Res P-02-71
RESOLUTION NO. P-02-71
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW 02-71
ASSESSOR'S PARCEL NUMBER 278-240-21
WHEREAS, MDRA 02-71 submitted by Hector Salgado, Applicant, requests the
approval of a Minor Development Review Application to construct a 3,456-square-foot
single-family residence and an attached 1,728-square-foot, 6-car garage located at the
southeast corner of Eastvale Road and Canyon Pass on a 2.52-acre parcel. The property
is zoned Rural Residential B and located within the Hillside/Ridgeline Review Area; and
WHEREAS, on November 19, 2002, the City Council held a public meeting to
consider the merits of the appeal request relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: The project, MDRA 02-71, is found to be Categorically Exempt under the
provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15303(a), Class 3, as it is the construction of a single-family residence in a residential zone
in an urbanized area.
Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal Code,
to approve Minor Development Review Application 02-71 to construct a 3,456-square-foot
single-family residence and an attached 1, 738-square-foot six-car garage at the southeast
corner of Eastvale Road and Canyon Pass.
A. That the home and garage have been sited to minimize landform alteration and
conforms to City zoning and grading standards. Therefore, the proposed use
respects the interdependence of land values and aesthetics to the benefit of the
City; and
B. That the approved project will not have an adverse affect on the aesthetics, health,
safety, or architecturally related impact upon adjoining properties, as the residence
is consistent with surrounding residences. Therefore, the proposed design, size,
and scale of the proposed addition 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 necessary for the new residence; and
D. That the approved development encourages the orderly and harmonious
appearance of structures and property within the City as the neighboring properties
Resolution No. P-02-71
Page 2
consist of rural residential estate lots with similarly spaced home sites. The project
has been designed to minimize impacts on the surrounding community by utilizing a
low profile architectural design and earth-toned wall and roof materials. Therefore,
the proposed development respects the public concerns for the aesthetics of
development; and
E. That the proposed use will not be detrimental to the public health, safety or welfare,
or materially injurious to properties or improvements in the vicinity nor be contrary to
the adopted General Plan because it will meet all development requirements; and
F. That the proposed development will comply with each of the applicable provisions of
the Zoning Ordinance and the General Plan.
G. All construction activity on the project site, including equipment preparation (I.e.,
warming up engines), shall be limited to the hours of 7:00 am. to 6:00 p.m. Monday
through Saturdays. Grading activities, including equipment preparation, shall be
limited to Monday through Fridays from 7:00 a.m. to 6:00 p.m.
H. Pursuant to Section 17.08.230 of the Poway Municipal Code, the applicant shall
note on the plans submitted for Building Permit that all exterior lighting will be
screened or shielded from surrounding properties and streets to the satisfaction of
the Director of Development Services.
I. The contractor shall provide adequate parking on site in order to limit the amount of
parking on the Eastvale Road. In all cases, parking for construction activities shall
be limited to the north side of Canyon Pass.
J. The contractor shall maintain a trash receptacle on site at all times and shall ensure
that the trash is collected and disposed of on a regular basis and that the receptacle
is periodically emptied and is not permitted to overflow on site.
Section 3: The findings, pursuant to Government Code Section 66020 for the public
improvements, are needed as a result of the proposed development to protect the public
health, safety, and welfare are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project. The construction of public
improvements is needed as a result of the proposed development to protect the
public health, safety, and welfare as identified below:
1. In accordance with the Poway General Plan, the project requires the
payment of drainage, park, affordable housing, and traffic, 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.
Resolution No. P-02-71
Page 3
Section 4: The City Council hereby approves Minor Development Review 02-71, to allow
the construction of a 3,456-square-foot single-family residence and an attached 1,728-
square-foot six-car garage on a property located at the southeast corner of Eastvale Road
and Canyon Pass per plans on file with the Planning Division dated September 19, 2002,
subject to the following conditions:
A. Approval of this MDRA request shall apply to the subject project and shall not waive
compliance with all sections of the Zoning Ordinance and all other applicable City
ordinances in effect at the time of building permit issuance.
B. Within 30 days of approval, the applicant shall submit in writing that all conditions of
approval have been read and understood.
C. The conditions of MDRA 02-71 shall remain in effect for the life of the subject
residence and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
D. Prior to grading the applicant shall obtain a Grading Permit. Prior to issuance of a
Grading Permit, the applicant shall comply with the following:
1. A grading plan for the development of the lot, prepared on a City of Poway
standard mylar at a scale of 1"=20', shall be submitted along with a grading
permit application and applicable fees to the Development Services
Department-Engineering Division for review and approval. A grading plan
submittal checklist is available at the Engineering Division front counter. At a
minimum, the grading plans shall show the following:
a. All new slopes with a maximum 2: 1 (horizontal to vertical) slope. Tops
and toes of graded slopes shall be shown with a minimum 5-foot
setback from open space areas and property lines. Buildings shall be
located at least 5 feet from tops and toes of slopes, unless waived by
the Planning Division and/or Engineering Division 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 runoff
during construction.
d. All utilities (proposed and existing), together with the appurtenances
and any easements. Encroachments are not permitted upon any
easement without an approved encroachment agreement/permit.
Resolution No. P-02-71
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e. Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work. Screening of utility boxes shall be to the satisfaction
of the Director of Development Services.
f. Location and number of avocado trees to be removed to provide for
building pad.
g. Location and limits of fuel management zone.
h. Retaining walls with top and bottom wall elevations. Retaining wall
types not identified as a San Diego County Regional Standard type
will require a separate building plan check through the Engineering
Division as part of the grading plan check.
2. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work. The report shall be submitted with
the grading plan. The report shall address stability of slopes steeper than
2:1.
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. To insure compliance with the Clean Water Act, The applicant shall prepare a
Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses
the elimination of non-storm runoff into the storm drain system. The SWPPP
shall include, but not be limited to, an effective method of hillside erosion and
sediment control, a desiltation basin that have capacity of 3,600 cubic feet of
storage per acre drained, or designed to remove fine silt for a 1 O-year, 6-hour
storm event, a material storage site, measures to protect construction
material from being exposed to storm runoff, protection of all storm drain
inlets, on-site concrete truck wash and waste control, and other means of
Best Management Practices to effectively eliminate pollutants from entering
the storm drain system. The applicant shall certify the SWPPP prior to
approval of the grading and improvement plans. The SWPPP may be
incorporated with the erosion control plan, but shall be under separate cover
from the grading and improvement plans.
5. The applicant shall pay all applicable engineering; plan checking, permit, and
inspection fees.
Resolution No. P-02-71
Page 5
6. 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 $2,000 cash security is required.
7. Should there be a need for a new fire hydrant, the applicant shall provide the
fee of $1,250 to the City for a water system analysis to establish the proper
size and location of the public water system. If a hydrant is required, the
applicant shall submit improvement plans, along with plan check and
inspection costs for this improvement.
8. Leach field layout or seepage pit layout for the sewage disposal system shall
be submitted to the City's Development Services Department for review and
approval by the City Engineer prior to obtaining a septic system installation
permit from the County of San Diego Department of Health. If a septic
system installation permit had already been obtained, a layout plan shall be
submitted to the City for review prior to installation of leach lines
9. A landscape/irrigation plan in accordance with the applicable requirement of
the City of Poway Guide to Landscape Requirements shall be submitted and
approved by the Director of Development Services. Said plan shall include
landscaping for all manufacture and disturbed slopes greater than 5:1 slope
and for Fire management Zones. In accordance with said requirements, and
the Poway General Plan requirement for hillside development, the
landscaping shall utilize materials and similar in appearance to the existing
native vegetation. The plan shall include trees and shrubs to provide visual
relief of the retaining walls and buildings to the satisfaction of the Director of
Development Services.
10. A $525.00 plan check fee/deposit is required with the landscape plan
submittal package.
E. 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.
Resolution No. P-02-71
Page 6
3. Construction staking shall be installed by the owner and inspected by the
Engineering Inspector prior to any clearing, grubbing, or grading. As a
minimum, all protected areas as shown on the project plans are to be staked
by a licensed surveyor and delineated with lathe and ribbon. 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.
4. 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.
5. Construction staking in accordance with the approved grading plans shall be
maintained.
F. 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 building plans shall be consistent with the approved site plans and
elevations dated September 19, 2002, on file in the Development Services
Department, except as modified by the conditions herein.
2. School impact fees shall be paid at the rate established at the time of building
permit issuance. Please contact the Poway Unified School District for
additional information at (858) 748-0010, ext. 2089.
3. The building plans shall depict the approved exterior materials and colors
consistent with the colored rendering reflecting the proposed colors and
exterior building materials.
4. Prior to delivery of combustible building materials, onsite water and sewer
systems shall satisfactorily pass all required tests and be connected to the
public water and sewer systems.
5. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
6. The maximum height of any fence or wall shall not exceed 6 feet. Any walls
proposed shall be reflected on grading plans and shall be of decorative block
or stucco finish consistent with the exterior of proposed residence. A color
sample of proposed walls and fences shall be submitted to the Planning
Division for review and approval.
Resolution No. P-02-71
Page 7
7. If a grading permit is required, rough grading of the lot is to be completed and
must meet the approval of the City Inspector and shall include submittal of
the following:
a. A certification of line and grade for each lot, prepared by the engineer
of work.
b. A final soil compaction report for each lot for review and approval by
the City.
8. Prior to start of any work within City-held easements or right-of-way, a Right-
of-Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid priorto
permit issuance.
9. 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 $6,678 $3,206 $1,430
'If a 1" meter is required for fire safety only, %" meter fees for expansion and
SDCWA will be applicable
Sewer Septic System
Traffic Mitigation = $990
Park = $2,720
Drainage = $1,570
10. An affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be paid
prior to building permit issuance.
11. The applicant shall submit in writing a Best Management Practices Plan that
identifies how the construction site will comply with the Jurisdictional Urban
Runoff Management Plan (JURMP). Prior to issuance of a Building Permit
the plan shall receive City approval and a copy shall be kept on the
construction site. During construction, the plan shall be implemented by the
applicant.
G. The applicant shall comply with the following conditions prior to occupancy:
Resolution No. P-02-71
Page 8
1. Improvements to 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.
2. An adequate drainage system around the building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector.
3. All proposed utilities within the project site shall be installed underground.
4. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
16.52.130B of the Grading Ordinance. Record drawings shall be submitted
in a manner to allow the City adequate time for review and approval prior to
issuance of occupancy and release of grading securities.
5. The developer shall repair, to the satisfaction of the City Engineer, any and
all damages to the public or private road improvements caused by
construction activity from this project.
6. A private street maintenance agreement, in a form acceptable to the City
Attorney, shall be recorded, for the stretch of Eastvale Road between the
public terminus of the road and the driveway of the subject property.
H. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. Roof covering shall be fire retardant as per UBC Section 1503 and 1504,
UBC Standard 15-2 and City of Poway Ordinance No. 64 and its amended
Ordinance No. 526.
2. Approved numbers or addresses measuring 4 to 6 inches in height shall be
placed on the building in such a position as to be plainly visible and legible
from the street fronting the property. Said numbers shall contrast with their
background. Address shall be required at private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained with
a spark arrester.
4. 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 Fire Marshal.
Resolution No. P-02-71
Page 9
5. A residential fire sprinkler system with a one-inch meter will be required for
residence and any future guesthouse or accessory structures. 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.)
6. The applicant shall comply with the City of Poway Guide to Landscape
Maintenance as it relates to Fuel Management Zones. A 100-foot fuel
management zone will be required.
Section 5: This Minor Development Review Application 02-71 shall expire on November
19,2004, at 5:00 p.m. unless a Building Permit has been issued and construction or use of
the property in reliance on this permit has commenced prior to its expiration.
Section 6: Pursuant to Government Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on November 19,2002.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 19th day of November 2002.
Michael p, Cafagna, Mayor
ATTEST:
Sherrie D. Worrell, Deputy City Clerk
Resolution No. P-02-71
Page 9
5. A residential fire sprinkler system with a one-inch meter will be required for
residence and any future guesthouse or accessory structures. 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.)
6. The applicant shall comply with the City of Poway Guide to Landscape
Maintenance as it relates to Fuel Management Zones. A 100-foot fuel
management zone will be required.
Section 5: This Minor Development Review Application 02-71 shall expire on November
19, 2004, at 5:00 p.m. unless a Building Permit has been issued and construction or use of
the property in reliance on this permit has commenced prior to its expiration.
Section 6: Pursuant to Government Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on November 19, 2002.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 19th day of November 2002.
ATTEST:
~jl;'~
Sherrie D. Worrell, Deputy City Clerk
Resolution No. P-02-71
Page 10
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sherrie D, Worrell, Deputy City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P-02-71 , was duly adopted by the
City Council at a meeting of said City Council held on the 19th day of November 2002, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~ ~l)Jl)U) 00
Sherrie D. Worrell, Deputy City Clerk
City of Poway