Res P-05-10
RESOLUTION NO. P-05-10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 04-105
ASSESSOR'S PARCEL NUMBER 278-240-20
WHEREAS, Minor Development Review Application (MDRA) 04-105 submitted by
Mark Catrambone, Applicant, requests approval to permit the construction of a 4, 700-square-
foot, single-story, single-family residence, measuring a maximum height of 26 feet, and a
660-square-foot garage on a vacant 7.69-acre parcel located north of Eastvale Road and
adjacent to the south side of Skyridge Road, within the Rural Residential B2 zone and within
the Hillside/Ridgeline Review Area; and
WHEREAS, on March 1, 2005, 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 04-105, 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 04-105 to construct a 4,700-square-foot, single-story, single-family
residence, measuring a maximum height of 26 feet, and a 660-square-foot garage on a
vacant 7.69-acre parcel located north of Eastvale Road and adjacent to the south side of
Skyridge 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
Resolution No. P-05-10
Page 2
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 developmentto protectthe 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 04-105, to allow the construction
of a 4,700-square-foot, single-story, single-family residence measuring a maximum height
of 26 feet and a 660-square-foot garage on a vacant 7.69-acre parcel located north of
Eastvale Road and adjacent to the south side of Skyridge Road, per site plans, grading
plans, floor plans, and elevations on file with the Planning Division dated September 14,
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 04-105 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.
Resolution No. P-05-10
Page 3
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:
(Engineering)
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. 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. Proposed driveway access, in compliance with the specifications
provided in Section 17 .08.170D ofthe Poway Municipal Code, including
minimum structural sections, together with their elevations and grades.
The driveway approach shall comply with the Regional Standard
Drawings.
c. A separate erosion control plan for prevention of sediment runoff during
construction. The plan shall provide for an on-site de-silting basin with
a volume based on 3,600 cubic feet per tributary acre drained.
d. Locations of 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. All new slopes shall have a maximum 2 to 1 ratio (horizontal to vertical).
f. 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.
g. Fire Fuel Management Zones consistent with City Standards and as
approved by the Fire Marshal.
h. A minimum 1 O,OOO-gallon water tank, with Fire Department Connection,
is required for the fire protection system. The water tank location shall
Resolution No. P-05-10
Page 4
be approved by the Planning Division, Building Division and Fire
Marshal, and shown on the grading plan. Said tank shall be painted an
earth-toned color and be sited to observe all required setbacks to the
satisfaction of the Director of Development Services.
i. Septic and leach fields in an area approved by the County of San Diego
Health Department.
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. Large
concentrated flows across driveways are not permitted.
4. 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 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
5. 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 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.
Resolution No. P-05-10
Page 5
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.
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 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. Prior to issuance of a grading permit, the applicant shall record a covenant to
encumber the subject property. This covenant shall state that if a subdivision
is proposed for the subject parcel, the property owner agrees, at his expense,
to connect the parcel under this application to any future extension ofthe water
system from Skyridge Reservoir that meets the City's fire flow criteria. These
requirements are not in lieu of established City subdivision requirements. The
covenant document shall be submitted to the Engineering Division for review
prior to recordation.
10. The following easements are shown on the November 23, 2004, "Site Plan
Conceptual Grading Plan and Natural Features Map" and are not described in
the First American Title Report DIV-1283389 (09). These easements shall be
described in the above referenced title report, and no structure(s) shall be built
over them:
a. 40-foot private road easement per F/P 1973-140318 recorded May 24,
1973 O.R.
b. 4-foot SDG&E easement per DOC 82-200804 recorded June 29,1982.
c. 30-foot private road easement per F/P 1973-140218 recorded May 24,
1973 O.R. and BK 7674, PG 549 O.R.
Resolution No. P-05-10
Page 6
d. 15-foot road and utility easement per F/P 1998-0491528 recorded
August 5, 1998.
11. The following easement described from First American Title Report DIV-
1283389 (09) shall be shown on the grading and building plans, and no
structures(s) shall be constructed over them.
a. A proposed 15-foot private road easement as delineated and
designated on Parcel Map No. 9427.
12. Leech field layout or seepage pit layout for the residence sewage disposal
system shall be submitted to the City's Engineering Division for review prior to
obtaining a septic system installation. If a County 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.
13. 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.
14. 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.
15. 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 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.
16. All erosion control and pollutant control measures shall be installed and
maintained by the developer throughout the duration of the construction
period.
17. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
Resolution No. P-05-10
Page 7
(Planning)
18. 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.
19. A 1 O,OOO-gallon water tank for fire suppression purposes is required. Prior to
installation, the applicant shall submit to the Planning Department exterior
colors for approval.
20. All on-site and off-site project grading may be required to be conducted outside
the rainy season.
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:
(Engineering)
1. The site shall be developed in accordance with the approved site plans and
conditions of approval contained herein. Grading shall be in accordance with
the Uniform Building Code, the City Grading Ordinance, the approved grading
plan, the approved soils report, and grading practices acceptable to the City.
2. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer throughout the duration of the
construction period. The developer shall maintain all erosion control devices
throughout their intended life.
3. 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:
Resolution No. P-05-10
Page 8
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.
4. Prior to delivery of combustible building materials, on-site water systems shall
satisfactorily pass all required tests and be fully operational.
5. 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.
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.
Water: Meter Size
% inch
*1 inch
Cost
$130
$270
Expansion Fee
$3,710
$6,678
**SDCWA Fee
$2,461
$3,938
Service Line
$1,430
$1,430
*
If a 1" meter is required for fire safety only, %" meter fees for expansion
and SDCWA will be applicable.
To be paid by separate check made payable to the San Diego County
Water Authority.
**
Sewer =
Traffic Mitigation =
Park =
Drainage =
Septic System
$ 990
$2,720
$1,570
(Planning)
7. 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.
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. 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.
Resolution No. P-05-10
Page 9
10. An Affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be paid
prior to Building Permit issuance.
11. All living quarters shall be equipped with low-flow plumbing fixtures.
12. The Building Permit shall include proposed color for the tank and a site plan
that identifies access to the tank. The location of the tank shall meet the
approval of the Fire Department and Planning. The tank shall be painted a
muted earth-tone color to the satisfaction of the Director of Development
Services.
F. The applicant shall comply with the following conditions prior to occupancy:
(Engineering)
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. A private road maintenance agreement, in a form satisfactory to the City
Attorney, shall be executed by the property owner per Municipal Code Section
12.20.060. The agreement shall provide for maintenance of the private road
between the terminus of the public portion of Eastvale Road and the driveway
entrance of the subject property. The applicant shall provide to the City a legal
description and plat map prepared by a licensed Civil Engineer for this
agreement.
6. 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
Resolution No. P-05-10
Page 10
(Planning)
7. All permanent landscaping and an automatic irrigation system for landscaping
on all manufactured slopes greater than 5: 1 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 Sections 1503 and 1504,
UBC Standard 15-2, and City of Poway Ordinance No. 64 and its amended
Ordinance No. 526.
2. Approved numbers or addresses measuring 4 to 6 inches in height shall be
placed on the building in such a position as to be plainly visible and legible
from the street fronting the property. Said numbers shall contrast with their
background. Address shall be required at private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained with
a spark arrester.
4. 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.
5. This dwelling is being constructed on a 7.69-acre parcel and is beyond 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 is required. Plans shall be submitted to the
Fire Prevention Bureau for approval prior to issuance of a Building Permit.
7. The applicant shall comply with the City of Poway Guide to Landscape
Requirements as it relates to fire Fuel Management Zones.
8. A 1 O,OOO-gallon water tank, with a fire department connection, will be required
for fire protection purposes. Contact the Fire Prevention Bureau for placement
of the water tank and fire department connection.
9. The driveway shall have a minimum width of 16 feet.
H. All construction traffic shall take access from the private road easement off of
Eastvale Road. Access from Skyridge shall not be allowed unless the applicant
obtains legal access rights.
Resolution No. P- 05-10
Page 11
Section 5: This MDRA 04-105 shall expire on March 1,2007, 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 gO-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 March 1, 2005.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 1st day of March 2005.
ATTEST:
~~~~~
L. ane Shea, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty
of perjury, that the foregoing Resolution No. P- 05-10 , was duly adopted by the City
Council at a meeting of said City Council held on the 1 st day of March 2005, and that it was
so adopted by the following vote:
AYES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES:
ABSTAIN:
NONE
NONE
DISQUALIFIED: NONE
<2~~
City of Poway