Res P-03-70 RESOLUTION NO. P-03-70
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 03-04 AND MDRA 03-44
ASSESSOR'S PARCEL NUMBER 321-220-08
WHEREAS, Variance 03-04 and MDRA 03-44, Bruce and Jennifer Bowman,
Applicants, request approval to construct a 4,000-square-foot, single-story residence on
Parcel 1 of Parcel Map (PM) 10313 located at the southerly terminus of Golden Sunset
Court. The application also requests a Variance to allow the residence to encroach up to
40 feet into the required 40-foot front yard setback. The subject property is located in the
Rural ResidentiaI-B High Valley (RR-B) zone, and
WHEREAS, on October 21, 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, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council has considered the Environmental Initial Study (ELS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Resolution for Variance 03-04 and Minor Development Review
03-44. The subject ElS and MND documentation are fully incorporated herein by this
reference. The City Council finds, on the basis of the whole record before it, that there is
no substantial evidence the project will have a significant impact on the environment, that
the mitigation measures contained in the ElS and Exhibit A hereof will mitigate potentially
significant impacts to a less than significant level, and that the MND reflects the
independent judgment and analysis of the City. The City Council hereby approves the
MND and the associated Mitigation Monitoring Program attached to this Resolution as
Exhibit A.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (Poway HCP), a
biological report and an addendum letter prepared by Vince Scheidt, Biological
Consultant, dated September 2002 and August 26, 2003, respectively, were submitted
for the property. Development on Parcel I will impact approximately 1.32 acres of
Coastal Sage Scrub habitat located on property that is outside of the Mitigation Area of
the Poway HCP. In accordance with the Poway HCP, the required findings for approval
of the proposed mitigation for the removal of Coastal Sage Scrub and Non-native
Grassland habitat for Minor Development Review 03-44 are as follows:
A. The proposed project is outside of the Mitigation Area of the Poway HCP. The
mitigation is consistent with and furthers the implementing objectives of the Poway
HCP in that the applicant will mitigate impacts to 1.32-acres of Coastal Sage
Scrub habitat at a 2:1 ratio. Said mitigation will be through off-site dedication of
suitable Coastal Sage Scrub habitat and the recordation of a biological
conservation easement deed preserving comparable undisturbed and
Resolution No. P-03-70
Page 2
unencumbered habitat of equal or greater conservation value located within the
HCP Mitigation Area, and/or by the payment of Habitat Mitigation In-Lieu fees
($10,000/acre).
B Preservation of such habitat within the Mitigation Area and/or payment of In-Lieu
Fees will contribute toward the building of the ultimate total Mitigation Area
preserve system of the HCP. Therefore, such habitat preservation and/or
payment of In-Lieu Fees will serve to enhance the long-term viability and function
of the preserve system.
C. The habitat preserved through off-site dedication, or purchased by Habitat
Mitigation In-Lieu Fees paid will be to the long-term benefit of the PSHCP covered
species and their habitats in that the recordation of a Biological Conservation
Easement deed over undisturbed and unencumbered habitat (See "A" above)
and/or the payment of In-Lieu Fees, will promote a meaningful addition to the
assembly of a viable regional system of uninterrupted natural habitat resources,
habitat linkages, buffers, and wildlife corridor.
D. The preserved habitat will foster the incremental implementation of the PSHCP in
an effective and efficient manner in that the preservation of off-site conservation
area(s) will be within an identified Mitigation Area within the City, and/or the
payment of In-Lieu Fees will likewise contribute towards, assembling the total
Mitigation Area preserve system.
E. The preserved habitat will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP as the subject mitigation lands will be
dedicated to the City of Poway in fee title and/or placed within permanent public
biological conservation easement deeds or In-Lieu Fees will be paid.
Section 3: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 03-04 to allow a 4,000-square-foot residence that will be
constructed on the vacant lot located at the southerly terminus of Golden Sunset Court
(APN 321-220-08) in the Rural Residential B High Valley (RR-B) zone to encroach up to
40 feet into the required 40-foot front yard setback, as shown on the site plan dated
August 11,2003, are made as follows:
A That there are special circumstances applicable to the property and because of
this the strict application of the zoning ordinance deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification. The special circumstances include the fact that the subject lot is
constrained by: 1) a sizeable natural drainage area that traverses the southerly
half of the property and 2) excessive easement encumbrances (a 60-foot-wide
private road easement and a 20-foot-wide private road easement) restrict where
the house can be sited to observe adequate buffer from the drainage area; and
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
Resolution No. P-03-70
Page 3
and not afforded to the property for which the Variance is sought because the
developable area of the lot is constrained by the sizeable natural drainage area
that traverses the southerly half of the properly and excessive road easement
encumbrances that restrict where the house can be sited; and,
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed residence will be served by
City water and sewer service, and the residence will be sited clear of the two
historic on-site private road easements which have experienced little to no access
use in the past; and,
D. That the granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in that
the surrounding properties have been developed with single-family homes; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR-B High Valley zone because a single-family home is a
permitted use; and
F. That the proposed Variance will be compatible with the City's General Plan
because the use is permitted and does not result in a density increase.
Section4: The findings, in accordance with Section 17.52 of the Poway Municipal
Code to approve Minor Development Review Application 03-44 as shown on plans dated
August 11, 2003, on file with the Planning Division, are made as follows:
A. That the approved project is consistent with the General Plan as it proposes the
construction of a single-family residence on properly that is designated for rural
residential use. 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 residential development. 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 as deemed necessary; and
D. That the approved development encourages the orderly and harmonious
appearance of structures and property within the City as the neighboring
properties consist of rural residential estate lots. Therefore, the proposed
development respects the public concerns for the aesthetics of development; and
Resolution No. P-03-70
Page 4
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; and
F. That the proposed development will comply with each of the applicable provisions
of the Zoning Ordinance and the General Plan.
Section 5: The City Council hereby approves Variance 03-04 and Minor Development
Review Application 03-44, to allow the construction of a 4,000-square-foot, single-story
residence on the vacant lot (APN 321-220-08) located at the southerly terminus of
Golden Sunset Court in the Rural Residential-B High Valley zone that would encroach up
to 40 feet into the required 40-foot front yard setback as shown on plans dated August
11, 2003, subject to the following conditions:
A. Approval of this Variance and Minor Development Review Application 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.
B. Within 30 days of approval the applicant shall submit in writing that all conditions
of approval have been read and understood.
C. The Variance granted by this approval shall not be conducted in such a manner as
to interfere with the reasonable use and enjoyment of surrounding residential
uses.
D. All construction and grading traffic associated with the project shall access the site
via Golden Sunset Lane and Golden Sunset Court.
E. Within 30 days of approval, the applicant shall cause the preparation and
recordation of a 20-foot-wide public easement for the entire length of waterline
required of this project. A $1,000 processing fee for the easement documents
shall be paid to the City.
F. Prior to issuance of a Grading Permit, the applicant shall comply with the following:
1. Submit a grading plan for the development of the lot prepared on a City of
Poway standard Mylar at a scale of 1" = 20', 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:
All new slopes with a maximum 2:1. 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
Resolution No. P-03-70
Page 5
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 run-off
during construction.
d All utilities (proposed and existing), together with their appurtenances
and associated 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.
f. Development shall not encroach into the drainage area or banks of
the drainage area.
g. Location of the required 15-foot recreational trail easement with 8-
foot-wide improvements along the northerly limits of the subject
property.
h. Top and bottom elevations of all retaining walls. The maximum
height of a retaining wall shall not exceed 6 feet.
i. Show required brush management zones. Pursuant to the project
fire mitigation requirements coordinated with the Fire Marshal a solid,
non-combustible masonry wall shall be installed adjacent, but offset
to the creek bank along the southerly side of the residence to act as
a fire deterrent and allow the required brush management zones
along the creek to be reduced.
2. 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.
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.
Resolution No. P-03-70
Page 6
4. The grading plans shall include the extension of the private road, known as
Golden Sunset Court, and the driveway to the subject parcel. The minimum
private road width of 20' shall be extended to a point until access is
provided to two or less parcels.
5. Prior to issuance of a Grading or Building Permit, whichever occurs first,
and if construction of this project is to disturb one acre or more, the
applicant shall file with the State Regional Water Quality Control Board a
Notice of Intent for coverage under the statewide General Permit that
covers stormwater 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 or Building Permit. Applications 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
6. If construction of this project is to disturb one acre or more, the owner 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 desilting 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 engineer shall certify
the SWPPP prior to issuance of a Grading or Building Permit.
7. The drainage design on the grading plans shall demonstrate compliance
with the City's Standard Urban Stormwater Mitigation Plan (SUSMP)
Ordinance.
8. The applicant shall submit plans to the Engineering Division for review and
approval for public waterline improvements between Golden Sunset Court
and Mountain Road, designed in accordance with the June 2003 water
systems analysis prepared for the subject site.
The applicant shall pay all applicable engineering, plan checking, permit,
and inspection fees.
Resolution No. P-03-70
Page 7
10. The applicant shall submit to the City letters of permission from the affected
property owners for all off-site grading.
11. Grading securities in the form of a performance bond and a cash deposit, or
a letter of credit shall be posted with the City prior to grading plan approval.
A minimum cash security of $2,000 is required.
12. If the grading plan for the subject project includes the access driveway
improvements for Parcel 2 of Parcel Map 10313, the applicant shall obtain
the necessary permits and approvals from the California Department of Fish
and Game, Army Corps of Engineers and the Regional Water Quality
Control Board for the required creek crossing improvements.
13. Prior to any clearing, grubbing or grading, the applicant shall comply with
the following:
a. At a minimum, all protected areas as shown on the grading plans,
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 grading. A written certification from
the engineer of work or a licensed surveyor shall be provided to the
Engineering Inspector stating that all protected area are staked in
accordance with the approved project plans.
14. 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.
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.
15. 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.
16. 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
Resolution No. P-03-70
Page 8
Division. Seismic recordings shall be taken for all blasting. Blasting shall
occur only at locations and levels approved by the Director of Development
Services.
17. According to the habitat assessment and area calculations prepared by
Vince Scheidt, the project will impact 1.32 acres of CSS. Impacted CSS
habitat shall be mitigated at a minimum of a 2:1 ratio for 2.64 acres of
undisturbed unencumbered native CSS habitat. Habitat mitigation shall be
completed as follows:
a. The subject property is located outside of the Poway Sub-area
Habitat Conservation Plan (PSHCP) Mitigation Area; therefore, off-
site dedication of 2.64 acres of habitat of equal or greater
conservation value is required. Said off-site dedication shall require
the applicant to place 2.64 acres of in-kind habitat in a Biological
Conservation Easement. Said Conservation Easement shall be
approved by the Director of Development Services and shall be
notarized and recorded with the County of San Diego at the cost of
the applicant. In compliance with the PSHCP, the City shall
subsequently re-zone the mitigation land to Open Space-Resource
Management to insure its permanent preservation. The applicant
may opt to complete the mitigation requirement through payment of a
Habitat Mitigation In-Lieu Fee. Presently the Habitat Mitigation In-
Lieu Fee is $10,000/acre. Therefore, the Habitat Mitigation In-Lieu
Fee would be $26,400 for mitigation of 2.64-acres of habitat.
b. In accordance with Condition H of the PSHCP Incidental Take
Permit, a take of active California Gnatcatchers nests, which
includes harassment of the bird due to grading noise and vibrations
from February 15 through July 1, is not permitted. Therefore,
grading during this timeframe will only be permitted subject to the
following conditions having been met to the satisfaction of the
Director.
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 (USFVVS)
are implemented. There is no guarantee that grading will be allowed
to resume.
· If grading or clearing 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 CSS habitat and Gnatcatcher survey, and
report for the area to be cleared and/or graded and CSS
habitat areas within 500 feet of such area. The biologist shall
Resolution No. P-03-70
Page 9
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 cleared
or 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
USFWS.
· 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.
· If Gnatcatchers are present 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~
c. 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
designated limits. During this period, the biologist shall also monitor
and survey the habitat within the area to be cleared/graded and any
habitat within 500 feet of said area on a daily basis 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). If grading is required to stop due to the
presence of active nests, the applicant shall 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.
d. 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.
Resolution No. P-03-70
Page 10
e. 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.
f. 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.
18. Pursuant to Poway Landscape Guidelines, and the Fuel Manage-
ment/Landscape plan on file with Development Services, all landscaping
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. A $525.00 plan check fee/deposit is required with the
landscape plan submittal package.
G. Compliance with the following conditions is required during grading operations:
1. 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 Uniform Building Code, the
City Grading Ordinance, the approved grading plan, the approved soils
report, and grading practices acceptable to the City.
2. 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.
H. 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 shall be developed in accordance with the approved plans dated
August 11, 2003, and conditions of approval 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.
Resolution No. P-03-70
Page 11
2. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Electrical/Building Permit issuance.
3. Building Permit plans shall show the proposed colors, texture and type of
the exterior building materials for the residence.
4. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway School District for
additional information at (858)748-0010, ext. 2089.
5. The plans shall show all existing and new utilities placed underground
6. Payment of the Affordable Housing In-Lieu Fee in the amount of $4,500 (fee
based on a 4,110-square-foot house).
7. A $2,000 erosion control cash security shall be posted with the City.
8. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer throughout the duration of the
construction project. The developer shall maintain all erosion control
devices throughout their intended life.
9. Rough grading 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.
10. Prior to start of any work within City-held easements, right-of-way, or open
space property, 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.
11. Prior to delivery of combustible building materials, on-site water and fire
hydrants shall satisfactorily pass all required tests and be connected to the
public water system.
12. 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 **SDCWAFee Service Line
~ -inch $130 $3,710 $2,004 $1,430
'1 -inch $270 $6,678 $3,206 $1,430
Resolution No. P-03-70
Page 12
· *If a 1" meter is required only for fire safety/sprinklers, then ~" fees for
expansion and SDCWA will be applicable.
· **To be paid by separate check, payable to San Diego County Water
Authority
Sewer: Connection Cleanout box Inspection Indirect Benefit
$2,356 $50 $25 N/A
Traffic Mitigation $990
Park $2,720
Drainage $1,570
13. A Deed Covenant shall be recorded on the property detailing that it is the
property owner's responsibility to complete regular inspection and
maintenance of required structural Standard Urban Stormwater
Management Plan improvements on an annual basis to insure proper
operation and functioning.
I. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply with
the following:
1. 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
house foundation, or cause surface erosion along the slopes. Large
concentrated flows over the driveway and onto the street are not permitted.
2. All existing and proposed utilities within the project site shall be installed
underground.
3. The developer shall repair, to the satisfaction of the City Engineer, any and
all damages to the private road improvements caused by construction
activity from this project.
4. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request for 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.
5. The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the conditions contained herein.
A final inspection from the appropriate City Departments will be required.
Resolution No. P-03-70
Page 13
6. All exposed slopes greater than 5:1 slope shall be planted and irrigated.
7. Road improvements, driveways, drainage facilities, slope landscaping and
protection measures, 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.
8. A private road construction and maintenance agreement, in a form
satisfactory to the City Attorney, for the private road between the driveway
to the subject property and the nearest public road shall be executed by the
owner. Said agreement is to comply with Ordinance No. 280, Poway
Municipal Code Section 12.20.060.
A stormwater best management practices (BMPs) maintenance agreement,
in a form satisfactory to the City Attorney, for the stormwater BMPs for the
subject property shall be executed by the owner. Said agreement is to
comply with Ordinance No. 569, Poway Municipal Code section 16.108.020.
J. The following improvements shall be constructed 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. Addresses shall be required at private driveway entrances.
3. Each chimney used in conjunction with any fireplace sha~l be maintained
with a spark arrester.
4. If applicable, the applicant shall comply with the City of Poway Guide to
Landscape Maintenance as it relates to fuel management zones.
5. 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 Chief.
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-03-70
Page 14
Section 6: The approval of Variance 03-04 and Minor Development Review Application
03-44 shall expire on November 4, 2005, 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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, this 4th day of November 2003.
Michael P. Cafagna ~
ATTEST:
Anne-Peoples, CityFClerk
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-03-70 duly adopted by the
City Council at a meeting of said City Council held on the 4th day of November 2003, and
that it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: ':~IONE
ABSTAIN: ~_ EMERY
ABSENT: ~_.NONE .,~)~
Jori, Anne P~oPles, city CI6'~k -
City of Poway