Res P-03-64 RESOLUTION NO. P-03-64
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 03-37
ASSESSOR'S PARCEL NUMBER 278-240-37
WHEREAS, MDRA 03-37, submitted by Nick Arthman, Applicant, requests the
approval of a Minor Development Review Application to construct a 4,665-square-foot,
two-stow, single-family residence, including an attached three-car garage, measuring a
maximum height of thirty feet, located on a 2.42-acre parcel (Lot 3 of TPM 96-01)
located on the north side of Eastvale Road, east of Canyon Pass, and addressed as
15535 Eastvale Road. The property is zoned Rural Residential B (RR-B) and located
within the Hillside/Ridgeline Review Area; and
WHEREAS, on October 14, 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 03-37 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 03-37 to construct a 4,665-
square-foot, two-story, single-family residence, including an attached three-car garage,
measuring a maximum height of thirty feet, on a 2.42-acre parcel located on the north
side of Eastvale Road, east of Canyon Pass, are as follows:
A. That the home and garage 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
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C. That the granting of the Minor Development Review Application 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
D. The project has been designed to minimize impacts on the surrounding
community by utilizing a Iow profile architectural design and subtle gray colored
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
03-37, to allow the construction of a 4,665-square-foot, two-story, single-family
residence, including an attached three-car garage, measuring a maximum height of
thirty feet, on a 2.42-acre parcel located on the north side of Eastvale Road, east of
Canyon Pass, per site plans, floor plans, and elevations on file with the Planning
Division dated August 18, 2003, and exterior colors and materials dated August 29,
2003, 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.
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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 03-37 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.
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. 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 arior 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.
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f. Location of Fuel Management Zones consistent with City
standards.
g. Location of avocado trees to be removed.
h. Location and details of retaining and firewalls.
i. Leach field layout plan.
2. 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.
3. 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.
4. If a grading permit is required, the applicant shall pay all applicable
engineering, plan checking, permit, and inspection fees.
5. The drainage design on the grading plans shall demonstrate compliance
with the City's Standard Urban Stormwater Mitigation Plan (SUSMP)
Ordinance.
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. 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. Prior to issuance of a grading permit, and if construction of this project is
to disturb one acre or more, the project owner shall file with the State
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Regional Water Quality Control Board a Notice of Intent (NOI) for
coverage under the statewide General Permit that 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 a 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
lQ 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 desiltation 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
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.
The applicant shall certify the SWPPP prior to approval of the grading 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.
11. A landscape/irrigation plan, along with a $525.00 deposit for plan
checking, shall be submitted for review and approval by the Development
Services Department in accordance with the applicable requirements of
the City of Poway Guide to Landscape Requirements and Fuel
Management. The landscape and irrigation plan shall indicate the
following:
a. Automatic irrigation system.
b. Plant sizes and species for manufactured and disturbed slopes
greater than a 5:1 slope which reflect one 15-gallon tree per 750
square feet of slope area and one l-gallon shrub for each 100
square feet of slope area, and ground cover.
Distance of each fuel management zone.
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d. Fire retardant plant species within zones three and four.
e. Plant material that will blend with surrounding agriculture and native
vegetation.
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 construction orange
fencing. The applicant shall have said fencing 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 issuance of a Building Permit, the applicant shall comply with the
following:
1. 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.
2. Prior to delivery of combustible building materials, on-site water systems
shall satisfactorily pass all required tests and be fully operational.
3. 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 the lot, prepared by the engineer
of work.
b. A final soil compaction report for review and approval by the City.
4. 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 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.
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b. Cover all flat areas with an 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.
5. All erosion control and pollutant control measures shall be installed and
maintained by the developer throughout the duration of the construction
period.
6. 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 be in accordance with the City Grading Ordinance,
the approved grading plan, the approved soils report, the Uniform Building
Code, and grading practices acceptable to the City.
7. At a minimum, all protected areas, as shown on the grading plan, shall be
staked by a licensed surveyor and delineated with construction orange
fencing. The applicant shall have said fencing inspected by the
Engineering Inspector prior to any grading, clearing or grubbing.
8. 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.
9. The following development fees shall be paid to the Engineering Services
Department, 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 1" meter is required only due to fire sprinklers, then %" fees will apply.
** To be paid by separate check, payable to the SDCWA.
Sewer Septic system.
Drainage Paid per TPM 96-01
Traffic Mitigation Paid per TPM 96-01
Park Paid per TPM 96-01
Skyridge Reservoir Upgrade Paid per TPM 96-01.
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Page 8
F. Prior to issuance of a Certificate of 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.
3. The applicant shall repair any and all damages to the private 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. A private road maintenance agreement, in a form satisfactory to the City
Attorney, shall be executed by the property owner per Municipal Code
Section 12.20.060. The agreement shall provide for maintenance of the
private road between the terminus of the public portion of Eastvale Road
and the driveway entrance of the subject property. The applicant shall
provide to the City a legal description and plat map for this agreement.
6. 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.
7. The building plans shall be consistent with the approved site plans and
floor plans dated August 18, 2003, on file in the Development Services
Department, except as modified by the conditions herein.
8. A Fire Management Plan, showing the minimum 100-foot zone or as
modified by the Fire Marshall, must be submitted in accordance to the City
of Poway Landscape requirements.
9. 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.
10. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
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Page 9
11. 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.
12. The final colors and materials shall be consistent with the exterior colors
and materials submitted on the plans dated August 29, 2003.
13. Obtain written evidence of plan submittal to the High Valley Ranch
Homeowners Association for the proposed residence.
14. An Affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be
paid prior to Building Permit issuance.
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.
3. Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
4. Dead end access roadways in excess of 150 feet long shall be provided
with approved provisions for the turning around of Fire Department
apparatus. Curves and topographical conditions could alter the
requirements for tumarounds and the width of access ways.
5. This dwelling is being built on a parcel size of 2.42 acres and is beyond
500 feet maximum from the nearest fire hydrant. The dwelling will have to
have standby water for firefighting and a residential sprinkler system.
Contact the Fire Prevention Bureau for details.
6. 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.)
Resolution No. P- 03-64
Page 10
7. The applicant shall comply with the City of Poway Guide to Landscape
Maintenance as it relates to fuel management zones.
8. A minimum lO,O00-gallon water tank with a fire department connection
shall be installed for fire protection purposes. Contact the Fire Prevention
Bureau for location of water tank and fire department connection.
Section 5: This Minor Development Review Application 03-37 shall expire on October
14, 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 October 14, 2003.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 14th day of October 2003.
Mic ~ ~.~or
ATTEST:
Lo'rt'/~nne Peoples, City Clerk
Resolution No. P-03-64
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-03-64 , was duly adopted by
the City Council at a meeting of said City Council held on the 14th day of October 2003,
and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
["6'ri ~nne PeOples, C~y (~lel~k -
City of Poway