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Res P-06-09 RESOLUTION NO. P-06-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR DEVELOPMENT REVIEW APPLICATION (MORA) 05-37 ASSESSOR'S PARCEL NUMBER 321-031-05 WHEREAS, Minor Development Review Application (MORA) 05-37, submitted by Wayne and Maya Chan, Applicants, requests approval to construct a 5,478-square-foot, two-story, single-family residence; an attached, 1,054-square-foot garage; and a 1,293-square-foot, detached guest house on a 3.29-acre, vacant parcel located on the south side of Orchard View Lane, north of Golden Sunset Way, within the Rural Residential B (RR-B) zone and within a Hillside/Ridgeline area; and WHEREAS, on February 7, 2006, 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, MORA 05-37, 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 in a residential zone. Section 2: Pursuant to the Poway Habitat Conservation Plan (HCP), a habitat assessment, "Biological Technical Report for the Chan Property, Poway, CA", was prepared by Victor Novik in June 2005 to identify habitat and assess impacts associated with construction of a single-family residence. Project grading and brush clearance for Fire Management Zones will impact 0.25 acres of Coastal Sage Scrub (CSS) as identified in the biological report. In accordance with the Poway Subarea Habitat Conservation Plan (PSHCP), the required findings for approval of the proposed mitigation for the removal of habitat for construction of a single-family house and attached garage are as follows: A. The project site is located outside of the Mitigation Area boundary of the Poway Habitat Conservation Plan. The site contains 0.14 acres of Southern Willow Scrub (SWC) and 0.67 acres of Coastal Sage Scrub (CSS). Development of the site will result in impact to 0.25 acres of CSS on-site. The applicant will mitigate the impact to 0.25 acres of CSS at a 2:1 ratio. Said mitigation will be made through the payment of In-Lieu Fees. The mitigation is consistent with and furthers the implementing objectives of the PSHCP. Resolution No. P-06-09 Page 2 B. Payment of the In-Lieu Fee will contribute toward the building of the ultimate mitigation area preserve. Therefore, the payment of the fee serves to enhance the long-term viability and function of the preserve system. C. The mitigation will provide long-term benefit to the covered species and their habitats in that the In-Lieu Fee will be used to cover the long-term operation, maintenance, and management costs of the HCP preserve system. D. The payment of the In-Lieu Fee will foster incremental implementation of the HCP in an effective and efficient manner. E. The mitigation will not result in a negative fiscal impact with regard to the successful implementation of the PSHCP. Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code, to approve MDRA 05-37, to construct a 5,478-square-foot, two-story, single- family residence, an attached, 1,054-square-foot garage, and a 1,293-square-foot, detached guest house on 3.29-acre, vacant parcel located along the south side of Orchard View Lane, are as follows: A. That the home and garage have been sited within areas that 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 an architecturally related impact upon adjoining properties, as the residence is consistent with surrounding residences in that the proposed residence is a custom residence on a rural residential parcel. Therefore, the proposed design, size, and scale of the residence 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 D. That the project has been designed to minimize impacts on the surrounding community by utilizing architectural design elements of varying roof heights and wall planes, a stepped down garage, and columns faced with stone veneer typically found in custom homes in the surrounding neighborhood. The exterior colors and materials proposed are adobe stucco walls, sage green trim, stone veneer and a blended concrete tile roof. Therefore, the proposed development respects the public concerns for the aesthetics of development; and Resolution No. P-06-09 Page 3 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 connect to existing public utilities and roadways; and F. 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, 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 MORA 05-37, to allow the construction of a 5,478-square-foot, two-story, single-family residence, an attached, 1,054-square- foot garage, and a 1,293-square-foot, detached guest house on a 3.29-acre, vacant parcel located along the south side of Orchard View Lane, consistent with the site plans, conceptual grading plan, elevations and floor plans dated October 28, 2005, on file with the Planning Division, subject to the following conditions: A. Approval of this MORA 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 MORA 05-37 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. Development on the site must comply with the Poway Noise Ordinance (Section 8.08 of the Poway Municipal Code). Construction work is specifically regulated by Section 8.08.100 of the Code, which states that it is unlawful for the operation Resolution No. P-06-09 Page 4 of any single or combination of powered construction equipment at any construction site on Mondays through Saturdays except between the hours of 7:00 a.m. and 7:00 p.m. E. 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) ratio. Tops and toes of graded slopes shall be shown with a minimum five-foot setback from 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 a Grading Permit. b. The private driveway, in compliance with the specifications provided in Section 17.08.1700 of the Poway Municipal Code, including a cross-section, finish elevations, grades, and the connection of the driveway to the un-named access road in front of the property. c. A separate erosion control plan for prevention of sediment runoff during construction. d. Encroachments are not permitted upon any easement without an approved Encroachment Agreement! Permit. e. Method of water connection and service to the dwelling and guesthouse. This shall include the proposed water line and its connection to the fire hydrant. 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 installed underground. Resolution No. P-06-09 Page 5 g. Fire Management Zones consistent with City Standards and as approved by the Fire Marshal. h. Identify the location of mature trees to be removed and those to be retained. i. The location and type of concrete block wall as required by the Fire Marshall to reduce off-site fuel modification zones. The wall shall be no greater than 6 feet in height and constructed of a tan slump stone block or a decorative block material approved by the Development Services Department prior to construction. j. Identify road improvements from Orchard View and the connection with the existing driveway to the west. k. Any retaining walls shall consist of decorative block or colored stucco construction and/or keystone wall with plantable cells, and may be subject to a separate Building Permit. All walls shall maintain a minimum 5-foot clearance from any structures. I. Location of staging area for construction materials and for parking of construction vehicles on-site. No construction activity shall be permitted to impact the existing private roadways or obstruct surrounding residential traffic. 2. A letter of permission from all adjacent affected property owner(s) for all off-site grading and drainage work. 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. The cut slope shall be no steeper than two horizontal to one vertical. Any steeper slopes shall be approved by the City Engineer, and requires the soils report to include calculations showing that such slopes contain a factor of safety greater than 1.5, both in mass stability, as well as surficial stability. Also, a slope stability analysis must be included with the soils report for any cut slope over two feet in height regardless of the slope ratio. A minimum safety factor of 1.5 is required. If the proposed 1.5:1 cut slope is constructed in granite, it shall be graded with stair-step benches no more than one (1) foot high cut into the surface, as approved by the soils engineer. 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 surface water flowing onto the project site from adjacent lands, if any. Said Resolution No. P-06-09 Page 6 system shall include any needed easement(s) required to properly handle the drainage. Large concentrated runoffs (3 cubic feet per second and greater) shall not be discharged over the driveway and into the street. The drainage study shall include calculations for the sizing of the proposed de-silting basins. 5. The grading plans shall include widening of the private driveway off Orchard View Lane to 16 feet, including a typical section, and the transition to Orchard View Lane; widening adjacent to the intermittent stream; extension of the existing storm drain, if necessary; and the associated retaining wall construction. An asphalt curb shall be provided along the widened edge of the road as a buffer between vehicular traffic and the retaining wall. Street drainage shall be accomplished through an on-site detention basin and shall not be permitted to flow into the natural stream. 6. The grading plans shall demonstrate that this project complies with the City of Poway Ordinance 569 for Standard Urban Storm Water Mitigation Plan regulations. Specifically, the project shall identify primary and secondary pollutants resulting from the development that might impair the receiving waters; establish storm water Best Management Practices (BMPs); establish source control BMPs; select treatment control measures to address pollutants; and require annual inspection and maintenance of all storm water facilities after their installation. 7. 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 (NOI) 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: California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 (858) 467-2952 8. 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 Resolution No. P-06-09 Page 7 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 BMPs 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. 9. The property owner shall pay all applicable engineering plan checking, permit, and inspection fees. 10. Grading securities in the form of a performance bond and a cash deposit, or a letter of credit shall be posted with the City. A minimum of $2,000 cash security deposit for erosion prevention and sediment control is required. 11. An analysis of the existing public water system to accommodate the new fire hydrant will be prepared by the City, and the applicant shall post the fees for the analysis. In accordance with the results of the water analysis, separate improvement plans for the installation of the water main and the fire hydrant shall be prepared by the applicant's project engineer and submitted to Development Services - Engineering Division, for review and approval. The plans shall include a profile of the water main, as well as the widened driveway. The applicable plan check and inspection fees for the water improvement plans shall be paid at the time of project submittal. 12. The applicant 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 shall be provided using one or more of the following guidelines: a. Provide on-site de-silting basin(s) 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. 13. Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. The graded area of the site shall be set back a minimum distance of 50 feet from the Resolution No. P-06-09 Page 8 outermost boundary of the adjacent natural streambed in order to avoid any damage to this area. This area, or any other protected area, shall be staked by a licensed surveyor and delineated with lathe and ribbon. A written certification from the engineer of work shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the plans. 14. A leach field layout for the residence sewage disposal system shall be submitted to the Engineering Division for review and approval prior to obtaining a septic permit from the San Diego County Health Department. If the permit is obtained without a City-approved layout, a copy shall be submitted prior to installation of the leach lines. The septic system, including the leach filed, shall be shown on the grading plan. The septic field shall be located at least fifty feet (50') away from the proposed water line. Additionally, no septic system shall be installed within two hundred feet (200') of an intermittent stream unless the entire system, including leach lines, are a minimum of ten (10) feet above the high water line. 15. 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. 16. Non-supervised or non-engineered fill is specifically not permitted. Rock disposal areas shall be graded in compliance with City-approved soils investigations and recommendations, and the approved grading plan. 17. All on-site and off-site project grading may be required to be conducted outside the rainy season. (Planning) 18. The applicant shall provide mitigation to the satisfaction of the Director of Development Services consistent with the Poway Habitat Conservation Plan and mitigate impacts to 0.25 acres of Coastal Sage Scrub at a 2:1 mitigation ratio (O.50-acres total). Mitigation shall be made through the payment of In-Lieu Fees at the established rate. Presently, the In-Lieu Fee rate is $1 O,OOO/acre. 19. In accordance with Condition H of the PSHCP 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, any grading or clearing during this time Resolution No. P-06-09 Page 9 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 the CSS habitat and Gnatcatcher Survey, and a map showing all habitat areas, including all CSS habitat, within 500 feet of the area to be graded. 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 if CSS habitat is 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 USFWS. The scope of work shall explain the survey methodology for the biological survey and the proposed Gnatcatcher nest monitoring activities during the c1earinglgrading operation. b. Should the survey show, to the satisfaction of the Director of Development Services, that active Gnatcatcher nests are not present within the area to be graded or cleared, or within 500 feet of said area, approval may be granted to commence grading/clearing within the Gnatcatcher nesting season between February 15 and July 1. c. If Gnatcatchers are present within the area to be graded/cleared, or within 500 feet of that area, no grading will be allowed unless appropriate mitigation is completed. 20. The biologist shall provide the City with written confirmation that the limits of c1earinglgrading and brush management in the field are in accordance with the project's Biological Technical Report referenced in Planning Condition #17 above. 21. Pursuant to the Poway Guide to Landscape Requirements and the Fuel Management/Landscape requirements, a detailed landscapelirrigation plan and review fee shall be submitted. Any wall provided to satisfy fire fuel management requirements shall be shown on the plan. All Resolution No. P-06-09 Page 1 0 landscaping and irrigation, and any fire management wall shall be installed to the satisfaction of the Director of Development Services and the Fire Marshal prior to the issuance of a Certificate of Occupancy. Manufactured slopes greater than 5: 1 shall be planted with a combination of ground cover, shrubs, and trees (with ratios and sizes consistent with the guidelines), and shall be provided with an automatic irrigation system operational at the time of final inspection. A $525.00 plan check feeldeposit is required with the landscape plan submittal package. The plans shall include the following: a. Below-grade automatic irrigation system. b. Plant sizes and species for manufactured and disturbed slopes greater than a 5:1 slope. The plans should reflect one 15-gallon tree per 750 square feet of slope area and one 1-gallon shrub for each 100 square feet of slope area, and ground cover. Plant species must comply with the Fire Management Zone requirements. c. Limits of Fire Management Zones. d. Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. All utility boxes shall be provided with shrubs to screen the view of the utility boxes from the roadway to the satisfaction of the Director of Development Services. e. Location and design of any new access gates. The access gates shall consist of wrought iron, a maximum height of 6 feet, with decorative block or colored stucco pilasters. 22. The electric pole at the northwest corner of the project site shall be removed and all new utilities shall be installed underground. F. 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. Resolution No. P-06-09 Page 11 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: 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 Division prior to Building Permit issuance. These fees are currently in effect and are subject to change. Water: Meter Expansion Fee Service Line SDCWA Capacity.. SDCWA Water Treatment Capacity 0/.. inch $ 130 $3,710 $1,430 $4,154 $ 159 1 inch $ 270 $6,678 $1,430 $6,646 $ 255 . If a 1" meter is required for fire safety only, 0/.." meter fees for expansion and SDCWA will be applicable. To be paid by separate check made payable to the San Diego County Water Authority. .. Traffic Mitigation = Park = Drainage = $ 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 October 28, 2005, on file in the Development Services Department, except as modified by the conditions herein. Resolution No. P-06-09 Page 12 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) 679-2570. 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 earth tone decorative block or stucco finish consistent with the exterior of the proposed residence. 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. A landscape/irrigation plan shall be submitted for review and approval by the Development Services Department in accordance with the applicable requirements of the City of poway Guide to Landscape Requirements and Fire Management. The landscape and irrigation plan shall indicate the following: a. Below-grade automatic irrigation system. b. Plant sizes and species for manufactured and disturbed slopes greater than a 5:1 slope, which reflect one 15-gallon tree per 750 square feet of slope area and one 1-gallon shrub for each 100 square feet of slope area, and ground cover. Plant species must comply with the Fuel Management zone requirements. c. Limits of Fuel Management zone, if required by the Fire Chief. d. Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. All utility boxes shall be provided with shrubs to screen the view of the utility boxes from the roadway to the satisfaction of the Director of Development Services. e. Location of and type of all walls, fences and retaining walls. The maximum height of any fence or wall, or combined fence and wall, shall not exceed 6'0" feet. All walls shall be of tan slump stone, decorative block or stucco finish consistent with the exterior of the proposed residence. 13. 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 05-37 (MDRA 05- Resolution No. P-06-09 Page 13 37), involving a detached guest house, 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. G. The applicant shall comply with the following conditions prior to occupancy: (Engineering) 1. Driveway construction, water line improvements, installation of new site drainage facilities, planting of the slopes, the access way widening off Orchard View, and installation of all off-site utilities, including services shall be performed and completed by the property owner, and inspected by the Engineering Inspector. 2. A Private Road Maintenance Agreement, in a form satisfactory to the City Attorney, for maintenance of Orchard View Lane, between Golden Sunset Lane to the unnamed widened access driveway, shall be executed by the property owners, and submitted to Engineering Division. Said agreement is to comply with Ordinance No. 280, and City of Poway Municipal Code Section 12.20.060. A legal description and plat map shall accompany the agreement. 3. A Storm Water Facilities Maintenance Agreement for maintenance of all structural BMPs (Best Management Practices), satisfactory to the Director of Development Services, shall be executed and recorded by the property owners. 4. 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. 5. All proposed utility services within the project site shall be installed underground. 6. The developer shall, to the satisfaction of the City Engineer, repair any and all damages to the roads caused by construction activity from this project. 7. 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-06-09 Page 14 (Planning) 8. All permanent landscaping and an automatic irrigation system for landscaping on all manufactured slopes greater than 5:1 and Fire Management zones shall be installed and operational at time of final inspection. 9. Exterior building materials and finishes shall reflect the approved elevations on file with the City, and the exterior finishes shall consist of muted earth tones and tile roof, and shall be noted on the building plans to the satisfaction of the Director of Development Service. H. 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. The 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. 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. 6. A residential fire sprinkler system with a one-inch meter will be required for the primary residence and guest house. Plans shall be submitted to the Fire Prevention Bureau for approval prior to issuance of a Building Permit. (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 Management Zones. Resolution No. P-06-09 Page 15 8. An electric powered gate across the access way to the residence shall have a Knox override key switch that shall be ordered through the Poway Fire Department. 9. A fire hydrant will be required within 500' maximum driving distance to the residence. Section 6: This MDRA 05-37 shall expire on February 7, 2008, 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 February 7,2006. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 7th day of February 2006. ATTEST: ~~~ L. Diane Shea, City Clerk Resolution No. P-06-09 Page 16 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-06-09, was duly adopted by the City Council at a meeting of said City Council held on the 7th of February 2006, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, CAFAGNA NOES: NONE ABSENT: REXFORD DISQUALIFIED: NONE ~~ ( L. lane Shea, City Clerk City of Poway