Res P-02-56
RESOLUTION NO. P-02-56
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW (DR) 02-09
ASSESSOR'S PARCEL NUMBER: 323-071-18
WHEREAS, DR 02-09, submitted by Whitewater, LLC, Applicant, requests the
approval of a Development Review application to construct 9 single-family residences,
pursuant to Tentative Tract Map 97-02, on 34 acres located at the northerly terminus of
Whitewater Drive within the Rural Residential A (RR-A) and Rural Residential C (RR-C)
zones; and
WHEREAS, on September 17, 2002, 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: The City Council finds that the proposed project has been adequately
addressed in, and is within the scope of, the Mitigated Negative Declaration (MND)
approved for TTM 97-02 on August 1,2000. The project is within the scope of the prior
environmental document; therefore, no additional environmental review or notice is
necessary.
Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal Code,
for DR 02-09 are made as follows:
A. The project is consistent with the Poway General Plan in that it involves the
construction of 9 single-family residences on the RR-C zoned portion of a 34-acre
lot that is zoned for low-density residential development (RR-A and RR-C). The
project has been designed to comply with the development standards for the RR-C
zone.
B. The project will not have an adverse health, safety, or aesthetic impact upon
adjoining properties in that the project's infrastructure improvements, grading, and
home construction are in full compliance with all City development standards.
C. That the project is in compliance with the Zoning and Grading Ordinances in that the
project complies with all City development standards of the RR-C zone, including
those relating to building setbacks, building heights, lot coverage, and all City
grading requirements.
D. That the development encourages the orderly and harmonious appearance of
structures and property within the City as the surrounding properties consist of
single-family residences.
Section 3: The findings, pursuant to Government Code Section 66020 for the public
improvements for DR 02-09, are to be made as follows:
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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 services and facilities will be available to serve this project. The payment
of fees toward public improvements is needed as a result of the proposed
development to protect the public health, safety, and welfare as identified below:
1. The project requires payment of drainage, park, affordable housing, and
traffic mitigation fees, which are assessed on a pro-rata basis to finance and
provide public infrastructure improvements to promote a safe and healthy
environment for the residents of the City.
Section 4: The City Council hereby approves DR 02-09 to construct 9 single-family
residences, pursuant to Tentative Tract Map 97-02, on 34-acres located at the northerly
terminus of Whitewater Drive in the RR-A and RR-C zones, as shown on the plans dated
July 29, 2002, subject to the following conditions:
A. Approval of DR 02-09 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 the date of this approval, the applicant shall submit in writing that
all conditions of approval have been read and understood.
C. The conditions of DR 02-09 shall remain in effect for the life of the subject
residences and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
D. DR 02-09 is subject to all Conditions of Approval established for TTM 97-02 and
TTM 97-02 TE under City Council Resolution P-00-57 and Resolution P-02-43.
E. Prior to construction the applicant shall obtain a Building Permit. Prior to issuance
of a Building Permit, the applicant shall comply with the following:
1. The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the conditions contained herein.
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. Rough grading approval shall be obtained subject to compliance with the
following:
a. Grading of the project shall be in substantial conformance with the
approved development plan and in accordance with the Uniform Building
Code, City Grading Ordinance, City Storm Water Management and
Discharge Control Ordinance, and Drainage and Watercourses
Ordinance.
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b. A drainage system capable of handling and dìsposing of all surface water
originating within the subdivision and all surface water that may flow onto
the subdivision from adjacent lands shall be constructed.
c. Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from October 15th to April 15th. An erosion
control plan shall be prepared by the project civil engineer and shall be
submitted as part of the grading plan. The applicant/developer shall
make provisions to insure proper maintenance of all erosion control
devices.
d. The Storm Water Pollution Prevention Plan (SWPPP) shall be submitted
with the precise grading plans. The SWPPP shall provide the erosion,
sedimentation and pollution control measures to be used during
construction.
e. A Right-of-Way Permit shall be obtained from the Engineering Division of
the Development Services Department for any work to be done in public
street rights-of-way or City-held easements.
4. Building plans for the project shall be modified to reflect the changes noted
below:
a. Clearly identify the front property lines for each lot. Each structure shall
comply with adopted setbacks of the RR-C zone.
b. The limits of the required riparian open space easement area as identified
by the project biologist and engineer shall be modified to include the top
of the creek banks in addition to the riparian vegetation. The required 65-
foot modified "no building" setback shall be clearly noted on the plan for
Lots 5, 6, 7, 8 and 9.
c. The 25-foot "no development (no grading, improvements or construction)"
setback required between the building pads on Lots 5, 6, 7, 8, and 9 and
the riparian open space easement area required with TTM 97-02 shall be
clearly noted on the project site plans.
5. The exterior building colors shall be muted earth tones. White and light, off-
white exterior building colors are not permitted. Building plans shall depict
the specific exterior building colors and materials that are consistent with the
project plans dated July 29, 2002, and the project materials sample board as
modified to reflect muted earth tone colors.
6. The locations of any new utility boxes over 3 feet in height shall be noted on
the plans, and screening shall be provided to the satisfaction ofthe Director
of Development Services.
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7. Affordable housing in-lieu fees, pursuant to Section 17.26.100 of the Poway
Municipal Code, shall be paid prior to the issuance of a Building Permit for
each lot.
8. 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, extension 2089.
9. The maximum height of any wall or fence shall not exceed the height
limitations identified in the Poway Municipal Code Section 17.08.240.
10. A guesthouse is proposed on both Lots 1 and 5. A deed covenant shall be
recorded on Lots 1 and 5 to the satisfaction of the Director of Development
Services. The deed covenant shall restrict complete kitchen facilities from
being installed in the guesthouse and shall prohibit each guesthouse from
being rented or leased.
11. Submit landscape and irrigation plans to the Planning Division for review and
approval. A landscape plan check review fee is required at the time of initial
submittal of the plans. The plans shall be prepared pursuant to the City of
Poway Guide to Landscape Requirements. The plans should address the
following:
a. All created and existing slopes of 5:1 or greater shall be planted and
irrigated with a varied palate of trees, shrubs and ground cover.
b. Street trees shall be provided in accordance with requirements listed in
the City of Poway Guide to Landscape Requirements.
c. The Brush Management Plan required for the project shall be
incorporated into the landscape documents.
12. The following improvements shall be constructed to the satisfaction of the
City Fire Marshal:
a. 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.
b. 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.
c. Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
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d. The access roadway shall 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.
e. A residential fire sprinkler system with a one-inch meter will be required
for each residence and garage. A fire sprinkler system will also be
required in the guesthouses of Lots 1 and 5. 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).
f. The applicant shall comply with the City of Poway Guide to Landscape
Maintenance as it relates to fuel management zones.
13. The following improvements shall be completed to the satisfaction of the City
Engineer:
a. Recordation of the final map for Tentative Tract Map 97-02 (TTM 97-02).
b. A photomylar copy of the recorded final map shall be provided to the City
within 30 days from final map recordation or issuance of Building Permit,
whichever is first.
c. Completion of and approval by the City of rough grading of the project
site.
d. Completion of the construction of public improvements, except for the
final lift of AC pavement to the public street/s, of which shall be completed
until construction activity is substantially completed to the satisfaction of
the City.
e. City approval of soils compaction report.
f. City approval of a certification of line and grade.
g. Payment of development fees to the City, unless other payee is indicated.
The fees and the corresponding amounts are as follows and are subject
to change without further notice. The amounts to be paid shall be those
in effect at time of payment.
Water base capacity fee (Resolution No. 91-123)
For 0/4 meter = $3,710.00 per meter per lot
Other meter sizes = Contact Engineering Division
Water meter fee (Resolution No. 91-123)
For 0/'" meter = $ 130.00 per meter per lot
Other meter sizes = Contact Engineering Division
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SDCWA capacity charge - To be paid by separate check, payable
to San Diego County Water Authority.
For 0/." meter = $2,004.00 per meter per lot
Other meter sizes = Contact Engineering Division
Sewer connection fee = $16,963.20 (represents 80% of the
payment for 9 EDU's)(See LOA # 272).
9 lots X $2,356 X 0.80 = $16,963.20
Sewer cleanout fee = $50.00 per cleanout per lot
Sewer clean out inspection fee = $25.00 per cleanout per lot
Traffic mitigation fee = $8,910.00
Traffic mitigation fee = $990.00 x 9 lots = $8,910.00
Drainage fee = $10,800.00
Drainage fee = $1,200.00 x 9 lots = $10,800.00
Park fee = $24,480.00
Park fee = $2,720.00 x 9 lots = $24,480.00
F. Prior to the City's approval for occupancy and release of securities, unless other
timing is indicated, the following conditions shall be satisfied:
1. Completion of public improvements.
2. City approval of record drawings of the grading and improvement plans.
3. Posting of a warranty bond for the public improvements.
4. Grading securities shall be released only upon completion of the project and
upon City approval of the record drawings of the grading plans.
5. Performance securities for public improvements, if posted and separate from
the grading securities, shall only be reduced twice before completion of
improvements.
6. Payment securities and remaining performance securities, if any, shall be
released no sooner than 90 days after City's acceptance of improvements,
posting of warranty security, and approval of record drawings.
7, Prior to grant of occupancy of a residence on Lots 1 through 9 ofTTM 97-02,
all conditions of approval listed in Resolution No. P-00-57 shall be completed.
Resolution No. P-
Page 7
8. All required brush management and street tree landscaping and irrigation
shall be installed prior to grant of occupancy of the first residence of the
project. Landscaping and irrigation of 5: 1 or greater slopes on individual lots
shall be completed and approved prior to grant of occupancy of said lot.
9. The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the conditions contained herein.
A final inspection from the appropriate City Departments will be required.
Section 5: The approval of DR 02-09 shall expire on September 17, 2004, at 5:00 p.m.
unless, prior to that time, a Building Permit has been issued for at least one of the lots and
construction on the property in reliance on the Development Review Permit has
commenced prior to its expiration.
Section 6: Pursuant to Government Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on September 17, 2002.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 17th day of September 2002.
ATTEST:
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Lor Anne Peoples, City lerk
Resolution No. P-02-56
Page 8
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-02-56, was duly adopted by the City
Council at a meeting of said City Council held on the 17th day of September 2002, and that
it was so adopted by the following vote:
AYES: EMERY, GOLD BY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~. t ON-JwJ) ~Qø £) OtJ./L
[ri nne Peoples, City Clerk'
City of Poway