Res P-04-14
RESOLUTION NO. P-04-I4
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 03-88
ASSESSOR'S PARCEL NUMBER 278-240-23
WHEREAS, Minor Development Review Application (MDRA) 03-88 submitted by Don
Patch, Applicant, requests approval to allow the construction of a 6,300-square-foot, 2-story,
single-family residence, measuring a maximum of 30 feet in height, and an attached 660-
square-foot garage, on a 2.01-acre property located at 15214 Eastvale Road. The property
is zoned Rural Residential B2 (RR-B2) and located within the Hillside/Ridgeline Review
Area; and
WHEREAS, on February 17, 2004, the City Council held a public meeting 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, MDRA 03-88, is found to be Categorically Exempt from the
California Environmental 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.
Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal Code,
to approve MDRA 03-88 to construct a 6,300-square-foot, 2-story, single-family residence,
measuring a maximum of 30 feet in height, and an attached 660-square-foot garage, on a
2.01-acre property located at 15214 Eastvale Road, are as follows:
A. That the home and garage 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 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 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
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D. 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 3: The findings, pursuant to Government Code Section 66020 for the public
improvements, 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 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 4: The City Council hereby approves MDRA 03-88, to allow the construction of a
6,300-square-foot, 2-story, single-family residence, measuring a maximum of 30 feet in
height, and an attached 660-square-foot car garage, on a 2.01-acre property located at
15214 Eastvale Road, per site plans, grading plans, floor plans, and elevations on file with
the Planning Division dated December 15, 2003, 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 03-88 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.
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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) ratio. Tops
and toes of graded slopes shall be shown with a minimum 5-foot
setback from open space areas and property lines. Structures 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 AgreemenUPermit.
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. All utilities are required to be
undergrounded.
f. Fire Fuel Management Zones.
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
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include all easements required to properly handle the drainage. Concentrated
flows across driveways are not permitted.
4. Prior to issuance of a Grading or Building Permit, whichever occurs first, and if
construction of this project is to disturb one acre or more, the applicant shall
file with the State Regional Water Quality Control Board a Notice of Intent
(NOI) for coverage under the Statewide General Permit that covers storm
water discharges. Proof offiling ofthe 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
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 de-
silting 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. The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
7. 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 refundable security deposit is required for emergency
erosion and storm water pollution site clean-up if it becomes necessary,
regardless of whether a Grading Permit was required or not.
8. 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
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for erosion control can be provided using one or more of the following
guidelines:
a. Provide an on-site de-silting basin with a volume based on 3,600 cubic
feet per tributary acre drained.
b. Cover all flat areas with an 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 de-silting basin from
the pad.
9. Construction staking is to be installed 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.
10. 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.
11. 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 greaterthan
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.
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12. All slope plantings shall be installed, and automatic irrigation system
shall be installed and operational at time of final inspection.
13. 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 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.
14. Submit approval of septic system layout from the County Department of
Environmental Health. A leach field layout or seepage pit layout for the
residence sewage disposal system shall be submitted to the Engineering
Division for review and approval prior to obtaining a septic permit. If the permit
is obtained without a City approved layout, a copy shall be submitted prior to
installation ofthe leach lines. The septic system, including the leach filed, shall
be shown on the grading plan.
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 building plans shall be consistent with the approved site plans, grading
plans, floor plans and elevations dated December 15, 2003, on file in the
Development Services Department, except as modified by the conditions
herein.
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. 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.
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.
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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. 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
0/. 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, 0/." meter fees for expansion
and SDCWA will be applicable.
** To be paid by separate check made payable to the San Diego County
Water Authority.
Note: Water fees were previously assessed on this property for a one-inch
irrigation meter for agricultural usage. The applicant shall notify the City if this
existing meter is to be redesignated for domestic water purposed.
Traffic Mitigation = $ 990
Park = $2,720
Drainage = $1,570
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, ext. 2089.
9. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
10. 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 the proposed residence.
11. An Affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be paid
prior to Building Permit issuance.
12. Fire Fuel Management Zones shall be shown on Building Permit site plans.
13. All living quarters shall be equipped with low-flow plumbing fixtures.
F. The applicant shall comply with the following conditions prior to occupancy:
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1. 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. 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.
3. 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.
4. All proposed utilities within the project site shall be installed underground.
5. 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.
6. A private road maintenance agreement, in a form satisfactory to the City
Attorney, for maintenance of Eastvale Road between the public terminus of
Eastvale Road and the driveway to the subject property 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. A legal description and plat map
shall accompany the agreement.
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.
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.
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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 Chief.
5. A residential fire sprinkler system with a one-inch meter will be required. Plans
shall be submitted to the Fire Prevention Bureau for approval prior to
installation. (If a one-inch lateral off the street main is currently not present,
one will have to be installed.)
6. The applicant shall comply with the City of Poway Guide to Landscape
Maintenance as it relates to fire Fuel Management Zones.
Section 5: This MDRA 03-88 shall expire on February 17, 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 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 February 17, 2004.
PASSED, ADOPTED and APPROVED by the City Council ofthe City of B way, State
of California, this 17th day of February 2004.
ATTEST:
g,&' ~ Q^'~ ~
Lor Anne eoples, City C erk
Resolution No. P-04-14
Page 10
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- 04-14 , was duly adopted by
the City Council at a meeting of said City Council held on the 17th day of February 2004, and
that it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY