Res P-07-02
RESOLUTION NO. P-07-02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 06-30
ASSESSOR'S PARCEL NUMBER 323-290-12
WHEREAS, MDRA 06-30, submitted by John Galkowski, Applicant, requests
approval to construct a 5,962-square-foot, single-story, single-family residence, an attached
1, 120-square-foot garage, and unlighted tennis court on a 5.83-acre property located at
12735 Gate Drive. The property is zoned Rural Residential C (RR-C) and located within
the Hillside/Ridgeline Review Area; and
WHEREAS, on January 16, 2007, 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: This project 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.
Section 2: Pursuant to the Poway Subarea Habitat Conservation Plan (PSHCP), a
biological survey was prepared for the property on March 28, 2006, by Gretchen B.
Cummings, a Biological Consultant, at RB Riggan and Associates. The site consists of
1.8 acres of Coastal Sage Scrub (CSS), 2.1 acres of Valley Needlegrass Grassland (VNG),
1.6 acres of Non-Native Grassland (NNG) and 0.30 acres of disturbed area, for a total of
5.8 acres. Project grading and Fire Fuel Management Zones will impact approximately
1.71 acres of habitat; of this, 0.4 acres will be CSS, 1.3 acres will be NNG, and 0.30 acres
will be disturbed land.
A. The proposed project site is inside the mitigation area, the South Poway
Cornerstone Biological Core and Linkage Area (BCLA) and the Planned Resource
Preservation Area (PRPA) No. 17b of the PSHCP. The mitigation is consistent with
and furthers the implementing objectives of the PSHCP in that the applicant
will mitigate impacts to 0.40 acres of CSS habitat at a 2:1 ratio (0.80 acres
mitigation) and 1.3 acres of NNG at a 2:1 ratio (2.6 acres). The mitigation for 0.80
acres of CSS will be on-site, the mitigation for part of the 2.6 acres of NNG will be
placed in a Biological Conservation Easement (BCE). The site currently contains a
0.48 acre Open Space Easement (OSE). The remaining CSS, VNG and NNG
will be placed in a BCE. There is a balance of 0.08 acres (3,484 square feet) of
habitat that must be mitigated. This mitigation will require the purchase of similar
quality habitat within the identified mitigation area of the PSHCP. If it is infeasible
for the applicant to purchase land within the PRPA No. 17b area or within an
Resolution No. P-07-02
Page 2
identified mitigation area of the PSHCP, with similar quality habitat, then an In-Lieu
Fee to be used by the City for the future purchase of habitat will be paid.
This property is in the South Poway Cornerstone BCLA area, which has a
preservation goal of 80% of habitat on-site. The project proposes 66% or 3.8 acres
total preservation of the habitat on-site. Per the PSHCP, this PRPA No. 17b is of
lower priority because this area is not known to support as many sensitive resources
and is more edge affected. Additionally, the proposed project is well under the two
acres allowed to be removed for grading and clearing based on a slope analysis, as
they are proposing to grade only49,920 square feet (1.14 acres). As the project will
be preserving habitat within the BCLA or PRPA area, or paying for future habitat
acquisition it is meeting the goal of the PSHCP and will not be removing the
allowable 2 acres (1.7 to be removed). Therefore, the project meets the intent of the
80% preservation goal of the South Poway Cornerstone BCLA and Poway HCP.
B. The overall preservation of 1.4 acres of CSS, 2.1 acres of VNG, and 0.3 acres of
NNG within the Mitigation Area, the South Poway Cornerstone BCLA, and PRPA
17b will contribute toward the building of the ultimate total mitigation area preserve
system of the PSHCP since the dedication will be either sited to be contiguous to
two existing on-site BCE areas (APNs: 323-290-11 and 13) 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 3.8 acres of habitat on-site, which includes the existing 0.48 acre of
existing OSE, and will either preserve 0.08 acres of CSS off-site in an identified
Mitigation Area of the PSHCP or pay an In-Lieu Fee.
C. The mitigation will be to the long-term benefit of the covered species and their
habitats in that the recordation of a conservation easement deed 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
3.8 acres of habitat on-site, which is contiguous to an existing conservation
easement area on-site. The mitigation will also include the purchase of 0.05 acres
of habitat within the mitigation area or the payment of an In-Lieu Fee to allow the
purchase of habitat within the mitigation area. If it is not possible to purchase lands
in these areas, In-Lieu Fees for future purchase of habitat in another mitigation area
will enhance the long-term viability and function of the preserve system.
D. The mitigation will foster the incremental implementation of the PSHCP in an
effective and efficient manner in that the habitat will be preserved on-site contiguous
to other preserved habitat areas.
E. The remaining 1.4 acres of CSS, 2.1 acres of VNG and 0.30 acres of NNG habitat
(excluding the 0.48 acres already placed in an OSE) not used for development or
mitigation of biological resource impacts shall be placed in a BCE. The BCE will
Resolution No. P-07-02
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further the goals of the PSHCP because it will result in the preservation of 66% of
habitat on-site.
Section 3: The findings, in accordance with Poway Municipal Code (PMC) Section
17.52, to approve Minor Development Review Application 06-30 to construct a 5,962-
square-foot, single-story, single-family residence, and an attached 1, 120-square-foot
garage, and an unlighted tennis court on a 5.8-acre property located at 12735 Gate Drive,
are as follows:
A. That the mitigation will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP because no City funding will be required
to preserve the habitat; and
B. That the home and garage have been sited to minimize landform alteration, and
conform to City zoning and grading standards. Therefore, the proposed use
respects the interdependence of land values and aesthetics to the benefit of the
City; and
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 MDRA 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:
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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 MDRA 06-30, to allow the construction of
a 5,962-square-foot, single-story, single-family residence, an attached 1, 120-square-foot
garage, and an unlighted tennis court on a 5.8-acre property located at 12735 Gate Drive,
per site plans and grading plans on file with the Planning Division dated October 10,2006,
and floor plan and elevations dated May 17, 2006, subject to the following conditions:
A. Approval of this MDRA request shall apply to the subject project and shall not waive
compliance with all sections of the Zoning Ordinance and all other applicable City
Ordinances in effect at the time of Building Permit issuance.
B. 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 06-30 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 (24" x 36") 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.
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b. The driveway shall be in compliance with the specifications provided
in PMC Section 17.08.170D, and include the structural section, finish
elevation, grades, and its connection to the access road.
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/Permit.
e. 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.
f. Locations and all pertinent elevations of all retaining walls.
g. Fire Fuel Management Zones.
h. Biological Conservation Easements and Open Space Easements.
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:
a. 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. Large concentrated runoffs (3 cubic feet per second
or greater) shall not be discharged over the driveway and into the
street.
b. Cause post-development flow volumes from the project site to be
equal or less than pre-development flow volumes.
c. Said system shall include any needed easement(s) required to
properly handle the drainage.
4. Prior to the issuance of the Grading Permit and if the project disturbs one
acre or more, 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
Resolution No. P-07 -02
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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. Prior to issuance of a Grading Permit and if construction of the project is to
disturb one acre or more, the applicant shall prepare a Storm Water Pollution
Prevention Plan (SWPPP) that effectively addresses the elimination of non-
storm runoff into the storm drain system. The SWPPP shall include, but not
be limited to, an effective method of hillside erosion and sediment control: a
de-silting basin with a capacity of 3,600 cubic feet of storage per acre drained
or designed to remove fine silt for a 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 (BMPs)
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 grading plan shall show easements stated in the Land America
Southland Title May 4, 2006, Schedule A: Parcels C and D, Schedule B:
Items 2 and 3. The Title Report shall state the easements shown on the
plans: 89-151839. The labeling and language to identify the corresponding
plan and Title Report easements shall refer to each other.
7. The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
8. 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.
9. Letter(s) of permission for any off-site grading shall be obtained from
adjacent property owner(s), and shall be submitted to Development Services
Department - Engineering Division.
10. Should there be a need for a new fire hydrant, the applicant shall apply for a
water system analysis to establish the property size and location of the public
water system. The fee for the analysis is $1 ,250. If a hydrant is required, the
Resolution No. P-07-02
Page 7
applicant shall submit engineering improvement plans, along with plan check
and inspections costs for this improvement.
11. 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-silting basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Cover all flat areas with approved mulch.
c. Install an earthen or gravel bag berm that retains three (3) inches of
water over all areas prior to discharge, effectively creating a de-silting
basin from the pad. The earthen berm and gravel bags shall be keyed
in a minimum of surface grade.
12. 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.
13. 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.
14. 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 5:00
p.m. Monday through Saturday. Grading activities, including equipment
preparation, shall be limited to the hours of 7:00 a.m. to 5:00 p.m. Monday
through Friday.
(Planning)
15. 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:
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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.
d. Landscaping for the tennis court shall be included on this plan. The
plan shall show the location, type and size of landscaping to be
installed around court. The landscaping shall consist of 15-gallon
evergreen trees and 5-gallon evergreen shrubs, and shall be installed
adjacent to the fence to reduce visibility from surrounding properties.
e. 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.
16. All slope plantings shall be installed, and an automatic irrigation system
shall be installed and operational at time of final inspection.
17. According to the habitat assessment and area calculations prepared on
March 28, 2006, by Gretchen B. Cummings, a Biological Consultant, at RB
Riggan and Associates. The site consists of 1.8 acres of Coastal Sage
Scrub (CSS), 2.1 acres of Valley Needlegrass Grassland (VNG), 1.6 acres of
Non-native Grassland (NNG) and 0.30 acres of disturbed area, for a total of
5.8 acres. Project grading and Fire Fuel Management Zones will impact
approximately 1.71 acres of habitat; of this, 0.4 acres will be CSS, 1.3 acres
of NNG, and 0.30 acres disturbed land.
Mitigation will be completed as follows:
a. On-site dedication of 3.32 acres of CSS, VNG and NNG habitat of
equal or greater conservation value to compensate for the 0.4 acres
of Coastal Sage Scrub and 1.3 acres of NNG that will be impacted.
Said on-site dedication shall require the applicant to place 3.32 acres
of CSS, VNG and NNG in a Biological Conservation Easement (BCE),
Resolution No. P-07-02
Page 9
along with the existing 0.48 acre Open Space Easement (OSE), for a
total of 3.8 acres to be placed in a OSE/BCE. Said BCE shall
be approved by the City Attorney and shall be notarized and recorded
with the County of San Diego.
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.
b. The property owner shall submit an in-lieu fee for the mitigation of
0.08 acres (3,484 square feet) of habitat or dedication of comparable
vegetation of equal to or greater value, to the satisfaction of the
Director of Development Services.
18. 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, 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 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 USFWS.
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.
Resolution No. P-07 -02
Page 10
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.
19. 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.
20. 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.
21. 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.
22. 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.
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Page 11
23. The applicant's Engineer shall provide a plat map and legal description
showing the new BCE area and shall note the location of the existing OSE.
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.
24. The signed and notarized BCE document shall be returned to the City and
then be recorded with the County of San Diego. The applicable review fees
and fees for the recordation shall be submitted by the applicant.
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 October 10, 2006 (all references to tennis court lights
shall be removed), and floor plan and elevations dated May 17, 2006, on file
in the Development Services Department, except as modified by the
conditions herein.
(Engineering)
2. Erosion control, including, but not limited to, de-silting 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. 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.
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Page 12
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
SDCWA Capacity Fee*
SDCWA Water Treatment Fee*
%-inch
$ 130
$3,710
$4,328
$ 159
1-inch
$ 270
$6,678
$6,646
$ 255
1 Y:z inch
$ 600
$10,388
$12,461
$ 478
*To be paid by separate check, payable to the San Diego County Water
Authority (SDCWA).
Sewer:
Connection = $2,356
Cleanout box = $ 50
Inspection fee = $ 25
Traffic Mitigation = $ 990
Park = $2,720
Drainage = $1 ,200
9. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
(Building)
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.
(Planning)
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 six (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 PSHCP, except as approved by the City of Poway prior
to installation.
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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. Prior to issuance of a Building Permit for the tennis court and tennis court fencing,
the applicant shall comply with the following:
1. The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
2. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Building Permit issuance.
3. The site shall be developed in accordance with the approved site plan on file
in the Development Services Department and the conditions contained
herein. Grading of the lot 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.
(Planning)
4. Pursuant to PMC Section 17.30.020.E, the building plans shall depict, to the
satisfaction of the Director of Development Services, that the support posts,
and fixtures will be painted a dark non-reflective color so as to reduce their
overall visibility. Vinyl coated chain link fencing is acceptable.
5. Pursuant to PMC Section 17.30.020.F, the building and landscaping plans
shall depict, to the satisfaction of the Director of Development Services, that
dense evergreen screening landscaping will be installed adjacent to the
tennis court.
6. This landscaping, shall consist of 15-gallon evergreen trees and 5-gallon
evergreen shrubs, and shall be installed adjacent to the fence to reduce
visibility from surrounding properties. The landscaping shall also include
fast-growing evergreen trees installed in the setback areas. The dense
screening planting is required to be installed and maintained in the setback
areas outside of the court fencing to the satisfaction of the Director of
Development Services.
7. A maximum ten-foot-high court fence may be installed. The ten-foot-high
maximum measurement includes the height of any retaining walls and is
measured from the lower grade elevation.
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Page 14
8. A minimum ten-foot side yard and rear yard setback shall be maintained from
the property line to the court fencing.
9. Any retaining walls shall consist of decorative block or stucco construction,
and may be subject to a separate Building Permit.
G. The applicant shall comply with the following conditions prior to occupancy:
(Engineering)
1. Driveways, drainage 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. The driveway shall be constructed in accordance with the Poway
Municipal Code. The driveway shall be located out of the right-of-way.
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.
3. If a fire hydrant is required, a water line easement for the water main and fire
hydrant shall be dedicated to the City of Poway, and shall be conveyed
through a separate document prior to building occupancy. The plan check
fee for this easement is $1,000.
4. The applicant shall repair any and all damages to the private streets caused
by construction activity from this project, to the satisfaction of the City
Engineer.
5. All proposed utilities within the project site shall be installed underground.
6. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
16.52.130B of the Grading Ordinance. Record drawings shall be submitted
in a manner to allow the City adequate time for review and approval prior to
issuance of occupancy and release of grading securities.
(Planning)
7. No encroachments of any kind whatsoever are permitted upon any existing
utility easements or the Biological Conservation Easement (BCE).
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 BCE bordering
the area of native habitat to delineate in perpetuity the conservation values
Resolution No. P-07-02
Page 15
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.
10. The tennis court shall not be modified to contain lights unless an application
for a Minor Conditional Use Permit is submitted and approved.
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. 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 an adequate roadway turning
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 turning around of Fire Department apparatus. Curves and
topographical conditions could alter the requirements for turnarounds and
the width of access ways. Clarify the dimensions of the motor court. The
center portion of the electrical area may indicate an area of non-pavement,
which will impede the fire department turn around requirements.
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
Resolution No. P-07-02
Page 16
installation. (If a one-inch lateral off the street main is currently not present,
one will have to be installed).
7. The access roadway shall be extended to within 150 feet 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 Chief.
8. The applicant shall comply with the City of Poway Guide to Landscape
Requirements as it relates to Fire Fuel Management Zones. The applicant
shall submit, and receive approval of landscape and irrigation plans prepared
pursuant to the City of Poway Guide to Landscape Requirements prior to
Grading Permit issuance.
9. If an electric gate is installed, it shall have a Knox override key switch that
shall be ordered through the Poway Fire Department.
Section 6: This Minor Development Review Application 06-30 shall expire on January
16,2009, 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 January 16,2007.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 16th day of January 2007.
ATTEST:
~ ~ fI~ ,(,'01 ~ ~
L. lane Shea, City Clerk
Resolution No. P-07 -02
Page 17
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk ofthe City of Poway, do hereby certify, under the penalty
of perjury, that the foregoing Resolution No. P-07-02, was duly adopted by the City Council
at a meeting of said City Council held on the 16th day of January 2007, and that it was so
adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
~UA;D WahO/-jrD
L. Diane Shea, City Clerk
City of Poway