Res P-05-33
RESOLUTION NO. P-05-33
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 98-61R
ASSESSOR'S PARCEL NUMBER 278-210-31
WHEREAS, Minor Development Review Application (MDRA) 98-61 R submitted by
Jim Hyslop, Applicant, requests approval to construct a 1 ,015-square-foot addition to an
exisiting 3,280-square-foot single-family residence, and approval of a single-story, 1,152-
square-foot second dwelling unit on an approximate 18-acre site located at 15450 SR 67,
in the Rural Residential A zone and with the Hillside Ridgeline Overlay area; and
WHEREAS, on May 17, 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 98-61 R, 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
second dwelling unit and additions to an existing single-family residence.
Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal Code,
to approve MDRA 98-61 R, are as follows:
A. That the second dwelling unit and additions to the existing single-family residence
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 second
dwelling unit and additions to the existing single-family residence are consistent with
surrounding residences. Therefore, the proposed design, size, and scale of the
proposed project 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-05-33
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 orwelfare, 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 development to protect the public
health, safety, and welfare as identified below:
1. In accordance with the Poway General Plan, the second dwelling unit 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 98-61 R to allow a 1,015-square-foot
addition to an exisiting 3,280-square-foot single-family residence and a single-story, 1,152-
square-foot second dwelling unit, pursuant to the site plans, floor plans, and elevations on
file with the Planning Division dated March 8, 2005, 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. Approval of this MDRA shall comply with all prior Conditions of Approval established
under City Council Resolution P-98-61.
C. Within 30 days of approval, the applicant shall submit in writing that all conditions of
approval have been read and understood.
D. The conditions of MDRA 98-61 R 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-05-33
Page 3
E. Prior to grading, if the amount or type of grading requires a Grading Permit, the
applicant shall obtain a Grading Permit. Prior to issuance of a Grading Permit, the
applicant shall comply with the following:
1. If grading is to exceed 50 cubic yards of earthwork, or if any cut is greater than
two feet in vertical depth and creates a cut slope steeper than 2:1 (two
horizontal to one vertical), or if any 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,
Engineering Division. Ifthe above conditions do not apply, the property owner
shall provide a certification from a state registered civil engineer, or a licensed
architect indicating the actual quantity of earthwork involved and pay a $500
inspection fee prior to building permit issuance.
2. If grading is required, a grading plan for the proposed additions, prepared on a
City of Poway 24"x 36" Standard Mylar sheet, to a scale of 1"=20', shall be
submitted along with a Grading Permit application and the applicable fees to
the Development Services Department, Engineering Division. As a minimum,
the grading plan shall include the following:
a. Any new slopes with a maximum 2:1 (horizontal to vertical) ratio. Tops
and toes of graded slopes shall be shown with a minimum five-foot
setback from open space areas and property lines. The new additions
shall be located at least five feet from tops and toes of slopes.
b. A separate erosion prevention and sediment control plan for
construction activities.
c. Locations of any new utility boxes, clearly identified in coordination with
the respective utility companies, and approved by the City prior to their
installation.
d. Method of site drainage, including roof drainage.
e. Cross sections through the building additions showing cut and fill.
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. 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. Concentrated
flows across driveways are not permitted.
5. If a Grading Permit is required, the property owner shall pay all applicable
engineering plan checking, permit, and inspection fees.
Resolution No. P-05-33
Page 4
6. If a Grading Permit is required, 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.
A. 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 property owner shall attend a pre-construction meeting, at which time he
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 approved mulch.
c. Install an earthen or gravel bag berm that retains 3 inches of water over
all flat areas prior to discharge, effectively creating a de-silting basin
from the pad.
2. The property owner shall post $2,000 cash security deposit.
3. All erosion control and pollutant control measures shall be installed and
maintained by the property owner throughout the duration of the construction
period.
4. The site shall be developed in accordance with the approved site plans on file
in the Development Services Department and the conditions 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. Structures noted, but not shown on
the plan (I.e., structures other than the addition to the existing house and the
second dwelling unit) are not a part of this approval.
5. 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.
Resolution No. P-05-33
Page 5
6. If a Grading Permit is required, rough grading is to be completed and meet the
approval of the City inspector and shall include submittal of the following:
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.
7. Prior to any rock blasting, a pre-blast survey of the surrounding properties
shall be conducted to the satisfaction ofthe 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.
8. The property owner shall provide to the Development Services Department
written approval from the San Diego County Health Department that the septic
system for the subject lot is adequately sized to accommodate the additions
and the second dwelling unit. If the existing layout of the septic field will be
modified as a result of the additions to the property or the second dwelling unit,
the property owner shall submit the new layout to the Engineering Division as
approved by the San Diego County Health Department.
9. The following development impact fees shall be paid to Engineering Division
for the second dwelling unit:
Traffic
Drainage
Parks
$ 990
$ 0
$2,720
10. 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.
(Planning)
11. School impact fees shall be paid at the rate established at the time of Building
Permit issuance for the second dwelling unit and the additions to the existing
residence. Please contact the Poway Unified School District for additional
information at (858) 748-0010, ext. 2089.
12. 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-05-33
Page 6
13. An Affordable Housing In-Lieu Fee, in the amount calculated per the Poway
Municipal Code, shall be paid prior to Building Permit issuance for the second
dwelling unit.
14. All living quarters shall be equipped with low-flow plumbing fixtures.
B. The applicant shall comply with the following conditions prior to occupancy:
Engineering
1. New drainage facilities, slope landscaping and protection measures, and all
utility services shall be constructed and completed by the property owner, and
subsequently inspected by the Engineering Inspector.
2. An adequate drainage system around the building additions capable of
handling and disposing all surface water shall be provided to the satisfaction
of the Engineering Inspector.
3. The property owner shall repair, to the satisfaction of the City Engineer, any
and all damages to the streets caused by construction activity from this project.
4. All proposed utility services within the project site shall be installed
underground.
5. If a Grading Permit is required, 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.
(Planning)
6. 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.
C. 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.
Resolution No. P-05-33
Page 7
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. The applicant shall comply with the City of Poway Guide to Landscape
Requirements as it relates to fuel management zones.
5. The addition and second dwelling unit shall be fire sprinklered.
6. Fire fuel management, as approved by the Fire Marshal and the Director of
Development Services, shall be maintained for the existing home and provided
for the home addition and the second dwelling unit. Additional mitigation may
be required, which may require the amendment of existing Biological
Conservation Easements on the site, with approval of the Resource Agencies
and City. Additionally, authorization from adjacent property owners may be
required to accommodate the project's required fire fuel management. Should
adequate fire fuel management not be provided, the new structures shall be
constructed of non-combustible materials. Additional fire protection building
design features may be required.
Section 5: MDRA 98-61R shall expire on May 17, 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 17, 2005.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 17th day of May 2005.
ATTEST:
r
~41LJ ~P'
L~D' ne hea, City Clerk
Resolution No. P-05-33
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 perjury, that the foregoing Resolution No. P-05-33, was duly adopted by the City Council
at a meeting of said City Council held on the 17th day of May 2005, and that it was so
adopted by the following vote:
AYES: BOYACK, REXFORD, HIGGINSON, EMERY, CAFAGNA
NOES: NONE
ABSTAIN: NONE
DISQUALIFIED: NONE
~/~~A/
L. Diane Shea, City Clerk
City of Poway