Res P-03-71 RESOLUTION NO. P-03-71
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 03-14 AND MDRA 03-45
ASSESSOR'S PARCEL NUMBER 321-220-09
WHEREAS, Variance 03-14 and MDRA 03-45, submitted by Bruce and Jennifer
Bowman, Applicants, requests approval to construct a 4,110-square-foot, two-story
residence on Parcel 2 of Parcel Map 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 2~1, 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 03-14 and Minor Development
Review 03-45. The subject FIS 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 2 will impact approximately 1.22 acres of
Coastal Sage Scrub habitat and 0.32 acres of Non-native Grassland 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 03-45 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
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Page 2
Poway HCP in that the applicant will mitigate impacts to 1.22-acres of Coastal
Sage Scrub and 0.32-acres of Non-native Grassland habitat at a 2:1 ratio. Said
mitigation will be through off-site dedication of suitable Coastal Sage Scrub and
Non-native Grassland habitat and the recordation of a biological conservation
easement deed preserving comparable undisturbed and 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 03-14 to allow a 4,110-square-foot residence that will be
constructed on the vacant lot located at the southerly terminus of Golden Sunset Court
(APN 321-220-09) 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
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classification. The special circumstances include the fact that the subject lot is
constrained by: (1) excessive easement encumbrances (a 60-foot-wide private
road easement, a 20-foot-wide private road easement and a 100-foot-wide San
Diego Water Authority Aqueduct easement); and, (2) is adjacent to a natural
drainage area which restricts where the house can be sited to observe adequate
buffer from the drainage and be clear of the easements; 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
and not afforded to the property for which the Variance is sought because the
developable area of the lot is constrained by: (1) excessive easement
encumbrances (a 60-foot-wide private road easement, a 20-foot wide private
road easement and a 100-foot wide San Diego Water Authority Aqueduct
easement); and, (2) is adjacent to a natural drainage area which restricts where
the house can be sited to observe adequate buffer from the drainage; 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 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.
Section 4: The findings, in accordance with Section 17.52 of the Poway Municipal
Code to approve Minor Development Review 03-45 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 property 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
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B. That the approved project will not have an adverse effect 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
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 03-14 and Minor Development
Review Application 03-45 to allow the construction of a 4,110-square-foot, two-story
residence on the vacant lot (APN 321-220-09) 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. Future grading of the hillside portions of the subject lot pursuant to the City of
Poway Hillside/Ridgeline Review Map (Major Topographical Features - Figure 9
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of the 1983 Poway Comprehensive Plan) shall be prohibited unless approved by
the City Council.
D. 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.
E. Future grading of the hillside portions of the subject lot (easterly half) shall be
prohibited unless approved by the City Council.
F. All construction and grading traffic associated with the project shall access the
site via Golden Sunset Lane and Golden Sunset Court.
G. 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.
H. 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:
a. 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 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
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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. Top and bottom elevations of all retaining walls. The maximum
height of a retaining wall shall not exceed 6 feet.
h. 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 northerly 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.
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 feet 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 (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
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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.
9. The applicant shall pay all applicable engineering, plan checking, permit,
and inspection fees.
10. The applicant shall submit to the City letters of permission from the
affected property owner 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. The applicant shall obtain the necessary permits and approvals from the
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California Department of Fish and Game, Army Corps of Engineers and
the Regional Water Quality Control Board for the required creek crossing
improvements of the access driveway.
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 areas 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 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
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
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Vince Scheidt, the project will impact 1.22 acres of Coastal Sage Scrub
(CSS) and 0.32 acres of Non-native grassland (NNG). Impacted CSS and
NNG habitat shall be mitigated at a minimum of 2:1 ratio for 2.44 acres of
undisturbed unencumbered native CSS habitat and 0.64 acres of
undisturbed unencumbered NNG. Habitat mitigation shall be completed
as follows:
a. The subject property is located outside of the Poway Subarea
Habitat Conservation Plan (PSHCP) Mitigation Area; therefore,
mitigation requires off-site dedication of 2.44 acres of CSS habitat
and 0.64 acres of NNG habitat of equal or greater conservation
value. Said off-site dedication shall require the applicant to place a
total of 3.08 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
ensure 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 $30,800 for mitigation of 3.08 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 time frame 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 (USFWS) 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
before issuance of a Clearing/Grading Permit, a letter from a
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qualified biologist retained by the applicant with a scope of
work for a 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 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 U.S.
Fish and Wildlife Service (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 Gnatcatchers' 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, 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). 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
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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.
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, all manufactured slopes
greater than a 5:1 slope and Fuel Management Zones, 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.
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.
Resolution No. P-03-71
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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.
J. 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 for PM 10313 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. 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 4,000-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.
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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 **SDCWA Fee Service Line
% -inch $130 $3,710 $2,004 $1,430
'1 -inch $270 $6,676 $3,206 $1,430
*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 Storm Water
Management Plan improvements on an annual basis to ensure proper
operation and functioning.
K. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply
with the following:
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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.
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
17.08170D, 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 12.2Q060.
9. A storm water best management practices (BMPs) maintenance
agreement, in a form satisfactory to the City Attorney, for the storm water
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,
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L. 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 shal~ contrast
with their background. Addresses shall be required at private driveway
entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
4. 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.)
7. 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.
Section 6: The approval of Variance 03-14 and Minor Development Review Application
03-45 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.
Resolution No. P-03-7:].
Page 16
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, this 4th day of November 2003.
Mich'"~l ~ (~afagn~ ~yor
ATTEST:
nneP~oples, City Cl~rk
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- 03-71 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, HTGGTNSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: EMERY
ABSENT: NONE
['6~i J~nne PeOples, City Cl~k -
City of Poway