Res P-04-09
RESOLUTION NO. P-04-09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MORA) 03-43 FOR THE NODES RESIDENCE
ASSESSOR'S PARCEL NUMBERS 321-110-46 and 321-111-23
WHEREAS, MORA 03-43 submitted by Roger Mohling, Applicant, and Thomas
and Beverly Nodes, Owners, requests approval to allow the construction of an 8,683-
square-foot, two-story, single-family residence and an attached 1,258-square-foot
garage, a 2,388-square-foot detached workshop/barn building, and an approximately
600-square-foot second dwelling unit with a 400-square-foot attached garage, on a
25.13-acre property located at 15535 Westview Road. The property is zoned Rural
Residential A (RR-A) and located within the Hillside/Ridgeline Review Area; and
WHEREAS, on January 27, 2004, 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 project, MORA 03-43, is found to be Categorically Exempt from the
California Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuant to Section
15303 of the CEQA Guidelines, in that the project proposes the construction of a single-
family residence and accessory structures.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (HCP), a habitat
assessment was prepared by ERB Engineering, dated September 29, 2003, to identify
habitat impacts associated with the project. Project grading and implementation of fuel
management zones will impact Chaparral habitat as identified by the project biologist,
Vincent N. Scheidt, dated November 3, 1991 for TPM 91-11. The project, MDRA 03-43,
is found to be consistent with the 3-acre habitat disturbance allotted for the property,
excluding the development of "reasonable" roads, driveways, and leach fields, by the
approval of TPM 91-11, per Resolution P-92-63 adopted by the City Council on
November 10, 1992. This provision was established in agreement with the U.S. Fish
and Wildlife Agency per a letter from Gail C. Kobetich, Field Supervisor, dated June 6,
1995, prior to the City's adoption of the Poway Subarea Habitat Conservation Plan
(PSHCP) and is unique and separate from those of the PSHCP. Construction of the
project will result in approximately 118,148 square feet of grading for pad and cut/fill
slopes for the buildings and recreational courts, 15,278 square feet of leach field, and
an additional 48,939 square feet of thinning and/or removal of Chaparral for fire fuel
management. When the pre-disturbed areas and proposed driveway areas are
deducted from the total disturbance area as permitted by the approval of TPM 91-11, a
total 2.99 acres, are disturbed, consistent with the maximum 3-acre disturbance limit per
Resolution No. P-04-09
Page 2
TPM 91-11. As required by the approval of TPM 91-11 and in accordance with the
Revegetation Implementation and Monitoring Report, April 1994, prepared by GFH
Landscape Architecture, the applicant will be required to replant, maintain, and monitor
a total of approximately 1 acre within the dedicated open space Parcel A of TPM 91-11,
and the open space easements of Parcel 3 of TPM 91-11 that have been destroyed due
to off-road activities. Because the property has recently burned and therefore making
revegetation of separate areas inappropriate, the revegetation requirement may be
modified to the satisfaction of the Director of Development Services and following
consultation with the U.S. Fish and Wildlife Agency. In accordance with the Poway
Subarea Habitat Conservation Plan (PSHCP), the required findings for approval of the
proposed mitigation for the removal of habitat for construction of a single-family house
and detached garage are as follows:
A. The project site is within the Mitigation Area of the PSHCP. The mitigation is
consistent with and furthers the implementing objectives of the PSHCP in that the
removal of 3.0 acres of Chaparral has been mitigated at approximately 3:1 ratio.
The mitigation was satisfied in connection with the dedication of approximately
30.1 acres of open space as a result of TPM 91-11 consisting of an open space
easement lot and open space easements. Two open space easements totaling
approximately 6.4 acres exist on the property. Per the conditions of approval, the
applicant is required to convert these easements to a Biological Conservation
Easement and is required to revegetate, maintain, and monitor approximately 1
acre of destroyed habitat in accordance with the Revegetation Implementation
and Monitoring Report, April 1994, prepared by GFH Landscape Architecture as
deemed appropriate by the Director of Development Services and following
consultation with the U.S. Fish and Wildlife Service.
B. The mitigation habitat is located within the Mitigation Area and PRPA of the
PSHCP to enhance the long-term viability and function of the preserve system in
that the mitigation has been accomplished through previous dedication of 30.1
acres of open space in connection with TPM 91-11 of which 6.4 acres of on-site
habitat will be placed in a Biological Conservation Easement.
C. The mitigation will provide long-term benefit of the covered species and their
habitats in that the dedication of a Conservation Easement over undisturbed
habitat will promote a meaningful addition to the assembly of a viable regional
system of interconnected natural habitat resources, habitat linkages, buffers and
wildlife corridors.
D. The mitigation will foster the incremental implementation of the PSHCP in an
effective and efficient manner in that the Biological Conservation Easement is
contiguous with other dedicated open space lands to the southeast, on parcel
321-111-22.
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E. The mitigation will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP in that the subject mitigation area will
be placed in a recorded conservation easement paid and maintained by the
applicant. Therefore, such dedication will not result in a fiscal impact.
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal
Code, to approve Minor Development Review Application 03-43 to construct an 8,683-
square-foot, two-story, single-family residence with an attached 1,258-square-foot
garage, a 2,388-square-foot detached workshop/barn/ building, and an approximately
600-square-foot second dwelling unit with a 400-square foot garage, on a 25.13-acre
property located at 15535 Westview Road, are as follows:
A. That the home, garages, second dwelling unit, workshop/barn building,
recreational courts and associated structures have been sited to minimize
landform alteration and conform 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 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 Application 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 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.
Section 4: 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:
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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 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 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 5: The City Council hereby approves Minor Development Review Application
03-43, to allow the construction of an 8,683-square-foot, two-story, single-family
residence with an attached 1,258-square-foot garage, a 2,388-square-foot detached
workshop/barn building, and an approximately 600-square-foot second dwelling unit
with a 400-square-foot garage, on a 25.13-acre property located at 15535 Westview
Road per project site plans and grading plans on file with the Planning Division dated
September 10, 2003, floor plans and elevations for the main residence dated May 5,
2003, and floor plan and elevations for the barn/workshop and second dwelling unit
dated September 10, 2003, and revised tower element plans dated October 23,2003,
subject to the following conditions:
A. Approval of this MORA 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 MORA 03-43 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:
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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.
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. Top and bottom elevations of all retaining and freestanding walls
and fencing.
g. The improvement of the private access road between Westview
Road and the driveway to the subject parcel. The minimum private
road width shall be 20 feet. The improvements to the road shall
comply with City of Poway standards for non-dedicated rural
streets, per Municipal Code Section 12.20.120.
h. Fuel Management Zones.
i. Water tank location.
j. Leach field location.
k. Trenching for utilities.
I. The play field shall maintain a 1 a-foot setback from the rear and
side property lines if fencing exceeding 6 feet in height is proposed
around the play field, and not to exceed 10 feet in height.
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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.
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 drainage design for the subject project shall demonstrate compliance
with the City's Standard Urban Stormwater Mitigation Plan (SUSMP)
ordinance due to hillside development greater than 5,000 square feet.
5. Prior to issuance of a grading permit, and 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 10-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 engineer shall certify
the SWPPP prior to issuance of a grading or building permit.
6. 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
Resolution No. P-04-09
Page 7
7. The applicant shall pay all applicable engineering; plan checking, permit,
and inspection fees.
8. Grading securities in the form of a performance bond and a cash deposit,
or letter of credit, shall be posted with the City prior to grading plan
approval. A minimum $2,000 cash security is required.
9. 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.
10. A landscape/irrigation plan for slopes over 5:1 and Fire Fuel Management
Zones, in accordance with the applicable requirements of the City of
Poway Guide to Landscape Requirements, shall be submitted to and
approved by the Director of Development Services. Said plan shall show
the following:
a. Irrigation, and sizes and species for:
i. Landscaping all manufactured and disturbed slopes greater
than a 5:1 slope;
ii. The fire fuel management zones.
b. In accordance with said requirements, and the Poway General Plan
requirement for hillside development, the landscaping shall utilize
materials similar in appearance to the existing native vegetation.
c. Trees shall be planted at the rate of one tree per 750 square feet of
slope area and shrubs shall be planted at the rate of one shrub per
100 square feet of slope area. Groundcover shall be hydroseeded,
or hand planted cuttings appropriately spaced to eventually control
soil erosion.
d. Plant materials shall visually blend in with the surrounding native
vegetation.
e. Dense screening landscaping shall be installed so as to soften the
appearance of the tennis court fencing.
11. Construction activity on the project site, including equipment preparation
(i.e.: warming up engines), shall be limited to the hours of 7:00 a.m. to
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7:00 p.m. Monday through Saturday. Grading activities, including
equipment preparation, shall be limited to the hours of 7:00 a.m. to 7:00
p.m. Monday through Friday.
12. Project grading and habitat removal shall not exceed 3.0 acres per
conditions of approval of TPM 91-11. The engineer shall certify that the
proposed project does not exceed that limit.
13. In accordance with Condition H of the poway HCP 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 (USFWS) are implemented.
There is no guarantee that grading will be allowed to resume.
a. Before issuance of a Clearing/Grading Permit, 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 a CSS habitat
and Gnatcatcher Survey, and a 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 Gnatcatchers 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 Gnatcatchers Recovery Permit from the U. S. Fish and
Wildlife Service (USFWS).
b. The scope of work shall explain the survey methodology for the
biological survey and the proposed Gnatcatchers nest monitoring
activities during the clearing/grading operation.
c. 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.
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d. 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.
14. 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 Gnatcatchers
nest(s) exists or is being built. Weekly monitoring summaries shall be
submitted to the Planning Division. Should evidence of a Gnatcatchers
nest(s) be discovered, the grading operation shall cease in that area and
be directed away from the Gnatcatchers 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 be required to 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.
15. 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 Gnatcatchers
nests were present during clearing and grading activities within the area
and any habitat within 500 feet of said area.
16. 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 stake in
accordance with the approved project plans.
17. 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. A fence between the approved development area of the parcel and the
Biological Conservation Easement area shall be installed and maintained
to protect in perpetuity the conservation values and function of the
property. The type of fencing may also include posts and markers. The
applicant shall obtain approval by the Director of Development Services
regarding the specific location, type and height of the fence prior to its
installation.
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Page 10
19. Consistent with current Poway Subarea Habitat Conservation Plan
policies, a Biological Conservation Easement shall be recorded over the
existing on-site open space easements. The applicant's Engineer shall
provide a plat map and legal description showing the Biological
Conservation Easement area. The plat map submitted shall be an
original, and shall be stamped and signed by the Engineer. Separate plan
check fees will be required for review of this easement. The signed and
notarized Biological Conservation Easement document shall be returned
to the City, for review and approval, then to be recorded with the County of
San Diego. The applicable review fees and fees for the recordation shall
be submitted by the applicant.
20. 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.
21. The site shall be developed in accordance with the approved site plans
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.
22. 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.
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:
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1. The site shall be developed in accordance with site plans and grading
plans on file with the Planning Division dated September 10, 2003, floor
plans and elevations for the main residence dated May 5, 2003, and floor
plan and elevations for the barn/workshop and second dwelling unit dated
September 10, 2003, and revised tower element plans dated October 23,
2003, except as modified by the conditions herein. The site shall also be
developed in accordance with the approval on file for TPM 91-11 (Parcel
Map 17458) in the Development Services Department. The grading of the
lot 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.
3. Pursuant to Section 17.30.020.E of the Poway Municipal Code, the
building plans shall depict, to the satisfaction of the Director of
Development Services, that the recreational court fencing and support
posts will be painted a dark non-reflective color so as to reduce their
overall visibility. Vinyl-coated chain link fencing is acceptable.
4. 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 prepared by the engineer of work.
b. A final soil compaction report for review and approval by the City.
5. A $2,000 erosion control cash security shall be posted with the City.
6. Prior to start of any work within City-held easements or rights-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.
7. Leach field layout or seepage pit layout for the residence sewage disposal
system shall be submitted to the City's Engineering Services Division for
review and approval prior to obtaining a septic system installation. If a
permit is obtained without a City approved layout, a copy shall be
submitted prior to installation of leach lines. Leach field and septic system
shall be shown on grading plan prior to issuance of grading plan approval.
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8. Prior to delivery of combustible building materials, the on-site water
system shall satisfactorily pass all required tests and be fully operational.
9. The following development fees shall be paid to the Engineering Services
Department prior to Building Permit issuance for the main residence.
These fees are currently in effect and are subject to change.
Water: Serviced by a private well
Sewer: Serviced by a septic system
Traffic Mitigation = $ 990
Park = $2,720
Drainage = $1,500
10. The following development fees shall be paid to the Engineering Services
Department prior to Building Permit issuance for the second dwelling unit.
These fees are currently in effect and are subject to change.
Water: Serviced by a private well
Sewer: Serviced by a septic system
Traffic Mitigation = $ 990
Park = $2,720
Drainage = $1,500
11. 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.
Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
12. A deed restriction shall be notarized and recorded with the County of San
Diego stating that either the main residence or the second dwelling unit
must be occupied by the owner of the property at all times that either unit
is held out for rent. The applicant shall submit an original, notarized deed
restriction to the City of Poway Planning Division with the appropriate
recordation fee for filing with the County of San Diego.
13. An Affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be
paid prior to Building Permit issuance for the main residence and $2,500
shall be paid prior to Building Permit Issuance for the second dwelling unit.
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14. The approved Fire Fuel Management Zones shall be shown on Building
Permit site plans.
15. Recreational Court conditions: The maximum height of any fencing
around sports courts shall not exceed 10 feet. Fence/wall height is
measured from the finished grade of the court surface. Said fencing shall
consist of black vinyl coated chain link fence material.
16. The maximum height of a fence or wall other than sports court fencing on
the property 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.
17. As required by the approval of TPM 91-11, the applicant shall replant,
maintain, and monitor approximately 1 acre within dedicated open space
areas for TPM 91-11 that was destroyed due to off-road activities in
accordance with the Revegetation Implementation and Monitoring Report,
prepared by GFH Landscape Architecture, April 1994. Because the
vegetation on the property burned during the recent Cedar Wildfire, the
revegetation requirement may be modified to the satisfaction of the
Director of Development Services, if the applicant in consultation with the
U.S. Fish and Wildlife Agency demonstrates that the replanting of these
areas is no longer appropriate.
F. The applicant shall comply with the following conditions prior to occupancy:
1. Private road improvements, driveway, drainage facilities, slope
landscaping and protection measures, and all utilities shall be constructed,
completed, and inspected by the Engineering Inspector.
2. A private road construction and maintenance agreement, in a form
satisfactory to the City Attorney, for the private road (Easement B on
Parcel Map 17458) between the proposed driveway to the subject
property and Westview Road shall be executed by the owners. Said
agreement is to comply with Ordinance No. 280, and City of Poway
Municipal Code Section 12.20.060. Note: A private road maintenance
agreement for Westview Road from Running Deer Trail to aforementioned
easement was previously executed and recorded for the property.
3. 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
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agreement is to comply with Ordinance No. 569, City of Poway Code
Section 16.108.020.
4. 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.
5. The applicant shall repair any and all damages to the streets caused by
construction activity from this project, to the satisfaction of the City
Engineer.
6. All proposed utilities within the project site shall be installed underground.
All existing utilities within the project site shall be installed underground
unless an underground waiver application is submitted and approved by
the Development Services Director.
7. 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.
8. In accordance with Municipal Code Section 12.20.060, a private road
maintenance agreement, in a form satisfactory to the City Attorney, shall
be executed by the property owner. The applicant shall provide to the City
a legal description and plat map for this agreement.
9. Installation of landscaping in accordance with the approved landscape
plans. The required landscaping has been installed between the tennis
court fence and the property line, and said landscaping shall be
maintained in a flourishing manner, to the satisfaction of the Director of
Development Services. An automatic irrigation system shall be installed
and operational at time of final inspection.
G. 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.
Resolution No. P-04-09
Page 15
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. Dead end access roadways in excess of 150 feet long shall provide
provisions for the turning around of Fire Department apparatus. Curves
and topographical conditions could alter the requirements for turnarounds
and the width of access ways.
5. This dwelling is being built on a parcel size of 25 acres and is beyond the
500 feet maximum from the nearest fire hydrant. The dwelling will have to
have standby water for firefighting and a residential sprinkler system.
Contact the Fire Prevention Bureau for details.
6. A residential fire sprinkler system with a one-inch meter will be required for
primary residence, attached garage and future second dwelling unit.
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. The applicant shall comply with the City of Poway Guide to Landscape
Maintenance as it relates to fire fuel management zones.
8. A minimum 20,000 gallons of water with a fire department connection for
fire protection purposes. Contact the Fire Prevention Bureau for location
of water tank(s) and fire department connection.
9. An electric powered gate across access way to residence shall have a
Knox override key switch that shall be ordered through the Poway Fire
Department.
Section 6: This Minor Development Review Application 03-43 shall expire on January
27, 2006, 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 7: 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 January 27,2004.
Resolution No. P-04-09
Page 16
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 27th day of January 2004.
ATTEST:
Q~ ()~ \>Þ~4
ori nne Peoples, City C 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- 04-09 , was duly adopted by
the City Council at a meeting of said City Council held on the 27th day of January 2004,
and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, CAFAGNA
NOES: REXFORD
ABSTAIN: NONE
ABSENT: NONE