Development Services Department and the conditions 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.
4. Erosion control shall be installed and maintained by the developer from
October 1 to April 30. The developer shall maintain all erosion control
devices throughout their intended life.
5. Applicant shall obtain a Grading Permit and complete rough grading of the
site. The grading shall meet the approval of the Engineering Inspector and
the project's geotechnical engineer. Following completion of rough grading,
please submit the following:
a) Three copies of certification of line and grade for the lot, prepared by
the engineer of work.
b) Three copies of a soil compaction report for the lot, prepared by the
project's geotechnical engineer.
The certification and report are subject to review and approval by the City.
6. All existing and proposed utilities or extension of utilities required to serve the
project shall be installed underground prior to occupancy. Submit
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documentation to the satisfaction of the Director of Development Services
Department that all necessary easements have been obtained.
7. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance. Listed below are the current applicable fees and
amounts:
a. Water (1" meter) $5,448
a. Fire Protection Impact (1 EDU) $122.03
b. Traffic (SF Res) $2,310
c. Park (SF Res) $4,562
d. Drainage (Midland) $2,168.19
There is also a separate required fee to the San Diego County Water
Authority in the amount of $7,490 for a 1" meter.
(Planning)
8. The applicant shall contact the Poway Unified School District (858
679 -2570) to verify if school impact fees are required. If required, the fees
shall be paid at the rate established at the time of Building Permit issuance.
9. An Affordable Housing In -Lieu Fee shall be paid at the established rate.
10. Exterior building materials and finishes shall reflect the approved elevations
on file with the City and these conditions of approval, and shall be noted on
the building plans to the satisfaction of the Director of Development Services.
11. The retaining walls along the access driveway shall be constructed of
decorative block or stucco finish consistent with the adjacent residence(s).
12. The required landscape plan shall be approved.
13. The cultural artifacts that were found on the subject property during the
archeological testing on the property completed by Laguna Mountain
Environmental, Inc. shall be curated at an appropriate curation facility (one
meeting the Curation of Federally Owned and Administered Archeological
Collections standard — 36CFR79).
F. The applicant shall comply with the following fire safety requirements, to the
satisfaction of the Fire Marshal:
The applicant is required to meet all applicable PMC and California State Fire
and Building Codes for this project. The applicant is encouraged to contact
the Division of Fire Prevention at (858) 668 -4472 to set up a meeting prior to
submitting building plans in order to review project requirements.
Resolution No. P -16 -11
Page 10
2. The residence shall be accessible to Fire Department apparatus by way of
access roadways with an all- weather driving surface of not less than 18 feet
of unobstructed width between Belvedere Drive and the point where the
access serves only two parcels. The minimum unobstructed width of the
driveway serving the project shall be 16 feet. Roadway interior turning radius
of not less than 28 feet capable of supporting the imposed loads of fire
apparatus with a minimum of 13 feet 6 inches of vertical clearance is
required. The Fire Chief, pursuant to the Poway Municipal Code, shall
approve the road surface type.
3. The access easement shall have an address sign installed and maintained,
listing all street numbers occurring on that easement located where the
easement intersects Belvedere Drive. The minimum size of the numbers on
the sign shall be 4 inches in height with a minimum stroke of 3/8 -inch and
shall contrast with the background.
4. The gradient for a fire apparatus access roadway shall not exceed 20
percent. Grades exceeding 15 percent shall be constructed of cement
concrete.
5. Dead -end access roadways in excess of 150 feet long shall be provided with
approved provisions for turning around of Fire Department apparatus.
Curves and topographical features could alter the requirements for
turnarounds and the width of access roadways. An approved emergency
vehicle turnout shall be installed along the driveway access roadway.
6. Approved numbers or addresses measuring 4 to 6 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 project. Numbers shall contrast with their
background.
7. Roof covering shall comply with Section 15.04.050 of the Poway Municipal
Code, and City of Poway Ordinance No. 64 and its amended Ordinance No.
526. And shall not be less than a Class "A" roof assembly.
8. All automatic gates across fire access roadways and driveways shall be
equipped with approved, emergency, key- operated switches overriding all
command functions and opening gates. A dual keyed or dual switches shall
be provided to facilitate access by law enforcement.
9. A residential fire sprinkler system with a one -inch water meter is required to
be installed in the proposed residence and guest house /garage. A separate
plan submittal and approval to the Poway Fire Department, Division of Fire
Prevention, prepared by a licensed sprinkler contractor or fire protection
engineer is required for the residential sprinkler system prior to installation. A
separate fee is required for this plan check. If a one -inch lateral off the street
G
Resolution No. P -16 -11
Page 11
main is currently not present, one will have to be installed. If a pressure
pump is required for fire sprinkler operation, auxiliary power is required.
10. Smoke detectors shall be installed in all bedrooms and adjoining hallways.
The smoke detectors shall be hard - wired, with a battery backup, and shall be
interconnected throughout. Smoke detectors shall be wired in such a
manner that if one detector activates, all detectors activate.
11. Carbon monoxide detectors shall be installed in hallways adjoining
bedrooms. The carbon monoxide detectors shall be hard - wired, with a
battery backup, and shall be wired in such a manner that if one detector
activates, all detectors activate.
12. Each chimney used in conjunction with any fireplace shall be equipped with
an approved spark arrester.
Prior to issuance of the Certificate of Occupancy:
The site shall be developed and the building elevations shall be constructed
in accordance with the approved plans on file in the Development Services
Department and the conditions contained herein. A final inspection from
appropriate City departments will be required.
(Engineering)
2. All existing and proposed utilities or extension of utilities required to serve the
project shall be installed underground. No extension of overhead utilities
shall be permitted.
3. The drainage facilities, driveway, slope planting measures, and all utility
services shall be installed, and completed by the property owner, and
inspected by the Engineering Inspector for approval. All new utility services
shall be placed underground.
4. An adequate drainage system around the new building pad capable of
handling and disposing all surface water shall be provided to the satisfaction
of the Engineering Inspector.
5. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damages to public improvements caused by construction activity from this
project.
6. A private road maintenance agreement shall be executed. The applicant
shall submit any necessary legal descriptions and plat maps for the
agreement. The agreement shall include all private roads from the proposed
driveway to the nearest public road. The agreement shall be in a form
satisfactory to the City Attorney.
Resolution No. P -16 -11
Page 12
7. The stormwater facilities shall be complete and operational prior to
occupancy.
8. After completion of all work, record drawings, signed by the engineer of work,
shall be submitted to Development Services for review prior to a request of
occupancy, per Section 16.52.130B of the Grading Ordinance. Approval of
record drawings is required prior to issuance of occupancy and release of
grading securities. Initial submittal of record drawings at least three weeks
prior to a request for occupancy is recommended.
(Planning)
9. Landscaping shall be installed per the approved landscape plan.
Section 4: The parties are hereby informed that the time within which judicial review of
this decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure.
Section 5: The approval of MDRA 13 -035 shall expire on April 5, 2018, at 5:00 p.m.,
unless prior to that time a Building Permit has been issued and construction has
commenced on the property
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at
a regular meeting this 5th day of April 2016.
Steve Vaus, Mayor
ATTEST:
- d" &K��o
Linda K. Hascup, CMC, Interi City Clerk
Resolution No. P -16 -11
Page 13
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Linda K. Hascup, CIVIC, Interim City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -16 -11 was duly adopted by
the City Council at a meeting of said City Council held on the 5th day of April 2016, and
that it was so adopted by the following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Linda K. Hascup, CIVIC, Irfterim City Clerk
City of Poway