Res P-03-61 RESOLUTION NO. P-03.61
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 03-69
ASSESSOR'S PARCEL NUMBER 321-380-02
WHEREAS, MDRA 03-69 submitted by Monty McCullough, Applicant, requests
the approval of a Minor Development Review Application to construct a 4,520-square-
foot, one-story, single-family residence, measuring a maximum of 24 feet in height, and
two attached 516-square-foot garages on a 6.95-acre property (Lot 2 of Map 11295)
located on Hidden Knoll Road, south of Poway Road. The property is zoned Rural
Residential A and located within the Hillside/Ridgeline Review Area; and
WHEREAS, on September 16, 2003, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: MDRA 03-69 is found to be Categorically Exempt from the California
Environmental Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuant to
Section 15303 of the CEQA Guidelines, in that the project proposes the construction of a
single-family residence.
Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal
Code, to approve Minor Development Review Application 03.69 to construct a 4,520-
square-foot, one-story, single-family residence measuring a maximum of 24 feet in
height, and two attached 516-square-foot garages on a 6.95-acre lot located on Hidden
Knoll Road, south of Poway Road, are as follows:
A. That the home and garages have been sited to minimize landform alteration and
conforms to City zoning and grading standards. 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 residence
is consistent with surrounding residences. Therefore, the proposed design, size,
and scale of the proposed residence is compatible with and will not adversely
affect, or be materially detrimental to adjacent uses, residents, buildings,
structures, or natural resources; and
C. That 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 necessary for the new residence; and
Resolution No. P-03-61
Page 2
D. The project has been designed to minimize impacts on the surrounding community
by utilizing a Iow profile architectural design and earth-toned wall and roof
materials. Therefore, the proposed development respects the public concerns for
the aesthetics of development; and
E. That 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 because it will meet all development
requirements; and
F. That the proposed development will comply with each of the applicable provisions
of the Zoning Ordinance and the General Plan.
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 construction of
public improvements is needed as a result of the proposed development to protect
the public health, safety, and welfare as identified below:
1. In accordance with the Poway General Plan, the project requires the
payment of drainage, park, affordable housing, and traffic 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 4: The City Council hereby approves Minor Development Review Application
03-69, to allow the construction of a 4,520-square-foot, one-story, single-family residence
measuring a maximum of 24 feet in height and two attached 516-square-foot garages on
a 6.95-acre property located on Hidden Knoll Road, south of Poway Road, per site plans,
floor plans, and elevations on file with the Planning Division dated July 30, 2003,, and the
grading plan previously approved under G196-84, subject to the following conditions:
A. Approval of this MDRA request shall apply 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.
B. Within 30 days of approval, the applicant shall submit in writing that all conditions
of approval have been read and understood.
C. The conditions of MDRA 03-69 shall remain in effect for the life of the subject
residence and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
Resolution No. P-03-61
Page 3
D. Prior to grading the applicant shall obtain a Grading Permit. Prior to issuance of a
Grading Permit, the applicant shall comply with the following:
1. The subject lot was previously graded under City of Poway grading permit
G196-84. If additional grading is required and exceeds 50 cubic yards of
earthwork, or if the cut is greater than two feet in vertical depth and creates
a cut slope steeper than 2:1 (two horizontal to one vertical), or the fill is
more than one foot in vertical depth, then a new grading plan shall be
submitted to Development Services for review and approval. If the above
conditions do not apply, then the applicant shall provide a certification from
a State Registered Civil Engineer indicating the quantity of earthwork
involved and pay a $500 inspection fee prior to building permit issuance
2. If grading is required, a grading plan for the development of the lot prepared
on a City of Poway standard mylar at a scale of 1" = 20', shall be submitted
along with a grading permit application and 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. All new slopes with a maximum 2:1 (horizontal to vertical) slope.
Tops and toes of graded slopes shall be shown with a minimum 5-
foot setback from open space areas and property lines. Buildings
shall be located at least 5 feet from tops and toes of slopes, unless
waived by the Planning Division and/or Engineering Division prior to
issuance of a Grading Permit.
b. 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.
c. A separate erosion control plan for prevention of sediment runoff
during construction.
d. 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.
e. 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 the
satisfaction of the Director of Development Services.
Resolution No. P-03-61
Page 4
f. Fuel Management Zones.
3. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work. The report shall be submitted with
the grading plan.
4. 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. Concentrated flows across driveways are not permitted.
5. If a grading permit is required, the applicant shall pay all applicable
engineering, plan checking, permit, and inspection fees.
6. The grading plan shall include measures to comply with the City of Poway
Standard Urban Stormwater Mitigation Plan (SUSMP) Ordinance No. 569
by including practices to mitigate runoff so that pollutant loads from the
project site are not increased.
7. If a grading permit is required, grading securities in the form of a
performance bond and a cash deposit, or letter of credit, shall be posted
with the City prior to grading plan approval. A minimum $2,000 cash
security is required.
8. Prior to any rock blasting, a pre-blast survey of the surrounding properties
shall be conducted to the satisfaction of the Director of Development
Services, and 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.
9. Fire hydrants shall be installed at locations to be determined by the Fire
Marshal. The applicant shall pay to the City the cost of preparing a water
system analysis to determine the adequacy of the water main, and any
necessary water main extensions and connections to serve the project.
Improvement plans, accompanied by plan check and inspection fees, shall
be submitted for approval by the Engineering Division
10. A landscape/irrigation plan, for slopes over 5:1 and Fuel Management
Zones, in accordance with the applicable requirements of the City of Poway
Guide to Landscape Requirements shall be submitted to and approved by
the Director of Development Services. Said plan shall show the following:
a. Irrigation and sizes and species for:
Resolution No. P-03-61
Page 5
i. Landscaping all manufactured and disturbed slopes greater
than a 5:1 slope;
ii. The fuel management zones.
b. In accordance with said requirements, and the Poway General Plan
requirement for hillside development, the landscaping shall utilize
materials similar in appearance to the existing native vegetation.
c. Trees shall be planted at the rate of one tree per 750 square feet of
slope area and shrubs shall be planted at the rate of one shrub per
100 square feet of slope area. Groundcovers shall be hydroseeded,
or hand planted cuttings appropriately spaced to eventually control
soil erosion.
d. A $525.00 deposit for plan checking is required with the landscape
plan submittal package.
11. All slope plantings shall be installed, and automatic irrigation system
shall be installed and operational at time of final inspection.
12. All construction activity on the project site, including equipment preparation
(i.e., warming up engines), shall be limited to the hours of 7:00 a.m to 6:00
p.m. Monday through Saturday. Grading activities, including equipment
preparation, shall be limited to the hours of 7:00 a.m. to 6:00 p.m. Monday
through Friday.
13. At a minimum, all protected areas, as shown on the grading plan, shall be
staked by a licensed surveyor, and delineated with lathe and ribbon. 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.
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 building plans shall be consistent with the approved site plans and floor
plans dated July 30, 2003, on file in the Development Services Department,
except as modified by the conditions herein.
2. The applicant shall provide a biology report delineating the amount of on-
site habitat that will be impacted due to grading, fire mitigation, house pad,
and driveway (in acreage), to the satisfaction of the Director of
Development Services. The report must also list all on-site habitat, by type
and quantity (on each parcel) and provide details as to the quality, for the
Resolution No. P-03-61
Page 6
purposes of determining the mitigation ration ~er the Habitat Conservation
Plan.
3. A Wildfire Management Plan, showing the minimum lO0-foot zone, must be
submitted in accordance to the City of Poway Landscape requirements.
4. 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.
5. The applicant shall attend a pre-construction meeting, at which time he
shall present an Action Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for erosion control can be provided using one or more of the
following guidelines:
a. Provide an on-site desiltation basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Cover all fiat areas with approved mulch.
c. Install an earthen or gravel bag berm that retains 3 inches of water
over all areas prior to discharge, effectively creating a desiltation
basin from the pad.
6. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer throughout the duration of the
construction period. The developer shall maintain all erosion control
devices throughout their intended life.
7. The site shall be developed in accordance with the approved site plans and
conditions of approval on file for TTM 4195 in the Development Services
Department and the conditions contained herein, including the installation of
sewer lines to the property. 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 practices acceptable to the
City.
8. If there is no pad certification, or if the pad certification is more than 3 years
old, then a soils report or an updated pad certification for the building pad,
prepared by a licensed Civil Engineer or licensed Land Surveyor, shall be
provided to the satisfaction of the Building Division. The new soils report or
updated certification shall include the information listed in Uniform Building
Code Section 1804--FOUNDATION INVESTIGATION.
Resolution No. P-03-61
Page 7
9. Construction staking shall be installed by the owner 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.
10. If a grading permit is required, 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. A certification of line and grade for each lot, prepared by the
engineer of work.
b. A final soil compaction report for each lot for review and approval by
the City.
11. A $2,000 erosion control cash security shall be posted with the City.
12. Prior to start of any work within City-held easements or rights-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.
13. The following development fees shall be paid to the Engineering Services
Department prior to Building Permit issuance. These fees are currently in
effect and are subject to change.
Water:
Meter Size Cost Expansion Fee **SDCWA Fee Service Line
%-inch $130 $3,710 $2,004 $1,430
'1 -inch $270 $6,678 $3,206 $1,430
*If a l-inch meter is required for fire safety/sprinklers, then %-inch meter
fees for expansion and SDCWA will be applicable.
**To be paid by separate check, payable to San Diego County Water
Authority.
Sewer: Connection Clean-out box Inspection
$2,356 Paid Paid
Traffic Mitigation-- $990
Park = $2,720
Drainage = $1,570
Resolution No. P-03-61
Page 8
14. Prior to the issuance of building permits, the applicant shall dedicate right-
of-way (ROW) along Poway Road in order to allow the curve to be
lengthened to achieve a 55 MPH design speed with a maximum super
elevation of 3%. The applicant's engineer shall submit to the City a legal
description and plat map of the property to be dedicated, along with a
plancheck fee of $1,000. Street construction related to this item is not
required.
15. This parcel is subject to annexation into the Landscape Maintenance
District area 86-2A, because it receives access through and is immediately
adjacent to the LMD.
16. 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.
17. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
18. The maximum height of any fence or wall shall not exceed 6 feet. Any walls
proposed shall be reflected on grading plans and shall be of decorative
block or stucco finish consistent with the exterior of proposed residence. A
color sample of proposed walls and fences shall be submitted to the
Planning Division for review and approval.
19. The final elevations, colors and materials shall be different to revised to the
satisfaction of the Director of Development Services to provide a more
varied streetscape.
20. Obtain written evidence of plan submittal to the Sunrise Ranch
Homeowners Association for proposed residence.
21. An Affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be paid
prior to Building Permit issuance.
F. The applicant shall comply with the following conditions prior to occupancy:
1. Driveways, drainage facilities, slope landscaping and protection measures
for fuel management, 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 its
structural section shall be shown on the grading plan.
2. An adequate drainage system around the building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector. Run-off shall not be permitted to pond near the
Resolution No. P-03-61
Page 9
house foundation or cause surface erosion along the slopes. Large
concentrated flows over the driveway and onto the street is not permitted.
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. All proposed utilities within the project site shall be installed underground.
5. If a grading permit is required, 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 in a manner to allow the City adequate time for
review and approval prior to issuance of occupancy and release of grading
securities.
6. Street lighting shall be installed at the intersection of Hidden Knoll Road
and Poway Road at a location approved by the City Traffic Engineer, and
annexed to the lighting district. Evidence of annexation shall be provided
and street light energization fees shall be paid by the developer.
7. The existing AC berm on Hidden Knoll Road shall be removed and re-
poured. The existing road surface on Hidden Knoll Road shall be removed
and repaved to the satisfaction of the City Engineer.
8. The existing tree stump on the west side of the cul-de-sac shall be removed
and the existing improvements damaged by the tree stump shall be
repaired to the satisfaction of the City Engineer.
9. A private road maintenance agreement, in a form acceptable to the City
Attorney, shall be executed for maintenance of Hidden Knoll Road.
G. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. Roof covering shall be fire retardant as per UBC Section 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 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 property. Said numbers shall contrast with their
background. Address shall be required at private driveway entrances.
Resolution No. P- 03-61
Page 10
3. Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
4. The access roadway 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 protection system(s) shall be
provided as required and approved by the Division Chief.
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.)
6. The applicant shall comply with the City of Poway Guide to Landscape
Maintenance as it relates to fuel management zones.
7. A fire hydrant will be required for this project. Contact the Fire Prevention
Bureau for hydrant location and details.
8. The cul-de-sac must be 76 feet in diameter.
Section5: This Minor Development Review Application 03-69 shall expire on
September 16, 2005, 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 September 16, 2003.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 16th day of September 2003.
ATTEST: M~
Lori ~,nne Peoples, City ~l~rk[
Resolution No, P-03-61
Page 11
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-03-61 , was duly adopted by
the City Council at a meeting of said City Council held on the 16th day of September
2003, and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
'L"olq' ~n-n6 ~eoples~ c~y Clerk[
City 6f Poway
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