Res P-05-55
RESOLUTION NO. P-05-55
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 04-87
ASSESSOR'S PARCEL NUMBER 314-650-04
WHEREAS, MDRA 04-87, submitted by Peter and Chris Tupper, Owners, requests
approval to construct a 4,374-square-foot, 2-story, single-family residence, measuring a
maximum of 33 feet in height, and an attached 794-square-foot garage on a 6.01-acre
property located at the extension of Midland Road, north of Twin Peaks Road. The
property is zoned Rural Residential A (RR-A) and located within the Hillside/Ridgeline
Review Area; and
WHEREAS, on August 16, 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 04-87, is found to be Categorically Exempt from the
California 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: Pursuant to the Poway Habitat Conservation Plan (HCP), a biological survey
was prepared for the property on March 11, 2005, by Robin Church, a Biological
Consultant, at RC Biological Consulting, Inc. The site consists of 5.74 acres of Coastal
Sage Scrub (CSS)/Chaparral Habitat and 0.27 acres of disturbed area, for a total of 6.01
acres. Project grading and Fire Fuel Management Zones will impact approximately 1.69
acres; of this, 1.49 acres will be CSS/Chaparral Habitat and 0.20 acres disturbed land.
A. The proposed project site is inside the Mitigation Area, the Twin Peaks Mountain
Biological Core and Linkage Area (BCLA) and the Planned Resource Preservation
Area (PRPA) No. 10 of the Poway HCP. The mitigation is consistent with and
furthers the implementing objectives of the Poway HCP in that the applicant will
mitigate impacts to 1.49 acres of Costal Sage Scrub/Chaparral Habitat at a 2: 1 ratio
(2.98 acres mitigation). The mitigation for 2.98 acres of Coastal Sage
Scrub/Chaparral will be on-site, and will be placed in a Biological Conservation
Easement. The remaining habitat (1.27 acres) will be preserved on-site in an
Open Space Easement.
This property is in the Twin Peaks Mountain BCLA area, which has a preservation
goal of 80 percent of habitat on-site. Approximately 5.02 acres of the property is in
the BCLA and the project proposes preserving approximately 71 percent of the
Resolution No. P-05-55
Page 2
habitat on-site in the BCLA area, which is connected to or adjacent to other open
space areas. Per the Poway HCP, this PRPA 10 is of medium priority. Additionally,
the proposed project is well under the 2 acres allowed to be removed for grading
and clearing based on a slope analysis, as they are proposing to grade only 23,036
square feet (0.53 acres). As the project will be preserving habitat within the BCLA
or PRPA area, it is meeting the goal of the Poway HCP and will not be removing the
allowable 2 acres (1.49 to be removed). A total of 4.25 acres of the 6.01-acre
property will be left as open space. Therefore, the project meets the preservation
goal of the Twin Peaks Mountain BCLA and Poway HCP.
B. The preservation of 4.25 acres of Coastal Sage Scrub/Chaparral Habitat within the
Mitigation Area, the Twin Peaks Mountain BCLA, and PRPA 10 will contribute
toward the building of the ultimate total Mitigation Area preserve system of the
Poway HCP since the dedication will be sited to be contiguous to existing open
space areas and will contain high quality habitat. Therefore, such habitat
preservation will serve to enhance the long-term viability and function of the
preserve system in that it will permanently preserve 4.25 acres of habitat on-site.
C. The mitigation will be to the long-term benefit of the covered species and their
habitats in that the recordation of a Open Space Easement, over an area of
undisturbed and unencumbered habitat, will promote a meaningful addition to the
assembly of a viable regional system of interconnected natural habitat resources,
habitat linkages, buffers and wildlife corridors since it will permanently preserve 1.27
acres of Coastal sage Scrub/Chaparral Habitat on-site, which will be contiguous to
the Biological Conservation Easement for 2.98 acres of mitigation.
D. The mitigation will foster the incremental implementation of the Poway HCP in an
effective and efficient manner in that the habitat will be preserved on-site contiguous
to other preserved habitat areas.
Section 3: The findings, in accordance with Section 17.52 ofthe Poway Municipal Code,
to approve Minor Development Review Application 04-87 to construct a 4,374-square-foot,
2-story, single-family residence, measuring a maximum of 33 feet, and an attached
794-square-foot garage on a 6.01-acre property located along the extension of Midland
Road, north of Twin Peaks Road, are as follows:
A. That the mitigation will not result in a negative fiscal impact with regard to the
successful implementation of the Poway HCP because no City funding will be
required to preserve the habitat; and
B. That the home and garage has 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
Resolution No. P-05-55
Page 3
C. 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
D. 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
E. That 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
F. 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
G. That the proposed development will comply with each of the applicable provisions
of the Zoning Ordinance and the General Plan.
Section 4: 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 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 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 5: The City Council hereby approves Minor Development Review Application
04-87, to allow the construction of a 4,374-square-foot, 2-story, single-family residence,
measuring a maximum of 33 feet in height, and an attached 794-square-foot garage on a
6.01-acre property located at the extension of Midland Road, north of Twin Peaks Road,
per site plans and grading plans on file with the Planning Division dated March 14,2005,
and floor plan and elevations dated June 20, 2005, subject to the following conditions:
Resolution No. P-05-55
Page 4
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 04-87 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.
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. All new slopes with a maximum 2:1 (horizontal to vertical) slope. Tops
and toes of graded slopes shall be shown with a minimum 5-foot
setback from open space areas and property lines. Buildings 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. The private driveway, in compliance with the specifications provided
in Section 17.08.170D of the Poway Municipal Code, and including
the structural section, finish elevation, grades, and its connection to
the access road. The width ofthe private driveway as shown (12 feet)
shall be approved by the Fire Department.
c. A separate erosion control plan for prevention of sediment runoff
during construction.
d. All utilities (proposed and existing), together with the appurtenances
and any easements. Encroachments are not permitted upon any
easement without an approved Encroachment Agreement.
e. Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
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installation work. Screening of utility boxes shall be to the satisfaction
of the Director of Development Services.
f. Top of wall and top of footing elevations of all retaining walls.
g. Fire Fuel Management Zones.
h. Biological Conservation Easements and Open Space Easements.
i. The grading plans shall include elevations and grades to provide for
the widening of the private road known as Midland Road, between
the driveway of the subject parcel and southerly to the terminus of the
private section of Midland Road. The road widening shall be in
compliance with Poway Municipal Code Section 12.20.120, for non-
dedicated rural streets.
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 any needed easement(s) required to properly handle the
drainage. Large concentrated runoffs (3 cubic feet per second or greater)
shall not be discharged over the driveway and into the street.
4. The total disturbed area for this project is 1.04 acres. Therefore, the property
owner shall file with the State Regional Water Quality 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. 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. The total disturbed area for this project is 1.04, therefore, the property owner
shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that
effectively addresses the elimination of non-storm runoff into the storm drain
Resolution No. P-05-55
Page 6
system. The SWPPP shall include, but not limited to, an effective method of
hillside erosion and sediment control; a desilting 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 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
letter of credit, shall be posted with the City prior to grading plan approval.
A minimum $2,000 cash security is required for erosion prevention and
sediment control.
8. The property owner shall provide a fee to the City of $1,250 for a water
analysis that will evaluate the adequacy of the existing public water system
to accommodate a fire hydrant.
9. In accordance with the water analysis, improvement plans for the water main
and fire hydrant, along with applicable plan check and inspection fees, shall
be prepared by the applicant's project engineer and submitted to
Development Services - Engineering Division, for review and approval.
The plans shall indicate the method of water connection and service to the
dwelling, including a complete profile of the proposed water line from the
existing line at Saddle Brook Estates to the subject property, and its
connection to the fire hydrant, as well as the method of creek crossing along
the south boundary of the Open Space area. Adjacent to the southeasterly
line of the Open Space area, the water line shall be placed in the existing
City of Poway sewer easement, observing the required 10-foot horizontal
separation. This includes installation of the water line in the sewer easement
within the property identified as Assessor Parcel Number 314-033-09.
10. 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 siltation basin with a volume based on 3,600
cubic feet per tributary acre drained.
Resolution No. P-05-55
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b. Cover all flat areas with 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 desiltation
basin from the pad.
11. Construction staking shall be installed by the owner 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.
12. 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.
13. A leach field layout or seepage pit layout for the residence sewage disposal
system shall be submitted to the City of Poway Development Services -
Engineering Division for review and approval prior to obtaining a septic
permit form the San Diego County Health Department. If the permit is
obtained without a City approved layout, a copy shall be submitted prior to
the installation of the leach lines. The septic system, including the leach
field, shall be shown on the grading plan. The septic field shall not interfere
with the existing road and utility easement along the northerly lot line. The
septic field shall also be located at least fifty feet (50') away from the
proposed water line.
14. The property owner shall provide fully executed Water Easements to the
City of Poway for the proposed alignment and construction of the water line
from the underlying lot owners of the following properties: Assessor's Parcel
Numbers (APN's) 314-650-05, 314-650-06 and 314-650-04.
Note: The property owner shall insure that the necessary easements can in
fact be secured and that the proposed water line alignment meets the
approval of Safety Services, prior to the City conducting the water flow
analysis.
The applicant has obtained concurrence from the lot owner of the property
identified as APN 314-033-09 for the installation of the new water line in the
existing 20-foot-wide sewer easement upon that lot. The applicable
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easement document review fees shall be paid when submitting
the easements for review.
15. 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.
16. The slope of the driveway shall be reduced to a maximum 20 percent grade.
(Planning)
17. 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.
18. All slope plantings shall be installed, and automatic irrigation system
shall be installed and operational at time of final inspection.
19. According to the habitat assessment and area calculations prepared on
March 11, 2005, by Robin Church, a Biological Consultant, at RC Biological
Consulting, Inc., the site consists of 5.74 acres of Coastal Sage Scrub
(CSS)/Chaparral Habitat and 0.27 acres of disturbed area, for a total of 6.01
acres. Project grading and Fire Fuel Management Zones will impact
approximately 1.69 acres; of this, 1.49 acres will be CSS/Chaparral Habitat
and 0.20 acres disturbed land.
Mitigation will be completed as follows:
Resolution No. P-05-55
Page 9
a. On-site dedication of 4.25 acres of Coastal Sage ScrublChaparral
Habitat of equal or greater conservation value to compensate for the
1.49 acres of Coastal Sage Scrub/Chaparral that will be impacted.
Said on-site dedication shall require the applicant to place 2.98 acres
of Coastal Sage ScrublChaparral Habitat in a Biological Conservation
Easement. Said Biological Conservation Easement shall be approved
by the Director of Development Services and shall be notarized and
recorded with the County of San Diego. The remaining 1.27 acres of
Coastal Sage Scrub/Chaparral Habitat will be placed in an Open
Space Easement.
Note: In compliance with the PSHCP, the City shall process a General
Plan Amendment and Zone Change to change the land use and
zoning designation of the area of the Biological Conservation
Easement to Open Space-Resource Management (OS-RM) zone to
ensure its permanent preservation.
20. In accordance with Condition H of the Poway HCP Incidental Take Permit, a
take of active California Gnatcatcher nests, which includes harassment of
the bird due to grading noise and vibrations from February 15 through July 1 ,
is not permitted. Therefore, grading during this time frame will only be
permitted subject to the following conditions having been met to the
satisfaction of the Director.
The applicant is hereby advised that, during grading, if active nests are found
within 500 feet of the grading, the grading activity shall be stopped until such
time as mitigation measures, to the satisfaction of the City and the United
States Fish and Wildlife Service (USFWS,) are implemented. There is no
guarantee that grading will be allowed to resume.
a. Before issuance of a Clearing/Grading Permit, if grading or clearing is
to occur between February 15 and July 1, the applicant shall provide
to the Planning Division a letter from a qualified biologist retained by
the applicant, with a scope of work for a CSS habitat and Gnatcatcher
Survey, and a report for the area to be cleared andlor graded and
CSS habitat areas within 500-feet of such area. The biologist shall
contact the USFWS to determine the appropriate survey methodology.
The purpose of the survey is to determine if any active Gnatcatcher
nests are located in the area to be cleared or graded, or in CSS
habitat within 500 feet of such area. To be considered qualified, the
biologist must provide the City with a copy of a valid Gnatcatcher
Recovery Permit from the U.S. Fish and Wildlife Service (USFWS).
Resolution No. P-05-55
Page 10
b. The scope of work shall explain the survey methodology for the
biological survey and the proposed Gnatcatcher nest monitoring
activities during the clearing/grading operation.
c. Should the report show, to the satisfaction of the Director of
Development Services, that Gnatcatcher nests are not present within
the area to be graded/cleared, or within CSS habitat located within
500 feet of said area, approval may be granted to commence
clearing/grading within the Gnatcatcher nesting season from February
15 through July 1.
d. If Gnatcatchers are present within the area to be graded/cleared, or
within CSS habitat located within 500 feet of said area, no grading will
be allowed during this time.
21. The biologist must attend the City's pre-construction meeting for the project
and must be present on-site during all clearing/grading activities to monitor
that the clearing/grading activities stay within the designated limits. During
this period, the biologist shall also monitor and survey the habitat, on a daily
basis, within the area to be cleared/graded and any habitat within 500 feet of
said area for any evidence that a Gnatcatcher nest(s) exists or is being built.
Weekly monitoring summaries shall be submitted to the Planning Division.
Should evidence of a Gnatcatcher nest(s) be discovered, the grading
operation shall cease in that area and be directed away from the Gnatcatcher
nest(s) to a location greater than 500 feet away from the nest(s). If grading
is required to stop due to the presence of active nests, the applicant shall be
required to provide erosion control to the satisfaction of the City Engineer.
This paragraph must be included as a note on the cover sheet of the
clearing/grading plan.
22. Upon completion of the clearing/grading activities, the applicant's biologist
shall submit to the Director of Development Services a biological monitoring
report summarizing the daily observations of the biologist, including whether
any Gnatcatchers or evidence of active Gnatcatcher nests were present
during clearing and grading activities within the area and any habitat within
500 feet of said area.
23. At a minimum, all protected areas, as shown on the grading plan, shall be
staked by a licensed surveyor, and delineated with lathe and ribbon. The
applicant shall have said staking inspected by the Engineering Inspector
prior to any grading, clearing or grubbing. 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-05-55
Page 11
24. The biologist shall provide the City with written confirmation that the limits of
clearing/grading are in accordance with the project's Biological Resource
Assessment.
25. The applicant's Engineer shall provide a plat map and legal description
showing the Biological Conservation Easement area. The plat map
submitted shall be an original, and shall be stamped and signed by the
Engineer. Separate plan check fees will be required for review of this
easement.
26. The signed and notarized Biological Conservation Easement document
shall be returned to the City, for review and approval, then to be recorded
with the County of San Diego. The applicable review fees and fees for the
recordation shall be submitted by the applicant.
27. The applicant's Engineer shall provide a plat map and legal description
showing the Open Space Easement area. The plat map submitted shall be
an original, and shall be stamped and signed by the Engineer. Separate plan
check fees will be required for review of this easement.
28. The signed and notarized Open Space Easement document shall be
returned to the City, for review and approval, then to be recorded with the
County of San Diego. The applicable review fees and fees forthe recordation
shall be submitted by the applicant.
29. All on-site and off-site project grading may be required to be conducted
outside the rainy season.
30. If the applicant is unable to provide a water connection through Saddlebrook
Estates then any modifications to water connection points can be approved
as a Minor Revision of the Minor Development Review Application, and any
revisions shall be to the satisfaction of the Director of Development Services.
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:
1. The building plans shall be consistent with the approved site plans and
grading plans dated March 14, 2005, and floor plan and elevations dated
June 20, 2005, on file in the Development Services Department, except as
modified by the conditions herein.
(Engineering)
2. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer throughout the duration of the
Resolution No. P-05-55
Page 12
construction period. The developer shall maintain all erosion control devices
throughout their intended life.
3. 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 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.
4. 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:
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.
5. A $2,000 erosion control cash security shall be posted with the City.
6. 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.
7. Prior to delivery of combustible building materials, the on-site water system
shall satisfactorily pass all required tests and be fully operational.
8. 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
Meter Cost
Expansion Fee*
Service Line
SDCWA Capacity Fee**
SDCWA Water Treatment Fee**
'y.-inch
$ 130
$3,710
$1 ,430
$3,985
$ 153
1-inch
$ 270
$6,678
$1 ,430
$6,376
$ 245
*
If a 1" meter is required only for fire safetylsprinklers, then 'y."
fees for expansion and SDCWA will be applicable.
To be paid by separate check, payable to the San Diego
County Water Authority.
**
Sewer:
Serviced by a septic system
Resolution No. P-05-55
Page 13
Traffic Mitigation =
Park =
Drainage =
$ 990
$2,720
$1,570
9. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
(Planning)
10. 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) 679-2570.
11. Exterior building materials and finishes shall reflect the approved elevations
on file with the City, and shall consist of muted earth tones and a tile roof as
noted on the building plans to the satisfaction of the Director of Development
Services.
12. The maximum height of any fence or wall shall not exceed 6 feet. No walls
or fences shall be installed that may constrict wildlife movement through any
open space corridors specifically created for the movement of wildlife as part
of the Poway HCP, except as approved by the City of Poway prior to
installation.
13. All living quarters shall be equipped with low-flow plumbing fixtures.
14. An Affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be paid
prior to Building Permit issuance.
15. Fire Fuel Management Zones shall be shown on Building Permit site plans.
F. The applicant shall comply with the following conditions prior to occupancy:
(Engineering)
1. Private driveway improvements, access road improvements, water line
improvements, all new drainage facilities, slope landscaping and protection
measures, and all utilities, shall be constructed and completed by the
property owner, and inspected by the Engineering Inspector.
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.
Resolution No. P-05-55
Page 14
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. 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.
6. A private road maintenance agreement, in a form satisfactory to the City
Attorney, for the maintenance of the widened and improved access road
between the northerly termination point of Midland Road, north of Twin
Peaks Road, and the driveway servicing the subject property shall be
executed by the property owner, and submitted to the Engineering Division.
Said agreement is to comply with Ordinance No. 280, and the City of Poway
Municipal Code Section 12.20.060. The applicant shall provide to the City
a legal description and plat map for this agreement.
(Planning)
7. No encroachments of any kind whatsoever are permitted upon any existing
utility easements or the Biological Conservation Easement.
8. Permanent poles, a minimum of 4' and a maximum of 6', shall be installed
between the approved development area of the parcel and the Biological
Conservation Easement bordering the area of native habitat to delineate in
perpetuity the conservation values and function of the property to the
satisfaction of the Director of Development Services. Said poles shall be
reflected on the landscape plans and revised site plan.
9. Landscape and irrigation shall be installed and maintained in accordance
with the approved landscape and irrigation plans, habitat restoration plan, and
fuel management plan on file with the City of Poway Planning Division,
consistent with slope planting and the approved fire management zones and
the City of Poway Guide to Landscape Requirements.
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.
Resolution No. P-05-55
Page 15
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. Every building hereafter constructed shall be accessible to Fire Department
apparatus by way of access roadways with all-weather driving surface of not
less than 16 feet of unobstructed width, with adequate roadway tuming
radius capable of supporting the imposed loads of fire apparatus, and having
a minimum of 13 feet 6 inches of vertical clearance. The road surface type
shall be approved by the City Engineering Inspector, pursuant to the City of
Poway Municipal Code.
5. Dead end access roadways in excess of 150 feet long shall provide
provisions for the tuming around of Fire Department apparatus. Curves and
topographical conditions could alter the requirements for turnarounds and
the width of access ways.
6. 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).
7. The applicant shall comply with the City of Poway Guide to Landscape
Requirements as it relates to Fire Fuel Management Zones.
8. A fire hydrant will be required within 500 feet driving distance of the
residence.
Section 6: This Minor Development Review Application 04-87 shall expire on
August 16, 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 7: 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 August 16, 2005.
Resolution No. P-05-55
Page 16
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 16th day of August 2005.
ATTEST:
L. Diane
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-05-55 was duly adopted by the City Council
at a meeting of said City Council held on the 16th day of August 2005, and that it was so
adopted by the following vote:
AYES: REXFORD,EMERY,CAFAGNA
NOES: NONE
ABSENT: BOYACK, HIGGINSON
DISQUALIFIED: NONE
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City of Poway