Res P-05-20
RESOLUTION NO. P-05-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW (MDRA) 04-90
ASSESSOR'S PARCEL NUMBER 321-111-11 and 16
WHEREAS, MDRA 04-90, submitted by Property Owners on Eucalyptus Heights
Road and the 14800 block of Mina De Oro Road/John Fitch, Applicant, request approval
to construct a vehicle access gate across the southerly segment of Mina De Oro Road
just south of Poway Grade in the Rural Residential A (RRA) zone; and
WHEREAS, on October 26, 2004, the City Council reviewed the request and
solicited comments from the public, both pro and con, relative to this application; and
WHEREAS, the item was continued to the January 18, 2005 City Council
meeting; and
WHEREAS, a resolution of denial was reviewed by the City Council at its
February 1, 2005 meeting and the item was continued to March 22, 2005.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
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 involves the construction of a small
structure.
Section 2: The findings in accordance with Section 17,52 of the Poway Municipal Code,
to approve MDRA 04-90 to permit the installation of a vehide gate across the southerly
segment of Mina De Oro Road, south of Poway Grade are as follows:
A. That the proposed use respects the inter-dependence of land values and the
aesthetics to the benefit of the City because the fence and gate will consist of
decorative iron and will not detract from the design of the residential
development; and
B. That the approved project will not have an adverse affect on the aesthetics,
health, safety, or architectural related impact on adjoining properties, as the gate
will have an attractive wrought iron design. Therefore the proposed design, size
and scale of the gate is compatible with and will not adversely affect, or
materially detrimental to, adjacent uses, residents, buildings, structures, or
natural resources; and
Resolution No. P-05-20
Page 2
C. That the granting of the Minor Development Review would not be materially
detrimental to the public health, safety, or welfare since the gate will have a Knox
box to allow emergency vehicle access; and
D. That the proposed gate will comply with each of the applicable provisions of the
Zoning Ordinance and the General Plan.
Section 3: The City Council hereby denies staff recommendation and approves Minor
Development Review (MDRA) 04-90, to allow a vehicle access gate across the
southerly segment of Mina De Oro Road, south of Poway Grade, as shown on plans on
file with the Development Service Department, subject to the following conditions:
A. Approval of this MDRA shall apply only 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(s) shall submit in writing that all
conditions of approval have been read and understood.
C. The gated entry shall be constructed based on approved building plans and
Building Permit (electrical) issued by the Development Services Department.
D. The applicants shall grant Menachem and Peggy Shovallicense agreements that
allow them to use Mina de Oro Road to access their property. Copies of the
license agreements shall be provided to the Development Services Department
prior to issuance of a building permit for the gate.
E. Pedestrian access through the gate shall be maintained.
F. Prior to grading permit issuance, the applicant shall comply with the following:
Enaineerina Division
1. Submittal to the City for review and approval of a grading plan (or referred
to as private road improvement plan), erosion control plan, stormwater
pollution prevention plan, grading permit application and geotechnical
reportls to the Development Services Department.
a. The street turnaround shall be improved to a minimum diameter of
76.00-foot (curb to curb dimension) roadway. Improvement shall
include, but is not limited to street paving (including subbase if
needed), construction of curb and/or berm to control drainage (if
needed), street signage, and street striping. Pavement section
shall be designed on a traffic index of 4.5.
Resolution No. P-05-20
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b. Construction of the turnaround encroaches in areas outside the
private road easement, in that the grading permittee shall acquire
necessary permission from affected property owner/s to do the
improvement in said areas prior to start of work.
c. Improvements shall be constructed in accordance with City adopted
standards and specifications, the latest adopted edition of the
Standard Specifications for Public Works Construction and its
corresponding San Diego supplements, and the current San Diego
Regional Standard Drawings. It shall also be in substantial
conformance with the approved development plan and in
accordance with the City Grading Ordinance, and City Storm Water
Management and Discharge Control Ordinance.
d. A drainage system capable of handling and disposing of all surface
water originating or to be caused from and/by the improvement
shall be constructed.
e. Erosion control, including but not limited to desiltation basins, shall
be installed and maintained from Oct. 15th to April 15th. An
erosion control plan shall be prepared by the project civil engineer
and shall be submitted as part of the grading plan. The
applicant/developer shall make provisions to insure proper
maintenance of all erosion control devices.
f. The storm water management plan shall be prepared. The plan
shall identify the measures that will be used for storm water and
non-stormwater management during the permitted activity.
2. A right-of-way permit shall be obtained from the Engineering Division of
the Development Services Department for any work to be done in public
street rights-of-way or City-held easements.
3. The applicanUdeveloper shall pay the following fees and grading
securities:
a. Grading permit, plan checking, inspection, right-of-way permit (if
needed), and geotechnical review fees. The grading permit fee
shall be paid at first submittal of grading plans.
b. Posting and/or payment of grading securities.
4. City approval of soils report and grading plans.
Resolution No. P- 05-20
Page 4
5. Submittal of a request for and hold a preconstruction meeting with a City
Engineering inspector. The applicanUdeveloper shall be responsible that
necessary individuals, such as but not limited to, contractors,
subcontractors, project civil engineer and project soils engineer must
attend the preconstruction meeting.
G. Prior to Building Permit issuance, unless other timing is indicated, the
applicant/developer shall complete the following:
Enaineerina Division
1. Completion of and approval by the City of rough grading of the road.
2. City approval of soils compaction report.
3. City approval of a certification of line and grade prior to placement of road
subgrade and/or paving. The certification shall be issued by a California
Registered Civil Engineer or Licensed Land Surveyor.
4. City approval of the pavement structural section.
5. Submittal of a private road maintenance agreement for Mina de Oro Road,
from Poway Road to the turnaround, and gate (including appurtenances).
6. Submittal of proof/s of private road easement granUs, of those portions
needed for the turnaround, to existing private road easement holders.
Owners of those parcels identified as APNs 321-111-11 and 321-111-16,
on which the additional improvements to the turnaround is to be
constructed, shall grant to other known Mina de Oro private road
easement holders.
Plannina Division
1. The maximum height of the gate or the associated column and fencing
shall not exceed 6-feet above grade.
2. The site shall be developed in accordance with the approved plan on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City Departments will be
required.
Resolution No. P- 05-20
Page 5
Safety Services Department
1. A Knox override key switch that overrides all command functions and
opens the gate(s). The Knox override key switch shall be ordered through
the Poway Fire Department.
2. An approved emergency traffic control-activating strobe light sensor(s)
(Opticom) which will activate the gate on the approach of emergency
apparatus to the satisfaction of the Director of Safety Services.
3. The applicant shall provide locking mechanism on the fence with rollers
that can be rapidly accessible to Fire Department personnel to the
satisfaction of the Fire Marshal.
Section 4: The approval of MDRA 04-90 shall expire on March 22, 2007, unless the
applicant 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 March 2005.
ATTEST:
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Resolution No. P-05-20
Page 6
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. P-05-20 was duly adopted by the City
Council at a meeting of said City Council held on the 22nd day of March 2005, and that
it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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City of Poway