Res P-17-14RESOLUTION NO. P-17-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING MINOR
DEVELOPMENT REVIEW APPLICATION 14-036
ASSESSOR'S PARCEL NUMBER: 275-712-10
WHEREAS, the City Council considered Minor Development Review Application
(MDRA) 14-036, A request to construct a 1,574 square -foot addition to an existing 4,225
square -foot residence at 16290 Rostrata Hill Road within the Rural Residential C (RR -C)
zone, convert a detached garage/workshop to a 988 square -foot guest house, and
construct a new attached 833 square -foot garage and workout room; and
WHEREAS, on July 18, 2017, the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The findings for MDRA 14-036, in accordance with Poway Municipal
Code (PMC) 17.52.010 Purpose of Development Review, are made as follows:
A. The project has been designed to be architecturally compatible with surrounding
residential development, to minimize landform alteration, and conform to City
zoning, development and grading standards. Therefore, the project respects and
recognizes the interdependence of land values and aesthetics to the benefit of the
City.
B. The project has been designed to minimize impacts on surrounding residential
development by utilizing earth -tone colored exterior building materials and
an architectural design that is compatible with surrounding development.
Therefore, the proposed development respects the public concerns for the
aesthetics of development, and encourages the orderly and harmonious
appearance of structures and property within the City.
C. The granting of the MDRA would not be materially detrimental to the public health,
safety or welfare within the community since the proposed development will
complete improvements necessary for the proposed residential additions.
D. The project has been designed to be consistent with existing development on the
property and in the surrounding residential area by utilizing exterior building
materials and an architectural design that is compatible with the existing home
development. Therefore, the proposed development respects the public concerns
for the aesthetics of development.
Resolution No. P-17-14
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E. The project will not have an adverse effect on the aesthetics, health and safety, or
an architecturally -related impact upon adjoining properties, as the project has been
designed to be consistent with development in the surrounding residential area by
utilizing exterior building materials and an architectural design that is compatible
with the existing home and nearby residential development.
F. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, as well as the project conforms with the
provisions of the Zoning Code.
Section 2: The findings, pursuant to Government Code Section 66020, for the
public improvements for MDRA 14-036 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 sere this project.
B. In accordance with the Poway General Plan, the project requires the payment of
development impact fees, which are assessed on a pro -rata basis to finance public
infrastructure improvements, which promote a safe and healthy environment for
the residents of the City.
Section 3: The City Council hereby approves MDRA 14-036, subject to the
following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City may
elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of a
disagreement between the City and applicant regarding litigation issues, the City
shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the matter.
However, the applicant shall not be required to pay or perform any settlement
unless such settlement is approved by applicant.
B. Approval of MDRA 14-036 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.
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C. The conditions for the project shall remain in effect for the life of the subject
property, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
D. Prior to construction the applicant shall obtain a Building Permit. Prior to issuance
of a Building Permit the applicant shall comply with the following:
1. The site plan included with the building plan check shall be consistent with
the approved site plans on file in the Development Services Department
and the conditions contained herein.
2. The applicant shall comply with the latest adopted Building and
Construction Codes under Title 15 of PMC, and all other applicable codes
and ordinances in effect at the time of permit issuance.
(Engineering)
3. All spoil materials from footings and foundations shall be legally disposed
of off-site or if the material is to remain onsite, the material shall be placed
per the requirements of the City grading ordinance.
4. The applicant shall incorporate Low Impact Development (LID) design
features into the site development. These shall be clearly shown and
identified on the site plan and be appropriately sized for the proposed level
of development.
5. A minimum cash security of $2,000 for erosion control is required.
6. Adequate drainage facilities and calculations shall be shown on the building
plans to ensure downstream conditions will not be adversely affected by the
project.
7. The applicant shall attend a pre -construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a
City standard form available from the City's project engineer.
The applicant's action plan that identifies measures to be implemented
during construction to address erosion, sediment and pollution control will
be discussed. Compliance for sediment control shall be provided as
directed by the project inspector.
8. The applicant shall pay the storm water pollution inspection fee according
to the latest adopted master fee schedule. The current fee amount is $527.
9. Erosion control shall be installed and maintained by the developer from
October 1 to April 30. The developer shall maintain all erosion control
devices throughout their intended life.
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10. Prior to start of any work within a City -held easement 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.
(Planning)
11. The applicant shall contact the Poway Unified School District at (858)
679-2570 to verify if school impact fees are required. If required, the fees
shall be paid at the rate established at the time of Building Permit issuance.
12. Building permits to legalize the conversion of the previously constructed
workshop to a guesthouse shall be obtained prior to or concurrent with
building permit issuance for the new non -habitable structure or additions to
the main residence.
13. The building plans shall reflect the approved exterior building materials and
finishes on file with the City and the conditions of approval to the satisfaction
of the Director of Development Services.
14. Landscape and irrigation plans shall be submitted and approved for
landscaping the front yard. The landscape and irrigation plans shall
demonstrate compliance with the City of Poway Landscape and Irrigation
Design Manual, Chapter 17.41 of the PMC, and all other applicable
standards in effect at the time of landscape and irrigation plan check
submittal. This includes but is not limited to the submittal of an irrigation
audit report, pursuant to Section 17.41.110 of the PMC, prior to final
inspections/issuance of a Certificate of Occupancy.
The landscape and irrigation plan submittal is a separate submittal from
other project plan check submittals, and is made directly to the Planning
Division. Contact the Planning Division for copies of applicable City
standards, the landscape and irrigation plan submittal checklist and the plan
review fee worksheet. Landscape and irrigation plan review fees are
required and are the responsibility of the applicant.
15. A Mitigation Monitoring and Reporting Program shall be implemented to
monitor ground -disturbing activities by a properly credentialed archeological
monitor and a recognized Native American monitor to ensure that if buried
cultural materials, either historic or pre -historic, are present, they will be
handled in a timely and proper manner:
a. The applicant shall provide written verification that a certified
archeological monitor and recognized Native American monitor have
been retained to implement a monitoring program. This verification
shall be presented in a letter from the project archeologist to the
Planning Division of the City of Poway.
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The certified archeological monitor and the Native American monitor
shall attend the pre -grading meeting with the contractors to explain
and coordinate the requirements of the monitoring program.
C. During the original cutting of previously undisturbed deposits, the
archeological monitor(s) and Native American monitor shall be on-
site, as determined by the project archeologist, to perform periodic
inspections of the excavations. The frequency of inspections will
depend on the rate of excavation, the materials excavated, and the
presence and abundance of artifacts and features.
d. Isolates and clearly non-significant deposits will be minimally
documented in the field so the monitored grading can proceed.
e. In the event that previously unidentified cultural resources are
discovered, the archeological monitor shall have the authority to
divert or temporarily halt ground -disturbance operation in the area of
discovery to allow for the evaluation of potentially significant cultural
resources. The project archeologist shall contact the Planning
Division of the City of Poway at the time of discovery. The project
archeologist, in consultation with the City of Poway, shall determine
the significance of the discovered resources. Concurrence from the
City of Poway Director of Development Services must be obtained
with the evaluation before ground disturbing activities will be allowed
to resume in the affected area. For significant cultural resources, a
Research Design and Data Recovery Program to mitigate impacts
shall be prepared by the project archeologist and approved by the
City of Poway before being carried out using professional
archeological methods. If any human bones are discovered, the
county coroner and City of Poway shall be contacted. In the event
that the remains are determined to be of Native American origin, the
most likely descendant, as identified by the Native American
Heritage Commission shall be contacted in order to determine proper
treatment and disposition of the remains.
Before ground disturbing activities are allowed to resume in the
affected area, the artifacts shall be recovered and features recorded
using professional archeological methods. The archeological
monitor(s) shall determine the amount of material to be recovered for
an adequate artifact sample for analysis.
All cultural material collected during the grading monitoring program
shall be processed and curated according to the current professional
repository standards. The collections and associated records shall
be transferred, including title, to an appropriate curation facility (one
meeting the Curation of Federally Owned and Administered
Archeological Collections standard — 36CFR79), to be accompanied
by payment of the fees necessary for permanent curation.
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h. A report documenting the field and analysis results and interpreting
the artifact and research data within the research context shall be
completed and submitted to the satisfaction of the City of Poway
Director of Development Services prior to the issuance of any
building permits. The report will include DPR Primary and
Archeological Site Forms.
16. A deed restriction (covenant) shall be recorded with the County Recorder
stating that the guesthouse will not be rented or leased as a separate unit,
and no kitchen facilities will be installed.
17. A separate covenant shall be recorded with the County Recorder stating
that the garage shall not be converted to habitable space without City
approval.
E. The applicant shall comply with the following fire safety requirements, to the
satisfaction of the Fire Marshal:
The applicant is required to meet all applicable Poway Municipal Code and
California State Fire and Building Codes for this project. The applicant is
encouraged to contact the Division of Fire Prevention at (858) 668-4473 to
set up a meeting prior to submitting building plans in order to review project
requirements.
2. Every building shall be accessible to Fire Department apparatus by way of
access roadways (driveway) with an all-weather, paved driving surface of
not less than 16 feet of unobstructed width, with a roadway interior turning
radius of not less than 28 feet capable of supporting the imposed loads of
fire apparatus with a minimum of 13 feet 6 inches of vertical clearance. The
driveway shall be capable of supporting the imposed loads (75,000 pounds)
of fire apparatus with a minimum of 13 feet 6 inches of vertical clearance.
Grades exceeding 15 percent shall be constructed of cement concrete.
Oak Creek Trail shall be improved to an unobstructed minimum width of 20 -
feet from Rostrata Road to Rostrata Hill Road. It shall be an all-weather,
paved driving surface capable of supporting the imposed loads (75,000 lbs.)
of fire apparatus with a minimum of 13 feet, 6 -inches of vertical clearance.
3. Dead-end access roadways in excess of 150 feet long shall be provided
with approved provisions for turning around of Fire Department apparatus.
Curves and topographical features could alter the requirements for
turnarounds and the width of access roadways.
4. Approved numbers or addresses measuring four to six 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. Numbers shall contrast with
their background. The address is required at the private driveway entrance.
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5. A residential fire sprinkler system with a one -inch water meter will be
required for the new casita residential guest quarters, attached breezeway
and garage/gym. A separate plan submittal and approval to the Poway Fire
Department, Division of Fire Prevention, prepared by a licensed sprinkler
contractor or fire protection engineer is required for the residential sprinkler
system prior to installation. There is a separate fee for this plan check and
inspection services. If a one -inch lateral off the street main is currently not
present, one will have to be installed. If a pressure pump is required for fire
sprinkler operation, auxiliary power is required.
6. Roof covering on all buildings shall comply with Section 15.04.050 of the
PMC, and City of Poway Ordinance No. 64 and its amended Ordinance No.
526. And shall not be less than a Class "A" roof assembly.
7. Smoke detectors shall be installed in all bedrooms and adjoining hallways
of existing residence, addition and new casita residential guest quarters.
The smoke detectors shall be hard -wired, with a battery backup, and shall
be wired in such a manner that if one detector activates, all detectors
activate.
8. Carbon monoxide detectors shall be installed in hallways adjoining
bedrooms of existing residence, addition and new casita residential guest
quarters. The carbon monoxide detectors shall be hard -wired, with a
battery backup, and shall be wired in such a manner that if one detector
activates, all detectors activate.
9. Each chimney used in conjunction with any fireplace shall be maintained
with an "approved spark arrester".
10. If liquefied gas (propane) is used as a primary utility source, show the tank
size, location of the tank on the parcel, orientation of the tank to building,
and the method of securing the tank to the ground, on the building plans.
Prior to issuance of the Certificate of Occupancy:
The site shall be developed and the building elevations shall be constructed
in accordance with the approved plans on file in the Development Services
Department and the conditions contained herein. A final inspection from
appropriate City departments will be required.
(Engineering)
2. All existing and proposed utilities or extension of utilities required to serve
the project shall be installed underground. No extension of overhead
utilities shall be permitted.
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3. The drainage facilities, driveway, slope planting measures, and all utility
services shall be installed, and completed by the property owner, and
inspected by the Engineering Inspector for approval. All new utility services
shall be placed underground.
4. An adequate drainage system around the new building pad capable of
handling and disposing all surface water shall be provided to the satisfaction
of the Engineering Inspector.
5. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damages to public improvements caused by construction activity from
this project.
(Planning)
6. Landscaping shall be installed per the approved landscape plan and
submittal of an irrigation audit report, pursuant to Section 17.41.110 of the
PMC.
7. Occupancy shall be obtained for the guest house prior to or concurrent with
obtaining occupancy of the non -habitable structure or additions to the main
residence.
Section 4: The parties are hereby informed that the time within which judicial
review of this decision must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure.
Section 5: The approval of MDRA 14-036 shall expire on July 18, 2019, at 5:00
p.m., unless prior to that time a Building Permit has been issued and construction has
commenced on the property.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 18th day of July 2017.
Steve Vaus, Mayor
ATTEST:
Resolution No. P-17-14
Page 9
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, City Clerk, of the City of Poway, California, do hereby certify,
under penalty of perjury, that the foregoing Resolution No. P-17-14 was adopted by
the City Council at a meeting held on 18th day of July 2017 and that it was so adopted
by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
%n6 Neufeld, CMC, City Clerk
City of Poway