Res P-04-51 RESOLUTION NO. P-04-51
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 04-41
ASSESSOR'S PARCEL NUMBER 322-041-32
WHEREAS, Minor Development Review Application (MDRA) 04-41 submitted by Bob
Bauer, Applicant, requests approval to add 1,065-square-feet of living area and legalize a
477.5-square-foot second dwelling unit, for an existing 3,099-square-foot, 2-story, single-
family resid 2.51-acre property located at 17058 Iron Mountain Road. The property
is zoned Rural Residential A and located within the Hillside/Ridgeline Review Area. Pursuant
to Section 17.52.050, City Council approval is required for grading and development within
the identified Hillside/Ridgeline Review Area; and
WHEREAS, on July 20, 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 04-41, is found to be Categorically Exempt from the California
E Quality Act (CEQA), as a Class 1 Categorical Exemption, pursuant to Section
15301 of the CEQA Guidelines, in that project proposes an addition to an existing single-
family residence and results in no expansion of a p
Section 2: The finding dance with Section 17.52 of the Poway Municipal Code, to
approve MDRA 04-41 to add 1,065-square-feet of living area and legalize a 477.5 square
foot second dwelling unit, for an existing 3,099-square-foot, single-family residence, on a
2.51-acre property located at 17058 Iron Mountain Drive, are as follows:
A. That the existing home and proposed addition have been sited 1' ' ' 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
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 imp 3' for the addition to an existing residence; and
Resolution No. P-04-51
Page 2
D. The project has been designed I .... 3acts on the surrounding community by
utilizing a split-level architectural design and earth-toned wall and roof
Therefore, the proposed development respects the publ 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 imp 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 p ' '
the Zoning Ord :1 the General Plan.
Section 3: The City Council hereby approves MDRA 04-41, to allow the addition of 1,065
square feet of living area and legalize a 477.5-square-foot second dwelling unit, for an
existing 3,099-square-foot, 2-story, single-family resid 2.51-acre property located
at 17058 Iron Mountain Road, per site plans, grading plans, floor plans, and file
with the Planning Division dated April 8, 2004, 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 04-41 shall remain in effect for the life of the subject
residence and shall run with the land and be binding upon fu!
heirs, and 1 :the current property owner.
D. Prior I ' a Building Permit, the applicant shall comply with the following:
1. The building plans shall I; l with the approved site plans, floor plans
and elevations dated April 8, 2004, on file in the Development Services
Department, except as modified by the conditions herein.
2. If grading is to exceed 50 cubic yards of earthwork, or if the cut is greater than
two feet In vertical depth and creates a cut slope steeper than 2:1 (two
horizontal to one vertical), orthe fill is more than one foot in vertical depth, the
property owner shall apply for a Grading Permit and submit a grading plan for
review and approval to the City Development Services Department. If the
above conditions do not apply, the property owner shall provide a certification
from a state registered civil engineer or licensed architect indicating the
quantity of earthwork involved and pay a $500 inspection fee.
Resolution No. P-04-51
Page 3
3. If a Grading Permit is required, as an alternative to applying for a Grading
Permit, the applicant may apply and receive approval for a
change to the original grading plans, G789-90. A registered civil engineer
shall modify the original grading plans to show the work under this permit. The
fees for th lange shall be determined at the time of application
and posted prior to its approval.
4. A $2,000 Irol cash security shall be posted with the City.
5. The applicant shall attend a p ' 3, at which time they shall
present an Action Plan that identifies to be implemented during
construction to add 'liment, and pollutant control. Compliance
for erosion control can be provided using one or more of the following
guidelines:
a. Provid 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
all fiat areas prior to discharge, effectively creating a desilting basin
from the pad.
6. Prior to any rock blasting, a pre-blast survey of the surrounding properties shall
be conducted to th ~ ~the Director of Development S :l
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.
7. Submit approval of septic system layout from the County Department of
E Iai Health stating that the septic system is adequately sized to
:late the building addition.
8. Erosion control, including, but not limited to, desiltation basins, shall be
installed and :l by the developer throughout the duration of the
period.
9. 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
condi1' :l herein.
10. C staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. As a ' ' all
protected 3own 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
Resolution No. P-04-51
Page 4
Inspector stating that all protected areas are staked in accordance with the
approved project plans.
11. Prior to start of any work within City-held '.:'lhtS-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 p
12. 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.
13. School impact fees shall be paid atth · 31ished at the time of Building
Permit issuance. Please contact the Poway Unified School District for
additional information at (858) 748-0010, ext. 2089.
14. Water, sewer, and fire protection systems plans shall be designed and
:t to meet the req ' ~ the City of Poway.
15. The height of any 1~ I shall not exceed 8 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.
16. ,All living quarters shall be equipped with Iow-flow plumbing fixtures.
17. A deed restriction shall be notarized and recorded with the County of San
Diego stating either the main residence or the second dwelling unit must be
occupied by th : the property at all times, if either unit is held out for
rent. The applicant shall submit an original, notarized deed to the
City of Poway Planning Division with the appropriate recordation fee for filing
with the County of San Diego. if the property owner no longer uses this as
their primary residence then the second dwelling unit shall not be rented or
leased as a separate unit.
E. The applicant shall comply with the following conditions prior to occupancy:
1. Proposed drainage facilities, any additional slope landscaping, and utilities
shall be constructed, completed, and inspected by the Engineering Inspector.
An adequate drainage system in the area of the addition capable of handling
and disposing ail surface water shall be provided to the satisfaction of the
Engineering Inspector. The existing rip-rap shall be upgraded to handle the
dissipation of additional flow from the new brow ditch.
Resolution No. P-04-51
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2. Runoff shall not be permitted to pond near the house foundation or cause
sud' ~ 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
const " :y from this project, to the sa1 ~ :the City Engineer.
4. All proposed utilities within the project site shall be installed underground.
F. The applicant shall construct the following imp 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. ^ddress shall be required at private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall I: -1 with a
spark arrester.
4. A residential fire sprinkler system will be required. Plans shall be submitted to
the Fire Prevention Bureau for approval prior to installation.
5. The applicant shall comply with the City of Poway Guide to Landscape
IV : it relates to fire Fuel Management Zones.
Section 4: This MDRA 04-41 shall expire on July 20, 2006, at 5:00 p.m. unless a Building
Permit has been issued and cons1 :the property' this permit has
J prior to its expiration.
Section 5: Pursuant to G I Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
3osed pursuant to this approval shall begin on July 20, 2004.
Resolution No. P-04-51
Page 6
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 20th day of July 2004.
ATTEST:
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- 04-51 , was duly adopted by the
City Council at a meeting of said City Council held on the 20th day of July 2004, and that it
was so adopted by the following vote:
AYES: EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: H I GGI NS0N
Je~"~Yne Bunch, Interim City Clerk
Ci~ of Poway