Res P-05-29
RESOLUTION NO. P-05-29
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DENYING THE APPEAL AND APPROVING MINOR DEVELOPMENT REVIEW 04-125
ASSESSOR'S PARCEL NUMBER 321-410-12
WHEREAS, the conditions of approval for MDRA 04-125, was appealed by Mr.
Richard Brower, appellant pursuant to Government Code Section 66020 of the State
Government Code. The Minor Development Review application is a request to construct a
1,100-square-foot, single-story, detached guest house at an existing single-family
residence at 14924 Huntington Gate Drive, located within the Rural Residential C (RR-C)
zone; and
WHEREAS, on May 3, 2005, the City Council considered the merits of the appeal
request relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: The project, MDRA 04-125, is found to be Categorically Exempt from the
provisions of the California Environmental Quality Act pursuant to Section 15301 (e)( 1 ),
Class 4, in that the proposed construction is a minor alteration to an existing single-family
residence in a residential zone.
Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal Code
to approve Minor Development Review 04-125, are made as follows:
A. That the project is consistent with the General Plan as it proposes the construction
of a guest house on property that is designated for rural residential use. 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 guest
house is consistent with surrounding development. Therefore, the proposed design,
size, and scale of the guest house will be compatible with and will not adversely
affect, or be materially detrimental to adjacent uses, residents, buildings, structures,
or natural resources; and
C. The granting of the Minor Development Review would not be materially detrimental
to the public health, safety, or welfare since the proposed use will complete
improvements as deemed necessary; and
D. The approved development encourages the orderly and harmonious appearance of
structures and property within the City as the neighboring properties consist of rural
residential estate lots with similar types of guest houses. Therefore, the proposed
development respects the public concerns for the aesthetics of development; and
Resolution No. P-05-29
Page 2
E. 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; and
F. That the proposed development will comply with each of the applicable provisions of
the Zoning Ordinance and the General Plan.
G. 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.
Section 3: The findings, pursuant to Government Code Section 66020 for the public
improvements, are 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 dedication of a public
water easement is needed as a result of the proposed development to protect the
public health, safety, and welfare as identified below:
1. The project will place a public easement over an existing access roadway
that contains a public water line and fire hydrant that were installed several
years ago as part of the subdivision improvements for the subject site and
surrounding properties. Granting of this easement will not materially change
the previously installed improvements, and will assure that the public water
line and fire hydrant will continue to provide fire protection services with
enhanced water pressure to the area without interruption.
Section 4: The City Council hereby approves Minor Development Review 04-125, to
allow the construction of a 1,1 OO-square-foot, single-story, detached guest house at an
existing single-family residence at 14924 Huntington Gate Drive, located within the Rural
Residential C (RR-C) zone, subject to the following conditions.
A. Approval of this request shall not waive compliance with the Zoning Ordinance and
all other applicable City Ordinances in effect at the time of Grading and Building
Permit issuance.
B. Compliance with the following conditions is required prior to issuance of a Grading
Permit:
1. A grading plan for the development of the lot, prepared on a City of Poway
standard mylar sheet at a scale of 1"=20', shall be submitted along with a
Grading Permit application and the applicable fees to the Development
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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. Tops and toes of graded slopes shall be shown with a minimum five-
foot setback from Open Space areas and property lines. The house
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 the Grading Permit.
b. A separate erosion prevention and sediment control plan for
construction activities. This plan shall provide for an onsite de-
silting basin with a volume based on 3,600 cubic feet per tributary
acre drained.
c. Locations of all utility improvements (existing and new), together with
their easements. No encroachments are permitted upon any
easement.
d. All new slopes shall have a maximum 2 to 1 ratio (horizontal to
vertical).
e. Location of equestrian and pedestrian easement.
f. Identify location of creek and top of bank. Show distance from edge
of creek to structure.
2. 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 over the driveway, and into the street shall be avoided.
3. 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.
4. 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, which 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 the Grading
Permit. Applications for the Notice of Intent may be obtained by contacting:
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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 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 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 the Grading 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
a letter of credit shall be posted with the City prior to grading plan approval.
A minimum $2,000 cash security deposit is required.
8. Show and label, on the grading plan, with appropriate document numbers, all
existing easements described in the title report from Chicago Title Company,
Policy No. 8864440. No permanent structures shall be built within these
easements.
9. 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 sediment control shall be provided using the following
guidelines, as directed by the project inspector:
a. Provision of an on-site de-silting basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Covering of all flat areas with an approved mulch.
c. Installation of an earthen or gravel bag berm that retains 3 inches of
water over all disturbed areas prior to discharge, effectively creating a
de-silting basin from the pad.
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10. Prior to issuance of a Grading or Building Permit, whichever occurs first, the
applicant shall dedicate to the City a 20-foot wide public water easement that
spans the entire length of the properties southern boundary. The alignment
of the existing waterline shall be the centerline of this easement. The
applicant shall submit a legal description and engineered drawing on a Plat
Map for this easement.
11. Approval of this request does not authorize use of the trail easement for
construction materials and equipment. The applicant shall contact Bob
Hahn, Public Works Department-Parks and Trails Maintenance, to determine
potential use and restrictions of use
12. The applicant shall be responsible for maintaining access to the trail during
construction activity and for restoring the trail to its original condition prior to
occupancy.
C. Prior to issuance of a building permit, the applicant shall comply with the following:
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. 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.
3. 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.
4. The building plans shall indicate exterior building materials, color, and roof
treatment to match the existing structure.
5. 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.
D. The applicant shall comply with the following conditions prior to occupancy:
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1. Drainage facilities, slope landscaping and protection measures, and utilities,
shall be constructed, completed, and inspected by the Engineering Inspector.
2. An adequate drainage system around the new building pads capable of
handling and disposing all surface water shall be provided to the satisfaction
of the Engineering Inspector.
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. 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.
5. The maximum height of any fence or wall shall not exceed six feet.
6. All new living quarters shall be equipped with low-flow plumbing fixtures.
7. The exterior color, material, and roof treatment of the guest house shall
match the exterior of the existing residence.
8. The property owner shall sign and record a deed covenant which shall state
that "In consideration of the approval by the City of Poway, ("CITY"
hereinafter) of Minor Development Review Application 04-125 (MDRA 04-
125), involving a detached guest house, The property owner hereby agrees
that no portion of the guest house shall ever be rented or leased as a
separate unit, and that no kitchen facilities shall ever be installed.
D. The following improvements shall be constructed to the satisfaction of the Fire
Marshal:
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 four to six 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 the 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' 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 Fire Marshal.
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.)
Section 5: This Minor Development Review Application 04-125 shall expire on May 3,
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 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 May 3, 2005.
Robert C. Emery, De
ATTEST:
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Resolution No. P-05-29
Page 8
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 pe~ury, that the foregoing Resolution No. P-05-29, was duly adopted by the City Council
at a meeting of said City Council held on the 3rd day of May 2005, and that it was so
adopted by the following vote:
AYES: BOYACK,EMERY, REXFORD
NOES: NONE
ABSENT: HIGGINSON, CAFAGNA
DISQUALIFIED: NONE
~odiu~
. iane Shea, City Clerk
City of Poway