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Vacation of Open Space Easement 2021-0196083RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 DOC# 2021-0196083 1111111111011111111111111111111111111111111111111111111111111111 111 Mar 12, 2021 04:59 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 18 (This space for Recorder's Use) APN: 314-840-10 Index as a Resolution VACATION OF OPEN SPACE EASEMENT Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 By the attached Resolution No. 20-030, the City of Poway, a municipal corporation, does hereby vacate a portion of the Open Space Easement recorded on Lot 10 of City of Poway TM 89-09, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 14091, filed in the Office of the County Recorder of San Diego County, December 5, 2000, as File No. 2000-0659006, more particularly described in Exhibit A and Exhibit B, attached hereto. ATTEST: V- da Pav City of Po las, CM ay ity Clerk Steve Vaus, Mayor City of Poway RESOLUTION NO. 20-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 19-004 AND MINOR DEVELOPMENT REVIEW APPLICATION 18- 014 FOR THE CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE AT THE WEST END OF DEL PONIENTE ROAD, AND MODIFICATION OF MITIGATION MEASURES AND CONDITIONS OF APPROVAL TO ALLOW A TWO-STORY HOME AND REVISE THE BOUNDARY OF AN EXISTING OPEN SPACE EASEMENT ON LOT 10 OF WILLIAMS RANCH, ASSESSOR'S PARCEL NUMBER 314-840-10 WHEREAS, on November 20, 1990, the City Council approved Tentative Tract Map (TTM) 89-09 (Resolution P -90-87A), a 10 -lot residential subdivision of an approximately 77 -acre property known as Williams Ranch and the Mitigated Negative Declaration for TTM 89-09 subject to mitigation measures and conditions of approval; WHEREAS, mitigation measures and conditions of approval in Resolution P -90-87A related to Site Development and General Requirements and Approvals, restricted future development on Lots 3, 5, 9, and 10 to one-story to preserve scenic views of higher Tying areas and established open space easements over portions of Lots 5, 6, 7, 8, 9, and 10 within the subdivision for protection of biological resources, land formations, rock out-croppings, and/or scenic views of the project site; WHEREAS, the City Council considered TTM 19-004 and Minor Development Review Application (MDRA) 18-014 for a request to construct a 6,982 square -foot, single-family home and a 2,492 square -foot garage, workshop, and storage area on Lot 10 of the Williams Ranch Subdivision, a vacant lot at the westerly terminus of Del Poniente Road located in the Rural Residential A (RR -A) zone and a revision to TTM 89-09 to modify adopted conditions of approval and mitigation measures to remove the one-story development restriction on Lot 10 and to modify the shape and location of the open space easement on Lot 10 shown on TTM 89-09 and Final Map #014091; WHEREAS, on May 19, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to TTM 19-004 and MDRA 18-014; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered all other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for TTM 19-004, are made as follows: A. The TTM revision is consistent with the General Plan in that it would allow for the construction of a two-story single-family residence at the approved density whose projection above a nearby natural landform would be minimal, and the vacation of a portion of the existing open space easement to allow for fire fuel management zone would provide Resolution No. 20-030 Page 2 for continued preservation of rock outcroppings and slopes leading up to a hilltop subject to mitigation measures pursuant to the Mitigated Negative Declaration prepared for the project. B. The design and improvements required of the TTM revision are consistent with the General Plan, in that the building's four -foot extension above the nearest knoll to the east will be minimal. Mitigation measures will be incorporated pursuant to the Mitigated Negative Declaration to require buildings and landscaping to visually blend in with the natural setting and to prohibit placement of structures, grading and land alterations within the area to be vacated. C. The site is physically suitable for the type of development in that the two-story structure and associated required Fire Fuel Management Zones can be accommodated with less than significant impacts to scenic views of the site subject to incorporation to mitigation measures pursuant to the Mitigated Negative Declaration prepared for the project. D. The design of the revised TTM is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, in that the 0.12 acre area to be vacated from the Open Space easement will be replaced by an area of equal habitat and function by placing an open space easement over a 0.12 -acre area contiguous to the northern boundary of the existing easement. The habitat impact and mitigation of the proposed project will be consistent with the Master Mitigation Agreement for TTM 89-09 — Williams Ranch negotiated between the City of Poway and the Department of Fish and Game and the U. S. Fish and Wildlife Service. E. The approval of the TTM is not likely to cause serious public health problems in that the revisions will not negatively affect the City's ability to provide water service to the site or the applicant's ability to provide an approved septic system on-site. F. The revisions to the TTM will not conflict with any easement by the public at large, now on record, for access through or use of the property within the subdivision in that only the existing open space easement will be modified in a manner that would not obstruct or otherwise impact existing easements that is accessible to the public at large. The open space easement was established for the benefit of the City of Poway solely to restrict the uses that can be put on the land and to preserve the existing landscape. SECTION 2: The findings for MDRA 18-014, in accordance with the Poway Municipal Code (PMC) Section 17.52.010 Purpose of Development Review, are made as follows: A. The project has been designed to conform to the General Plan and City development standards, as well as hillside/ridgeline requirements. The proposed development complies with grading limitations and the Hillside Development policies of the General Plan and will incorporate mitigation measures pursuant to the Mitigated Negative Declaration prepared for the project. The development area will be sited in the most level area of the site and incorporate a split pad; the colors of the building and landscaping will visually blend in with the natural setting; and structures, grading, and other land alterations other than thinning of vegetation for fire fuel management purposes will be prohibited in the area to be vacated from the existing open space easement. Therefore, the development respects the interdependence of land values and aesthetics to the benefit of the City. Resolution No. 20-030 Page 3 B. The project structure and landscaping will have an orderly and harmonious appearance, in that this project will comply with current City design standards and consistent with existing development in the surrounding neighborhood. C. The proposed development will maintain the public health, safety and general welfare within the City in that it will meet City grading, building, and stormwater quality requirements and comply with City standards for hillside development and development within the Very High Fire Hazard Areas. D. The granting of the MDRA would be cognizant of the public concerns for aesthetic development in that the development will consist of a single-family home and landscaping with colors and materials compatible with the natural setting. E. The project will not have an adverse aesthetic, health, safety or architecturally related impact upon adjoining properties or the City in general, in that the project will be similar to other development in the Subdivision, will comply with City design standards for hillside development, and meet City grading, building, and stormwater quality requirements. F The project complies with all the provisions of the zoning ordinance and the general plan. SECTION 3: The findings, in accordance with 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, except for sewer where instead a septic tank and leach line will be installed in compliance with City Ordinances. B. In accordance with the Poway General Plan, the project requires the payment of development impact 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 TTM 19-004 and MDRA 18-014, as shown on the approved plans stamped "Exhibit A", dated May 19, 2020, and incorporated herein by reference on file in the Development Services Department except as noted herein and subject to the following conditions. This approval includes removing Lot 10 from the one-story home restriction established by TTM 89-09 and modifying the shape and location of the Open Space Easement on Lot 10 as described in the biological report titled "Report of a Biological Assessment over APN 314-840-10, Williams Ranch Lot 10 City of Poway, California" dated September 26, 2018 and revised June 20, 2019, prepared by Cummings Environmental, Inc. on file in the Development Services Department. A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the project approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to TTM 19-004 and MDRA 18-014) and any environmental document or decision made Resolution No. 20-030 Page 4 pursuant to CEQA. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation -related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. B. This approval is based on the existing site conditions and proposed project details represented on the approved plans stamped as "Exhibit A" and dated May 19, 2020 on file in the Development Services Department. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans. C. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and noise levels. D. Conditions of Approval listed in Resolution P -89-87A approving TTM 89-09 are fully incorporated herein by this reference except as modified in this Resolution. The project shall comply with all conditions of approval and mitigation measures established under previous project entitlements unless otherwise modified or superseded by these conditions of approval contained herein as determined by the Director of Development Services. E. The conditions for the project shall remain in effect for the life of the subject property, shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. F Prior to issuance of a Building Permit, the applicant shall obtain approval of a Grading Permit. Compliance with the following conditions is required prior to issuance of the Grading Permit: (Engineering) 1. Submit a precise grading plan for the development of the lot prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100 percent complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the Poway Municipal Code (PMC) shall be submitted. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the grading plan and be appropriately sized for the proposed level of development. Resolution No. 20-030 Page 5 3. A drainage study addressing the impacts of the 100 -year storm event prepared by a licensed Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer. 4. Water Quality Control — Design and Construction The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. A Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submittedand approved. Once approved; a. Provide an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the PMC, and a signed PDF version. b. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in section 16.104 of the PMC. 5. Water Quality Control — Construction Storm Water Management Compliance The project proposes to disturb an area greater than one acre. Proof of coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP). 6. Grading securities shall be posted with the City prior to grading plan approval per section 16.46.080 of the PMC. A minimum cash security of $2,000 is required in all instances. 7. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 8. Following approval of the grading plans, posting of securities and fees, and receipt of four copies of the approved plans, the applicant shall attend a pre -construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 9. Prior to start of any work within a City -held easement 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. Resolution No. 20-030 Page 6 10. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. At a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. (Planning) 11. Retaining walls shall be limited to six feet and shall be constructed using decorative block. A general note shall be added to the grading plan regarding this requirement. 12. Prior to the issuance of a Grading Permit or Administrative Clearing Permit, whichever occurs first, the applicant shall record a Fire Fuel Management Zone Easement over the 0.12 -acre area to be vacated from the existing Open Space Easement on Lot 10 as shown on the approved MDRA plans for the purpose of preserving views and natural landform. The Fire Fuel Management Zone Easement shall allow the modification of vegetation as required by the Fire Marshall by mowing, thinning, and planting of new vegetation that visually blend in with the surrounding natural vegetation to the satisfaction of the Director of Development Services as shown on the approved landscape plan. The easement shall prohibit grading and any other land alterations as well as installation of any structures and fencing. The Fire Fuel Management Zone Easement shall be approved by the City Attorney and shall be notarized and recorded with the County of San Diego. The applicant shall be responsible for preparing the legal plat map and description, submittal of this information to the City, and City easement plan check fees. 13. Prior to approval of the Grading Permit or Administrative Clearing Permit, whichever occurs first, the applicant shall record an Open Space Easement (OSE) over septic fields and related appurtenances (approximately 0.46 acres) and located outside the approved two -acre habitat impact area. The Open Space Easement areas shall allow for the temporary disturbance of habitat in connection with the installation and maintenance of a septic system and require that the area be revegetated and irrigated with native habitat following the temporary disturbance to the satisfaction of the Director of Development Services. A legal description and plat of the OSE area shall be prepared and stamped by the project engineer and submitted to the Planning and Engineering Divisions for review. Easement review fees are required and are the responsibility of the applicant. The OSE shall be approved by the City Attorney and shall be notarized and recorded with the County of San Diego. 14. Prior to the issuance of a Grading Permit or Administrative Clearing Permit, whichever occurs first, the applicant shall mitigate the project impacts to natural habitat by establishment of a Biological Conservation Easement (BCE) in Resolution No. 20-030 Page 7 accordance with the Master Mitigation Plan established for TTM 89-09 over the remaining, approximate 7.34 acres of habitat acres of on-site habitat outside of the approved development area and the existing 3.67 acres open space easement as modified herein, for a total of 11.01 acres. The BCE shall be approved by the City Attorney and shall be notarized and recorded with the County of San Diego. The applicant shall be responsible for preparing a BCE legal plat map and description, submittal of this information to the City, and City easement plan check fees. Note: In compliance with the Poway Subarea Habitat Conservation Plan (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 BCE to Open Space - Resource Management (OS -RM) to ensure its permanent preservation. 15. Septic system improvements that are located outside of the project's maximum two -acre habitat impact area shall be revegetated consistent with adjoining native habitat once completed in accordance with the Master Mitigation Agreement established for the Williams Ranch Subdivision. The septic field revegetation and monitoring shall be included in the landscape plans. 16. Permanent poles with City -approved BCE signs shall be installed along the perimeter of the BCE adjacent to the approved development area and open space easements of the parcel per the approved site and landscape plans. The signs shall be purchased by the applicant. 17. To avoid potential impacts to the California Gnatcatcher and CSS, 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. Because proposed development will be within 500 feet of CSS habitat, the habitat of the California Gnatcatcher, grading activities during this time frame will only be permitted subject to the following conditions having been met to the satisfaction of the Director of Development Services. 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 during nesting season. 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 and/or 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. 20-030 Page 8 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. 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. If gnatcatchers are nesting 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. The biologist must attend the City's pre -construction meeting for the project and must be present onsite 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). The applicant shall be required to provide erosion control, to the satisfaction of the City Engineer. 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. This condition must be included as a note on the cover sheet of the clearing/grading plan. 18. At a minimum, all protected biological 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. 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. 19. Landscape and irrigation plans shall be submitted. The project site shall be landscaped and irrigated in compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. This includes but is not limited to the submittal of an irrigation audit report, pursuant to Section Resolution No. 20-030 Page 9 17.41.110 of the PMC, prior to final inspections/issuance of a Certificate of Occupancy. The landscape and irrigation plan submittal is a separate submittal from other project plan check submittals and is made directly to the Planning Division. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. a. Incorporate trees and shrubs in compliance with the Landscape and Irrigation Design Manual which provide a visual transition from the vertical element of the home to the nearby natural knolls and ridgeline to the satisfaction of the Director of Development Services. b. The plans shall call out the location of the Fire Fuel Management Zone Easement and the method by which the vegetation can be modified in accordance with the Easement. Existing vegetation should be retained and trimmed to comply with FMZ regulations when feasible. c. In accordance with Poway General Plan requirement for hillside development, the landscaping shall utilize materials similar in appearance to the existing native vegetation. d. The plans shall show septic system improvements located within open space easement to be revegetated with native habitat in accordance with the Master Mitigation Agreement established for Williams Ranch. The plans shall provide details on the method of revegetation and monitoring. e. The plans for landscaping shall, at minimum, show irrigation, and sizes and species for Fire Fuel Management Zones and all manufactured slopes steeper than 5:1. f. Street trees will be required to be planted along the frontage of Del Poniente Road prior to final occupancy. The trees must be a minimum of 15 gallons and planted, on average, every 60 feet along the frontage. Irrigation must be installed at each tree location. The tree species and location shall be to the satisfaction of the Fire Marshal. g. The plans shall call out the location of permanent poles with signs to be installed along the border between the approved development area of the lot and the BCE to delineate in perpetuity the conservation values and function of the BCE area. The signs shall be four feet to six feet in height, at a maximum spacing of approximately 40 feet to the satisfaction of the Director of Development Service. h. A note shall be added to the plans that if construction of the residence does not commence within 90 days of completion of grading, all manufactured slopes steeper than 5:1 shall be hydroseeded and irrigated to the satisfaction of the Director of Development Services. G. Prior to building permit issuance, unless other timing is indicated, the following conditions shall be complied with: Resolution No. 20-030 Page 10 (Building) 1. The plans shall comply with the current California Code of Regulations with local amendments identified in PMC Title 15 at the date of submittal to the Building Division for review. (Engineering) 2. The site shall be developed in accordance with the approved grading 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. 3. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 4. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a. Two copies of certification of line and grade for the lot, prepared by the civil engineer of work. b. Two copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval by the City. 5. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. (Planning) 6. Fences and freestanding walls shall be shown on the site plan included with the building plans. The maximum height of any fence or wall, or any combination thereof, shall not exceed six feet. However, within the required front yard setback, at a minimum, the top two feet of a six-foot fence or wall shall be constructed of open fencing. 7. 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. An Affordable Housing In -Lieu Fee of for the main residence in effect of the time of building permit issuance shall be collected. 9. The Residence shall be equipped with low -flow plumbing fixtures. Resolution No. 20-030 Page 11 10. Exterior building materials and finishes shall be muted earth -tone colors that visually blend in with the natural setting to the satisfaction of the Director of Development Services. The building plans shall call out the colors of exterior finishes. 11. A Deed Covenant shall be recorded agreeing to maintain the Fuel Management Zones per the approved Landscaping Plan. Compliance with the following conditions is required prior to occupancy and release of securities: 1. The site shall be developed, and the building elevations shall be constructed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from appropriate City departments will be required. (Engineering) 2. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 3. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground. 4. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 5. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project. 6. The stormwater facilities shall be complete and operational prior to occupancy. 7. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy. 8. After completion of all work, record drawings, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Approval of record drawings is required prior to issuance of occupancy and release of grading securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended. (Planning) 9. Landscaping shall be installed per the approved landscape plan and the irrigation audit report shall be submitted, pursuant to Section 17.41.110 of the PMC. Resolution No. 20-030 Page 12 10. The site shall be cleared of all construction materials, supplies, and equipment. 11. All light fixtures shall be designed, shielded and adjusted to reflect light downward, away from any road or street, and away from any adjoining premises. J. The following conditions shall be complied with to the satisfaction of the Fire Chief: 1. This project is located within the Very High Fire Hazard Area of the City and is new construction; therefore, California Building Code Chapter 7A and PMC 15.24 will apply. 2. Ignition Resistant Class I construction is required as described in the California Building Code Chapter 7A. 3. The approved fire apparatus access for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on site. 4. All flammable vegetation within the approved fuel modification zone shall be modified per the approved landscape plans prior to the arrival of combustible material on the site and shall be maintained during the duration of the project until all elements of approved fuel modification zones are installed and approved. 5. Fire apparatus access roads shall have an unobstructed, improved width of not less than 20 -feet, except single-family residential driveways serving no more than two improved parcels containing dwelling units shall have a minimum of 16 -feet of unobstructed improved width. Access roadways shall have an all-weather, paved driving surface, a roadway interior turning radius of not less than 28 -feet, an outside turning radius of not less than 45 -feet, and capable of supporting the imposed loads of fire apparatus with a minimum of 13 -feet, six -inches of vertical clearance. Access road grades cannot exceed 20 percent. The angle of departure and the angle of approach of a fire access roadway shall not exceed seven degrees (12 percent). 6. Dead-end access roadways/driveways in excess of 150 -feet long shall be provided with approved provisions for turning around of Fire Department apparatus. Curves and topographical features could alter the requirements for turnarounds and the width of access roadways. Turnaround feature shall be located at the structure. 7. All automatic gates across fire access roadways and driveways shall be equipped with approved, emergency, key -operated switches overriding all command functions and opening gate(s). Dual keyed or dual switches shall be provided to facilitate access by law enforcement. 8. Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Numbers shall contrast with their background and shall meet City of Poway standards. The address is required at the private driveway entrance. Resolution No. 20-030 Page 13 9. Buildings and structures located within a wildland-urban interface fire area shall be setback a minimum of 30 feet from property lines and biological open space easements unless the PMC requires a greater minimum. When the property line abuts a roadway, the setback shall be measured from the farthest roadway edge. 10. Single -story structures shall be setback a minimum 15 -feet horizontally from top of slope to the farthest projection from a roof. A single -story structure shall be less than 12 -feet above grade. A two-story structure shall be setback a minimum of 30 -feet horizontally from top of slope to the farthest projection from a roof. Structures greater than two stories may require a greater setback when the slope is greater than 2:1. 11. A residential fire sprinkler system with a one -inch meter is required. A separate plan submittal and approval to the Poway Fire Department, Division of Fire Prevention, prepared by a licensed sprinkler contractor or fire protection engineer is required for the residential sprinkler system prior to installation. There is a separate fee for this plan check and inspection services. If a one -inch lateral off the street main is currently not present, one will have to be installed. If a pressure pump is required for fire sprinkler operation, auxiliary power is required. 12. The project shall comply with Section Four of the City of Poway Landscape and Irrigation Design Manual and PMC 15.24 as it relates to fuel management and defensible space. One hundred feet of fuel management consisting of 40 -feet of Zone A and 60 -feet of Zone B, is required. This distance is measured from the furthest point of all sides of a structure. Mitigation is required where 100 -feet of fuel management cannot be achieved within the parcel boundaries. Ten feet of vegetation fuel modification, meeting Zone B requirements, shall be maintained on both sides of driveway that is not already within a fuel modification zone, and along Del Poniente Road within parcel limits. The landscape plan requires a separate landscape and irrigation plans submittal prepared pursuant to the City of Poway Landscape and Irrigation Design Manual requirements. There is a separate fee for this plan check and inspection services. The applicant shall submit and receive signed approval of landscape and irrigation plans prior to the issuance of the building permit. • The Tess than 10 -feet of fuel modification along the driveway shall be mitigated by the installation of five -feet of Zone A landscape. Fuel management within the 0.12 -acre Fire Fuel Management Zone Easement shall be in accordance with the provisions of the easement and in accordance with the approved landscape and irrigation plans for the project. 13. Smoke detectors shall be installed in all bedrooms and adjoining hallways. The smoke detectors shall be hard -wired, with a battery backup, and shall be interconnected throughout. Smoke detectors shall be wired in such a manner that if one detector activates, all detectors activate. 14. Carbon monoxide detectors shall be installed in hallways adjoining bedrooms. The carbon monoxide detectors shall be hard -wired, with a battery backup, and shall be wired in such a manner that if one detector activates, all detectors activate. Resolution No. 20-030 Page 14 15. Each chimney used in conjunction with any fireplace shall be maintained with an approved spark arrester. SECTION 5: The approval of TTM 19-004 and MDRA 18-014 shall expire May 19, 2022 at 5:00 p.m., except if prior to that time a Building Permit has been issued and construction has commenced on the property, or unless prior to the expiration a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. SECTION 6: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 19th day of May, 2020 by the following vote, to wit: AYES: MULLIN, LEONARD, GROSCH, FRANK, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Steve Vaus, Mayor ATTEST: Faviola Me•' a,\CMC, City Clerk "EXHIBIT A" THAT PORTION OF LOT 10 OF CITY OF POWAY TRACT NO. 89-09, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14091, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 5, 2000 DESCRIBED AS FOLLOWS: Parcel 1: COMMENCING AT THE SOUTHWESTERLY CORNER OF AFOREMENTIONED LOT 10; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 10, NORTH 01°03'15" WEST, 194.96 FEET TO THE OPEN SPACE EASEMENT DEDICATED ON SAID LOT 10 OF AFOREMENTIONED MAP NO 14091; THENCE LEAVING SAID WESTERLY LINE AND ALONG SAID OPEN SPACE EASEMENT, NORTH 46°55'00" EAST, 207.86 FEET TO AN ANGLE POINT ON SAID EASEMENT LINE; THENCE CONTINUING NORTHERLY ALONG SAID EASEMENT LINE, NORTH 68°59'00" EAST, 26.32 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIAL BEARING OF NORTH 77°41'08" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°08'13", A DISTANCE OF 42.13 FEET; THENCE NORTH 36°27'05" EAST, 16.53 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°31'17", A DISTANCE OF 41.05 FEET TO THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIAL BEARING OF NORTH 42°40'23" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°17'57", A DISTANCE OF 10.99 FEET TO THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIAL BEARING OF NORTH 48°06'13" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37°25'36", A DISTANCE OF 65.32 FEET TO THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIAL BEARING OF NORTH 18°26'18" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°53'18", A DISTANCE OF 8.53 FEET TO THE OPEN SPACE EASEMENT DEDICATED ON SAID LOT 10 OF AFOREMENTIONED MAP NO 14091; THENCE SOUTHERLY ALONG SAID EASEMENT LINE, SOUTH 31°31'00" WEST, 106.52 FEET TO AN ANGLE POINT ON SAID EASEMENT LINE; THENCE CONTINUING SOUTHERLY ALONG SAID LINE, SOUTH 68°59'00" WEST, 79.68 FEET TO THE POINT OF BEGINNING. CONTAINING 5,236.0 SQUARE FEET / 0.1 ACRES, MORE OR LESS Jake D. Logan, PLS 9042 Date \,ND SUR, JAKE D. LOGAN No. 9042 (N 09'49'10" OPEN SPACE EASEMENT PER / MAP NO. 14091/ W (R)) (A 69 • 26'40„ IV iN (3'E 3 32,3 0 ) 3,320., E EXHIBIT "B" 60' WIDE EASEMENT AND RIGHT OF WAY PER DEED RECORDED JANUARY 26, 1973 AS F/P 73-023639. 0) APN: 314-840-10 L©T 10 MAP Ha 14001 H 4826 JB' � _�, .H i,• .23A� C CURVE TABLE: C1- (R=300.00' L=159.04' G1=30'22'30") C2- (R=66.00' L=98.94' A=85'53'32") C3- (R=18.00' L=19.82' A=63'06'12") C4- (R=320.00' L=319.29' A=5710'08") C5- R=100.00' L=42.13' A=24'08'13" C6- R=100.00' L=41.05' G=23'31'17" C7- R=100.00' L=10.99' A=0617'57" C8- R=100.00' L=65.32' A=37'25'36" C9- R=100.00' L=8.53' A=04'53'18" (L6) LINE TABLE: L1- (N 80'10'50" E 68.07') L2- (N 69'26'40" W (R)) L3- (S 24'39'48" W (R)) L4- (N 24'39'48" E (R)) L5- (N 87'46'00" E (R)) (L7) L6- (S 02'14'00" E (R)) L7- (S 87'46'00" W (R)) L8- (S 30'35'52" W (R)) L9- N 68'59'00" E 26.32' L10- N 36'27'05" E 16.53' L11- S 31.31'00" W 106.52' L12- S 68'59'00" W 79.68' N N v 'ND • L.S. 9042 \\'�T •; ca 4'1 ��`,°�/ ms`s '�,� z Q • °° °o, '5\� �� �•Q^a7 ;' /� (N 88'47'34" W 306.14') 4, co c LEGEND: ( ) RECORD DATA PER MAP NO. 14091. 150 75 0 AREA DESCRIBED IN EXHIBIT "A" 150 300 SCALE IN FEET SCALE: 1" = 150' JAKE D. LOGAN, PLS 9042 DATE /STEVE VAUS, Mayor BARRY LEONARD, Deputy Mayor DAVE GROSCI-I, Councilmember CAYLIN FRANK, Councilmember JOHN MULLIN, Councilmember Cfly or POWAY STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS. CITY OF POWAY ) I, Jasmine Pernicano, CMC, Records Technician of the City of Poway, California, hereby certify, under penalty of perjury, that the attached and foregoing is a true and correct copy of Resolution No. 20-030 entitled "A Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map 19-004 and Minor Development Review Application 18-014 for the Construction of a Single -Family Residence at the West End of Del Poniente Road, and Modification of Mitigation Measures and Conditions of Approval to Allow a Two - Story Home and Revise the Boundary of an Existing Open Space Easement on Lot 10 of Williams Ranch, Assessor's Parcel Number 314-840-10." Jasmir)e Pernicar o, Records Technician City of Poway City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org