Res P-04-41
RESOLUTION NO. P-04-41
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 04-04 AND
MINOR DEVELOPMENT REVIEW APPLICATION 00-88
ASSESSOR'S PARCEL NUMBER 275-240-66
WHEREAS, Variance 04-04 and Minor Development Review Application 00-88,
submitted by Kevin and Denise Hartnett, Applicant, requests approval of a Variance and
Minor Development Review Application for a 8,016-square-foot, single-family residence
including two attached garages. The approval includes a reduction of the front yard
setback from 40 feet to 20 feet to allow a portion of an 873-square-foot garage to
encroach into the setback. The subject property is located in the Rural Residential C
(RR-C) zone at 12893 Glen Circle Road; and
WHEREAS, on June 22, 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, the City Council does hereby resolve as follows:
Section 1: The proposed project is Categorically Exempt as a Class 3 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15303 of the CEQA Guidelines, in that the project proposes the construction of a single-
family residence. The project is also Categorically Exempt as a Class 5 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15305 of the CEQA Guidelines, in that the project involves a minor alteration in land use
limitations on a single-family property.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (HCP), a California
Gnatcatcher Biological survey dated October 4, 2000, was completed by TeraCor
Resource Management, and an additional Gnatcatcher Biological Survey, dated
December 10, 2003, was completed on the property by Robin Church Biological
Consulting. Project grading will impact 1.47 acres of Coastal Sage Scrub
(CSS)/Chaparral habitat. No sensitive species were identified on the property. In
accordance with the Poway HCP, the required findings for approval of the proposed
mitigation for the removal of habitat for Variance 04-04 and MDRA 00-88 are as follows:
A. The project site is within the Mitigation Area of the Poway HCP. The mitigation is
consistent with and furthers the removal of 1.47 acres of Coastal Sage Scrub
(CSS)/Chaparral habitat at a 2:1 ratio for 0.53 acres of CSS and 1:1 for the 0.94
acres of Chaparral removed, through either the off-site dedication of a biological
conservation easement preserving a minimum of 1.06 acres of CSS and 0.94
acres of Chaparral, or 2.0 acres of comparable undisturbed and unencumbered
habitat of equal or greater value within the mitigation area of the Poway HCP or
payment of a habitat mitigation In-Lieu Fee. On-site the 0.23 acres of Oak
Woodlands near the west property line to the west side of the sewer easement,
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approximately 50 feet wide, (0.28 acres) will be placed in an Biological
Conservation Easement. Additionally, the proposed project is under the area
allowed to be removed for grading based on a slope analysis, as they are
proposing to grade only 24,151 square feet (0.55 acres). As the project will be
preserving habitat within the BCLA or PRPA area, or paying for future habitat
acquisition, it is meeting the goal of the Poway HCP and will not be removing the
allowable 2 acres (1.47 to be removed).
B. The preservation of the 0.23 acres of Oak Woodlands within the Mitigation Area,
the Twin Peaks Cornerstone BCLA, and PRPA 10 will contribute toward the
building of the ultimate total Mitigation Area preserve system of the Poway HCP
since the dedication will be sited to be contiguous to an existing on-site open
space easement areas (APN: 275-240-67 and 74) and will contain high quality
habitat. The preservation of off-site habit within the Mitigation Area of the Poway
HCP or payment of a habitat mitigation In-Lieu Fee will contribute toward lands of
the Poway HCP. Therefore, the dedication or payment of a fee will serve to
enhance the long-term viability and function of the preserve system.
C. The mitigation will be to the long-term benefit of the covered species and their
habitats in that the dedication of a Open Space easement over undisturbed and
unencumbered habitat or payment of a fee will promote a meaningful addition to
the assembly of a viable regional system of interconnected natural habitat
resource, habitat linkages, buffers and wildlife corridors.
D. The mitigation will foster the incremental implementation of the Poway HCP in an
effective and efficient manner through the preservation of habitat within an
identified Mitigation Area with the City of by payment of a fee for furtherance of the
same goal.
E. The mitigation will not result in a negative fiscal impact with regard to the
successful implementation of the Poway HCP because no City funding will be
required for the mitigation.
Section 3: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 04-04 and Minor Development Review Application 00-88, a
request to construct a 8,016-square-foot, single-family residence, including two attached
garages, and includes a reduction of the front yard setback from 40 feet to 20 feet to
allow a portion of a, 873-square-foot garage to encroach into the setback, are made as
follows. The subject property is located in the Rural Residential C (RR-C) zone at 12893
Glen Circle Road.
A. That there are special circumstances applicable to the property and because of
this the strict application of the Zoning Ordinance deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification. The special circumstances include the fact the subject lot is
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constrained by an excessive roadway easement along the southern portion of the
property and slopes from 804-feet to 744-feet limiting the area for a building site;
and,
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and not afforded to the property for which the Variance is sought because
developable area on the approximately 2.67-acre lot is restricted by the roadway
easement, open spaces easements, sewer easements, rock outcroppings and
steep slopes; and,
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed garage encroachment will be
over 200 feet away from the closest residence, the garage door will not face the
street, and is lower than the grade of Glen Circle Road; and
D. That the granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in that
other nearby lots in the Rural Residential C (RR-C) zone do not have the same
Open Space and sewer easement constraints; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR-C zone because single-family homes are a permitted use in
this zone; and
F. That the proposed Variance will be compatible with the City's General Plan
because the use is permitted and does not result in a density increase.
Section 4: The findings, in accordance with Section 17.52 of the Poway Municipal
Code, for MDRA 00-88, a request to construct a, 8,016-square-foot, single-family
residence, including two attached garages on vacant property located at 12893 Glen
Circle Road in the RR-C zone, are made as follows:
A. The residence has been sited to minimize landform alteration and conforms to the
City's zoning and grading standards. Therefore, the project respects the
interdependence of land values and aesthetics to the benefit of the City.
B. The project is in character with existing development in the area and will not
negatively affect the views of adjacent property owners. The proposal does not
otherwise affect the boundaries of the lot or the design of the streets, and does not
conflict with the orderly and harmonious appearance of structures and property
within the City.
C. There are public facilities, services and utilities available. The current roads are
capable of handling the expected volumes of traffic with this residential
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development. The proposed use is an allowable use in the RR-C zone, with the
approval of a Minor Development Review Application. The project will otherwise,
with the exception of the required 40-front yard setback, conform to all City
ordinances.
D. The project has been designed to minimize impacts on the surrounding community
by being tucked into the side of the hill, and utilizing a low profile architectural
design and earth-toned wall and roof materials and therefore respects the public
concerns for aesthetics of the community
Section 5: The findings, pursuant to Government Code Section 66020 for the public
improvements for MDRA 00-88, can be 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 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 finances
and provide public infrastructure improvements to promote a safe and
healthy environment for the residents of the City.
Section 6: The City Council hereby approves Variance 04-04 and Minor Development
Review Application 00-88, a request to construct an 8,016-square-foot, single-family
residence, including two attached garages. The approval includes a reduction of the front
yard setback from 40 feet to 20 feet to allow a portion of a, 873-square-foot garage to
encroach into the setback. The subject property is located in the Rural Residential C
(RR-C) zone at 12893 Glen Circle Road (as reflected on grading plans dated May 6,
2004, site plans dated May 5, 2004; and floor plans and elevations dated March 31,
2004), subject to the following conditions:
A. Approval of this Variance shall apply only to the subject project and shall not waive
compliance with all other 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 Variance granted by this approval shall not be conducted in such a manner as
to interfere with the reasonable use and enjoyment of surrounding residential
uses.
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D. The conditions of VAR 04-04 and MDRA 00-88 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.
E. Prior to issuance of a Grading Permit the applicant shall comply with the following
conditions:
1. A grading plan for the development of the lot prepared on a City of Poway
24" x 36" standard mylar sheet, preferably 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. As a minimum, the grading plan 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 five-
foot setback from open space areas and property lines. Buildings
shall be located at least five 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 run-off
during construction.
d. All utilities (proposed and existing), together with their appurtenances
and associated easements. Encroachments are not permitted upon
any easement without an approved encroachment agreement.
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. Retaining walls, with top and bottom elevations. Retaining wall
designs that deviate from the San Diego County Regional Standards
will require additional structural plan check. Existing retaining walls
shall be shown lighter than the new ones.
g. Existing and proposed drainage improvements.
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h. Construction staking in accordance with the habitat and open space
areas as identified in the biological resource areas by Robin Church
Biological Consultant.
i. Location and placement of Fuel Management Zones consistent with
City standards.
2. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and 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. Large concentrated flows across driveways are not permitted.
4. The grading plan shall be designed so that drainage facilities for the project
will not encroach into existing utility easements.
5. Prior to issuance of a Grading Permit, and if construction of this project is to
disturb one acre or more, the project owner shall file with the State Regional
Water Quality Control Board a Notice of Intent for coverage under the
statewide General Permit that covers storm water 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 Permit. Applications for the Notice
of Intent 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
6. Prior to issuance of a Grading Permit, and if construction of this project is to
disturb one acre or more, 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 with a capacity of 3,600 cubic feet
of storage per acre drained, or designed to remove fine silt for a ten-year,
six-hour storm event; a material storage and handling 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
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other means of Best Management Practices to effectively eliminate
pollutants from entering the storm drain system including a weather
triggered action plan. The engineer shall certify the SWPPP prior to
issuance of a Grading Permit.
7. The applicant shall pay all applicable engineering, plan checking, permit
and inspection fees.
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 for erosion prevention and sediment control can be achieved
using one or more of the following measures:
a. Provision of an on-site desilting basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Covering all flat areas with an approved mulch.
c. Installation of an earthen or gravel bag berm that retains 3 inches of
water over all areas prior to discharge, effectively creating a desilting
basin from the building pad.
9. 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.
10. Prior to any necessary 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. Erosion control, including, but not limited to desiltation basins, shall be
installed and maintained by the developer throughout construction of the
project.
12. 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 prior
to permit issuance.
13. A landscape/irrigation plan shall be submitted for review and approval by
the Development Services Department in accordance with the applicable
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requirements of the City of Poway Guide to Landscape Requirements and
Fuel Management. The landscape and irrigation plan shall indicate the
following:
a. Automatic irrigation system.
b. Plant sizes and species for manufactured and disturbed slopes
greater than a 5: 1 slope which reflect one 15-gallon tree per 750
square feet of slope area and one 1-gallon shrub for each 100
square feet of slope area, and ground cover.
c. Distance of each Fuel Management Zone.
14. All slope plantings shall be installed, and automatic irrigation system
shall be installed and operational at time of final inspection.
15. All construction activity on the project site, including equipment preparation
(Le.: warming up engines), shall be limited to the hours of 7:00 a.m. to 6:00
p.m. Monday through Saturday. Grading activities, including equipment
preparation, shall be limited to the hours of 7:00 a.m. to 6:00 p.m. Monday
through Friday.
16. At a minimum, all protected areas, as shown on the grading plan, shall be
staked by a licensed surveyor and delineated with construction orange
fencing. The applicant shall have said fencing 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
staked in accordance with the approved project plans.
17. According to the habitat assessment and area calculations prepared by
Robin Church Biological Consultant, on December 12, 2003, the site
consists of 1.47 acres of Coastal Sage Scrub, 0.23 acres of Oak
Woodlands and 0.87 acres of disturbed/developed land, for a total of 2.57
acres. Project grading and Fire Fuel Management Zones will impact
approximately 2.34 acres; of this 1.47 acres will be CSS/Chaparral habitat
and 0.87 acres disturbed land.
Mitigation will be completed as follows:
a. Approximately 0.23 acres of Oak Woodland habitat shall be placed in
a Biological Conservation Easement to the satisfaction of the
Director of Development Services. The Biological Conservation
Easement shall be located along the west property line to the west
Resolution No. P-04-41
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side of the sewer easement. The Biological Conservation Easement
shall be notarized and recorded with the County of San Diego.
b. The 1.47 acres of Coastal Sage Scrub (CSS)/Chaparral mitigation,
will be at a ratio of 2:1 for the 0.53 acres of CSS and 1:1 for the 0.94
acres of Chaparral removed, for 1.06 acres of CSS and 0.94 acres of
Chaparral, or 2.0 acres, which will require the dedication of
equivalent or higher quality habitat within the identified Mitigation
Area of the Poway HCP and shall be contiguous to an existing on-
site conservation easement area, or if it is infeasible to secure this
type of habitat in this area, the mitigation shall be located
somewhere else in the Mitigation Area. If it can be demonstrated
that either of these alternatives cannot be accomplished, the
applicant will be required to mitigate for the 1.47 acres of
CSS/Chaparral removed through payment of a habitat mitigation In-
Lieu Fee at the rate established at the time of Grading Permit
issuance. The habitat mitigation In-Lieu Fee is presently
$10,000/acre. Payment of the fee will be paid prior to Grading
Permit issuance, unless a different amount is required pursuant to a
refinement of the habitat impact as determined by a qualified
biologist and approved by the Director of Development Services.
18. In accordance with Condition H of the Poway HCP Incidental Take Permit,
a take of active California Gnatcatcher 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 time frame 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/Chaparral
habitat and Gnatcatcher Survey, and a report for the area to be
cleared and/or graded and CSS/Chaparral 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 Gnatcatcher nests are located in
the area to be cleared or graded, or in CSS habitat within 500 feet of
Resolution No. P-04-41
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such area. To be considered qualified, the biologist must provide the
City with a copy of a valid Gnatcatcher Recovery Permit from the
U.S. Fish and Wildlife Service (USFWS).
L The scope of work shall explain the survey methodology for the
biological survey and the proposed Gnatcatcher nest monitoring
activities during the clearing/grading operation.
iL Should the report show, to the satisfaction of the Director of
Development Services, that Gnatcatcher nests are not present
within the area to be graded/cleared, or within CSS/Chaparral
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.
b. If Gnatcatchers are present within the area to be graded/cleared, or
within CSS/Chaparral habitat located within 500 feet of said area, no
grading will be allowed during this time.
c. 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 Gnatcatcher nest(s) exists or is being built. Weekly
monitoring summaries shall be submitted to the Planning Division.
Should evidence of a Gnatcatcher nest(s) be discovered, the grading
operation shall cease in that area and be directed away from the
Gnatcatcher 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.
d. 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 Gnatcatcher nests were present during clearing and grading
activities within the area and any habitat within 500 feet of said area.
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.
Resolution No. P-04-41
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19. 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.
20. 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 shall be
submitted by the applicant.
F. Prior to issuance of a Building Permit the applicant shall comply with the following
conditions:
1. The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the conditions contained herein.
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 construction of the
project.
3. Rough grading shall be completed and meet the approval of the City
inspector and shall include submittal of the following:
a. A certification of line and grade for the lot, prepared by the engineer
of work.
b. A final soil compaction report for review and approval by the City.
4. 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 prior
to permit issuance.
5. Prior to delivery of combustible building materials, on-site water systems
shall satisfactorily pass all required tests and be in working operation.
6. 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.
Resolution No. P-04-41
Page 12
Water: Meter Size Cost Expansion Fee "SDWCA Service Line
')I." $130 $3,710 $2,004 $1,430
1" $270 $6,678 $3,206 $1,430
'If a 1" meter is required only due to fire safety requirement, then y." water
meter fees will apply except for the actual meter cost.
" To be paid by separate check, payable to San Diego County Water
Authority.
Traffic Mitigation $990
Park $2,720
Drainage $1,570
Sewer: Connection Cleanout Inspection Indirect Benefit
$3,356 $50 $25 $500
G. The applicant shall comply with the following prior to approval of occupancy:
1. The driveway, 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.
3. All proposed utilities within the project site shall be installed underground.
4. The developer shall repair, to the satisfaction of the City Engineer, any and
all damages to the existing private road improvements caused by
construction activity from this project.
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. 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.
Resolution No. P-04-41
Page 13
7. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
8. 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.
9. An Affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be paid
prior to Building Permit issuance.
10. All living quarters shall be equipped with low-flow plumbing fixtures.
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 Uniform Building Code (UBC)
Section 1503 and 1504, UBC Standard 15-2 and the City of Poway
Ordinance No. 64.
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. Addresses 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 Division Chief.
5. Dead-end access roadways in excess of 150 feet long shall be provided
with approved 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.
6. The applicant shall comply with the City of Poway Guide to Landscape
Maintenance as it relates to fire management zones.
7. A residential fire sprinkler system with the one-inch measure 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 mean is
currently not present, one will have to be installed.
Resolution No. P- 04-41
Page 14
Section 4: The approval of Variance 04-04 and Minor Development Review Application
00-88 shall expire on June 22, 2006, unless the applicant and/or property owner applies
for and obtains approval of a Building Permit.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 22nd day of June 2004.
ATTEST:
~~
Je ne Bunch, Interim City Clerk
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P- 04-41 duly adopted by
the City Council at a meeting of said City Council held on the 22nd day of June 2004, and
that it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
Jea e Bunch, Interim City Clerk
Ci of Poway