Res 22-052RESOLUTION NO. 22-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP
21-003 AND DEVELOPMENT REVIEW 21-002, ALLOWING FOR
A 20-LOT SUBDIVISION AND THE CONSTRUCTION OF 20
SINGLE-FAMILY DWELLING UNITS (ASSESSOR PARCEL
NUMBER 314-192-02)
WHEREAS, the City Council considered Tentative Tract Map (TTM) 21-003 and
Development Review (DR) 21-002; a request to subdivide a 4.77-acre parcel into 20 lots and
construct 20 single-family dwelling units located at 13667 Twin Peaks Road in the Residential
Single Family 4 (RS-4) zone;
WHEREAS, on July 19, 2022, the City Council held a duly advertised public hearing to
receive testimony from the public, both for and against, relative to this matter; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
project, including the attachments, 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: As required under the California Environmental Quality Act (CEQA), an
Environmental Initial Study (EIS) was completed for the project. A project notification letter was
sent to the tribal representatives which are traditionally and culturally affiliated with the geographic
area within the City of Poway's jurisdiction. City staff engaged in and concluded consultation with
two tribes who responded to the letter. The EIS determined that the project would have potentially
significant impacts to migratory nesting birds, roosting bats, and archaeological resources.
Mitigation measures BIO-1 a, BIO-1 b, and CUL-1 through CUL-5 would reduce these impacts to
a less -than -significant level. A Notice of the Availability of the EIS and proposed Mitigated
Negative Declaration ("MND") for public review and comment was provided pursuant to the
requirements of CEQA. The City Council finds, in its independent judgment and based on a
review of the entire record of proceedings, including written and oral comments from the public,
that no substantial evidence supports a fair argument that after mitigation imposed in the MND,
the project could result in a significant impact.
SECTION 2: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for TTM21-003, are made as follows:
A. That the proposed subdivision map is consistent with the objectives, policies, general land
uses and programs of the General Plan in that it proposes to create 20 residential lots on
a site that is designated for residential use. The density of the project is consistent with
the General Plan designation and Poway Municipal Code (PMC) standards, as required
by State Density Bonus Law (Section 65915 of the California Government Code).
The project includes one affordable housing unit at the very -low-income level which makes
the project eligible for a density bonus pursuant to State law (Government Code Section
65915(b)(1)(a)). The maximum density for the RS-4 zone is four dwelling units per acre,
or 15.64 dwelling units based off the lot's gross acreage of 4.77 acres. By providing one
Resolution No. 22-052
Page 2
very -low-income unit, the project is eligible for a 20 percent density increase. The 20
percent increase allows up to 20 units to be built.
B. That the design of the proposed subdivision is consistent with the General Plan in that the
approved lot sizes and configurations adhere to the development standards of the General
Plan and PMC, except as allowed by State Density Bonus Law (Section 65915 of the
California Government Code).
Per adopted State Density Bonus requirements (Gov. Code § 65915 et seq.), the City is
required to grant concessions and/or waivers of development standards because the
Project includes five percent (one unit) of the base density units for very -low-income
households. The Applicant is requesting five waivers and are as follows:
1. Lot size —The minimum lot size for the RS-4 zone is 10,000 square feet. The proposed
lots range in size from 7,012 square feet to 13,445 square feet.
2. Lot width — The minimum lot width for the RS-4 zone is 70 feet. The proposed lot
widths are 60 feet.
3. Side yard setback — The minimum side yard setback for the RS-4 zone is 10 feet. The
proposed side yard setbacks are five feet.
4. Wall/fence heights — The sum of any combination of fence or wall and retaining wall
shall not exceed six feet in height. The combination of retaining walls and fences
exceed six feet along the west property line of the project site, along the side property
lines of all lots, and along the east property line of the project site. The heights of the
retaining wall and fence combination throughout the project site range from just over
six feet to eight feet.
5. Lot coverage — The maximum lot coverage for the RS-4 zone is 35 percent. The lot
coverage exceeds 35 percent on lots 1, 5, 13, and 18, which range from 43 to 50
percent.
C. That the site is physically suitable for the proposed development in that the site is large
enough to provide 20 lots by applying State Density Bonus Law and with the granting of
three development standard waivers as discussed in Subsection B of this Section.
D. That the site is physically suitable for the proposed density of development in that by
providing one very -low-income unit, the project is eligible for a 20 percent density increase
pursuant to State Density Bonus Law. The 20 percent increase allows up to 20 units to
be built.
E. That the design of the subdivision is not contrary to the policy of the State legislature as
stated in Chapter 1, commencing with Section 21000, of the State Public Resources Code,
and will not likely cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat with the implementation of Mitigation Measures BIO-
1 a and B10-1 b.
F. That the design of the subdivision is not likely to cause serious public health problems in
that City water and sewer services are available to the site.
G. That the design of the lot division will not conflict with easements, acquired by the public
at large, for access through or use of, property within the proposed subdivision in that the
subdivision can occur without obstructing or otherwise impacting existing or new
easements.
Resolution No. 22-052
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SECTION 3: The findings for DR21-002, in accordance with the Poway Municipal Code
(PMC) 17.52.010 Purpose of Development Review, are made as follows:
A. The project has been designed to be architecturally compatible with surrounding
development and conforms to the Old Poway Specific Plan design guidelines by utilizing
an architectural design that incorporates earth tone colors, natural wood, stone, and brick
finished that are compatible with building in the Old Poway Specific Plan area and reflect
Poway's rural character. Therefore, the project respects and recognizes the
interdependence of land values and aesthetics to the benefit of the City.
B. The project has been designed to minimize impacts on surrounding development by
utilizing a compatible architectural design consistent with the Old Poway Specific Plan.
Therefore, the proposed development respects the public concerns for the aesthetics of
development, and encourages the orderly and harmonious appearance of structures and
property within the City.
C. The granting of the DR would not be materially detrimental to the public health, safety or
welfare within the community since the proposed development will complete
improvements necessary for the 20-lot subdivision.
D. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan and the Old Poway Specific Plan except as allowed
by State Density Bonus Law (Section 65915 of the California Government Code). The
homes feature a Craftsman style, consistent with the Old Poway Specific Plan
Architectural Standards and Design Guidelines. Architectural building features include
cement tile roofs, overhanging eaves, wood accents, patterned windowpanes, and various
combinations of board and batten, lap siding, stone, and brick. Additionally, the extension
of Holly Oak Way would include Old Poway streetlights similar to the existing streetlights
on Holly Oak Way, continuing the Old Poway Specific Plan streetscape theme.
Per adopted State Density Bonus requirements (Gov. Code § 65915 et seq.), the City is
required to grant a density bonus for housing developments that provide a minimum of
five percent of the housing units as affordable to very -low-income households. For
housing developments that provide five percent of the maximum allowable units, a density
increase of 20 percent shall be granted. The project includes one affordable housing unit
at the very -low-income level which makes the project eligible for a density bonus pursuant
to State law (Government Code Section 65915(b)(1)(a)). The maximum density for the
RS-4 zone is four dwelling units per acre, or 15.64 dwelling units based off the lot's gross
acreage of 4.77 acres. By providing one very -low-income unit, the project is eligible for a
20 percent density increase. The 20 percent increase allows up to 20 units to be built.
SECTION 4: 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.
B. 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:
• Sewer line
• Water line
• Street improvements
• Storm drain improvements
• Landscaping
C. In accordance with the Poway General Plan, the
development impact fees, which are assessed on
infrastructure improvements, which promote a safe
residents of the City.
Resolution No. 22-052
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project requires the payment of
a pro-rata basis to finance public
and healthy environment for the
SECTION 5: The City Council hereby approves TTM21-003 and DR21-002, as shown
on the approved plans incorporated herein by reference and stamped as "Exhibit A" dated July
19, 2022 (Exhibit A hereinafter) on file with the Development Services Department, except as
noted herein and subject to the following conditions:
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 forth 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
TTM21-003 & DR21-002) and any environmental document or decision made 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 "Exhibit A" and on file at the Development
Services Department. If actual conditions and details vary from representations on Exhibit
A, the approved plans must be changed to reflect the existing site conditions and proposed
project details. 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. This matter does not include the residential housing design
or development review of any of the residential lots, which would be subject to a
subsequent minor development review or development review permit approval.
C. Prior to issuance of any permit, the applicant shall (1) submit in writing that all conditions
of approval have been read and understood; and (2) the property owner shall execute a
Covenant Regarding Real Property notarizing and recording said document. In order for
the City to prepare the Covenant the applicant must first submit a legal description of the
subject site.
Resolution No. 22-052
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D. The conditions for the project shall remain in effect for the life of the subject property, and
shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
E. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC)
requirements that govern construction activity and noise levels. A Construction Noise
Management Plan (CNMP) shall be prepared and submitted to the City of Poway Planning
Division for its review and approval. Prior to the issuance of a Building Permit, construction
plans shall also include a note indicating compliance with the CNMP is required. The
CNMP shall be prepared or reviewed by a qualified acoustician (retained at the project
applicant/owner or construction contractor's expense).
F. Prior to Final Map approval, unless other timing is indicated, the following conditions shall
be complied with:
1. Within thirty (30) days after tentative map approval, the applicant shall submit in writing to
the City's Senior Planner that all conditions of approval have been read and understood.
2. This approval is based on the existing site conditions represented on the approved
tentative map. If actual conditions vary from representations, the approved tentative map
must be changed to reflect the actual conditions. Any substantial changes to the tentative
map must be approved by the Director of Development Services and may require approval
of the City Council.
3. The final map, together with the supporting data and documentation, shall be submitted
to Engineering Division for review and approval. The appropriate map checking fee shall
be paid by the applicant.
4. The final map shall conform to City standards and procedures, the City Subdivision
Ordinance, the latest edition of the Subdivision Map Act, and the Land Surveyors' Act, and
all other applicable laws, regulations and ordinances.
5. The applicant shall include provisions in their design contract with their design consultants
that, following acceptance by the City, all construction drawings or technical reports
accepted by the City (exclusive of architectural building plans) shall become the property
of the City. Once accepted, these plans may be freely used, copied or distributed by the
City to the public or other agencies as the City may deem appropriate. An
acknowledgement of this requirement from the design consultant shall be included on all
construction drawings at the time of plan submittal.
6. A new 20-foot public water easement and a public pedestrian and trail easement shall be
dedicated from the new terminus of Holly Oak Way, and a 21-foot right of way dedication
along the southerly side of Twin Peaks Road shall be dedicated to the City of Poway on
the Final Map.
7. A mylar copy of the Final Tract map shall be provided to the City within 3 months of its
recordation or prior to building permit issuance, whichever comes first. A cash deposit to
the City, in an amount equivalent to $100.00 per sheet of the Tract Map, for the mylar
reproduction of the recorded Tract Map shall be posted.
8. Within 30 days after City Council approval of the Final Tract Map, the subdivider shall pay
Resolution No. 22-052
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the City the sewer connection fee.
9. The applicant shall pay the drainage impact development fee in effect at the time of
subdivision.
10. The project requirements for fire protection specify the installation of two or more fire
hydrants and expansion of the public water system necessary to support the installation
of the hydrants. A Water System Analysis is required for final design of the proposed
public water system expansion. Applicant shall pay for the cost of preparing the analysis
prior to submittal of improvement plans.
11. A Public Improvement plan shall be submitted per Municipal Code requirements to the
Department of Development Services, Engineering Division. Improvement design should
be 100 percent complete at time of submittal and should include the following Public
Improvements:
a. A new public pedestrian access and trail shall be provided between the proposed lots
10 and 11 north to Twin Peaks Road.
b. Public sewer improvements connecting all 20 units to the nearest public sewer main
in Holly Oak Way.
c. Public water improvements including fire hydrants and related appurtenances
connecting all 20 units to the public water main located in Holly Oak Way and Twin
Peaks Road.
d. Public road, sidewalk and street light improvements for the extension of Holly Oak
Way.
12. The public improvement plan shall be approved. The applicant shall enter into a Standard
Agreement for public improvements for the work to be done as part of the Public
Improvement plan. The applicant will be responsible for posting securities for
monumentation and public improvements.
(Planning)
13. The public improvement plan shall include improvements shown on "Exhibit A" fronting
Holly Oak Way and shall include the following:
a. Decorative streetlights per the Old Poway street light detail.
b. Street trees shall be provided per the Landscape and Irrigation Design Manual. A
minimum of one fifteen -gallon tree shall be provided per every 30 lineal feet of street
frontage. Existing trees shall be considered and included to meet this requirement.
14. If the project will be phased, the applicant shall be responsible for presenting a phasing
plan to the satisfaction of the Development Services Director prior to sale, lease, or
financing.
G. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions
shall be complied with:
1. Submit a precise grading plan for the development 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
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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
shall be submitted.
2. A drainage study addressing the impacts of the 100-year storm event prepared by a
registered 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.
3. 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. Two copies of a final Storm Water
Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be
submitted and approved.
Once the final SWQMP is approved;
a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with
Chapter 16.104 of the Poway Municipal Code, 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
Poway Municipal Code.
c. Property owner shall record covenants on Lots 1 and 20 stating that the future
property owners of these lots will be responsible for perpetual maintenance of the
offsite treatment adjacent to their parcels. The covenants will include language
that if the trees need to be removed, the property owner will participate in the
process for tree replacement or alternative treatment options and share any related
costs. Similar language will also be included in the Storm Water Management
Facilities Maintenance Agreement.
4. Water Quality Control — Construction Storm Water Management Compliance
Proof of coverage under the General Permit for Discharges of Storm Water Associated
with Construction Activity (Construction General Permit, 2009-0009-DWQ, as amended
by order 2010-0014) shall be provided to the City along with a copy of the Storm Water
Pollution Prevention Plan (SWPPP).
5. Grading securities shall be posted with the City prior to grading plan approval per Chapter
16.46 of the Poway Municipal Code. A minimum cash security of $2,000 is required in all
instances.
6. Any private improvements, including but not limited to, the tree wells and infiltration
trenches proposed in the right of way for stormwater treatment purposes will require an
Encroachment Agreement.
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 five
Resolution No. 22-052
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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.
10. Construction staking is to be inspected by the Engineering Inspector prior to any clearing,
grubbing or grading. As 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.
11. All construction traffic must access the site from Twin Peaks Road for the duration of all
construction. A right-of-way permit and traffic control plan shall be provided.
(Planning)
12. A Tree Removal Permit shall be obtained prior to the removal of all existing trees.
13. Pursuant to mitigation measure BIO-1 a, removal of the trees on site shall occur outside of
the breeding season for nesting birds, which generally runs from February 1 to September
15 (as early as January 1 for some raptors). If removal of the pine trees must occur during
the breeding season, a qualified biologist shall conduct a pre -construction survey to
determine the presence or absence of nesting birds or raptors protected under the
Migratory Bird Treaty Act and California Fish and Game Code. The pre -construction
survey shall be conducted within 3 calendar days prior to the start of construction activities
(including removal of vegetation) and shall include the limits of disturbance and an
additional 100 feet (300 feet for raptors) from the area of disturbance. The applicant shall
submit the results of the pre -construction survey to the City of Poway for review and
approval prior to initiating any construction activities.
If an active nest is identified, a buffer shall be established between the construction
activities and the nest so that nesting activities are not interrupted. For the given Project
site, a 100-foot buffer from common avian species, a 300-foot buffer for listed or highly
sensitive species, and a 500-foot for raptors, shall be established and maintained. The
buffer shall be delineated by temporary fencing and remain in effect as long as
construction is occurring. No Project construction shall occur within the fenced nest zone
until the young have fledged, are no longer being fled by the parents, have left the nest,
and will no longer be impacted by the project. Reductions in the nest buffer distance may
be appropriate depending on the avian species involved, ambient levels of human activity,
screening vegetation, or possibly other factors.
14. Pursuant to mitigation measure BIO-1 b, removal of the trees and existing structures on
site shall occur outside of the roosting season for bats (approximately March through
September). If removal must occur during the roosting season, a qualified biologist with
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expertise and experience conducting bat surveys shall be retained by the applicant as a
qualified bat biologist.
A pre -construction survey shall be conducted by the qualified bat biologist no more than
30 days prior to the removal of trees and existing structures. The qualified bat biologist
shall survey all trees or structures that provide suitable bat roosting habitat. The applicant
shall submit the results of the pre -construction survey to the City of Poway for review and
approval prior to initiating any construction activities. If a maternity roost is determined
present, a 300-foot buffer shall be placed around the roost, and no work shall occur within
the buffer until after the roosting season is over. Work within the buffer may proceed after
the qualified bat biologist is able to verify that the roost is no longer active.
If no bat roosts are detected during the pre -construction survey, no further mitigation is
required.
15. Pursuant to mitigation measure CUL-1, A treatment plan for the archaeological data
recovery program and construction monitoring shall be prepared by a qualified
archaeologist prior to issuance of a grading permit. The treatment plan shall identify the
project site and take into consideration the vertical and horizontal extent of proposed
grading and ground disturbing activities within the project site. The plan shall describe
how archaeological data would be scientifically and systematically collected from the
project site, and how this data would be used to address research issues.
16. Pursuant to mitigation measure CUL-2, prior to excavation and ground disturbing
activities, a data recovery program shall be completed by a qualified archaeologist. The
data recovery phase shall focus on recovering archaeological data sufficient to mitigate
the destruction of CA-SDI-4606 within the project site. The amount of excavation and the
locations of the excavation shall be determined through a Ground Penetrating Radar study
as well as surface observations. Standard hand -excavated archaeological 1-x-1-m test
units can be used during this phase, although these may be expanded if features are
discovered or to cover a larger part of the project site. The units shall be excavated by
hand using arbitrary 10-cm levels unless cultural stratigraphy is identified. Hand tools
potentially including shovels, picks, trowels, brushes, and probes, shall be used in the
excavation. All soils shall be passed through 1/8-inch mesh screen (or smaller if column
samples are taken and processed), using a water -screening technique. Following
completion of excavation, all cultural materials shall be washed, cataloged, and analyzed.
Technical analyses shall include lithic artifact analysis, shellfish analysis, chronometric
studies, faunal studies, and other analyses as needed to describe the cultural materials
and address the research issues. A data recovery report shall be prepared and submitted
to the City of Poway for approval.
17. Pursuant to mitigation measure CUL-4, the applicant shall provide written verification that
a qualified archaeologist has been retained to implement the monitoring program. This
verification shall be presented in a letter from the project archaeologist to the City of
Poway. The qualified archaeologist shall attend the pre -construction meeting with the
contractors and City staff to explain and coordinate the requirements of the monitoring
program.
18. The applicant shall be required to enter into with the City and record a density bonus
agreement and a regulatory agreement prepared by the City Attorney to ensure that one
affordable unit remains affordable to a very -low-income household (whose household
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income does not exceed 50 percent of the area median income for San Diego County) for
the entire 55-year affordability term, pursuant to all applicable requirements of Poway
Municipal Code Section 17.26.620 and the California Density Bonus Law, including,
without limitation, the standards/process for marketing the affordable units for initial lease -
up, verifying tenant incomes, monitoring continued affordability of the units, marketing and
filling vacancies, and setting forth restrictions and enforcement mechanisms in the event
of failure to maintain affordability provisions. The applicant shall provide the City with a
cash deposit in an amount sufficient to cover the cost of the City's preparation of the
affordable housing documents.
19. Landscape and irrigation plans shall be submitted for review. The landscape and irrigation
plans shall demonstrate compliance with the City of Poway Landscape and Irrigation
Design Manual, PMC Chapter 17.41, PMC Chapter 15.24 as it relates to fuel management
and defensible space, and all other applicable standards and ordinances in effect at the
time of landscape and irrigation plan check submittal.
The landscape and irrigation plan submittal are a separate submittal from other project
plan check submittals and is made directly to the Planning Division. Contact the Planning
Division for copies of applicable City standards, the landscape and irrigation plan submittal
checklist and the plan review fee worksheet. Landscape and irrigation plan review fees
are required and are the responsibility of the applicant.
H. Prior to building permit issuance, unless other timing is indicated, the following conditions shall
be complied with:
(Engineering)
The Public Improvement plan shall be approved and the applicant shall enter into a
Standard Agreement for Public Improvements. The applicant will be responsible for
posting securities for public improvements.
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 of lots
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
electronically the following:
a) Certification of line and grade for the lot, prepared by the engineer of work.
b) 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. Prior to start of any work within a City -held easement or right-of-way, a Right -of -Way
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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 applicant shall pay all applicable development impact fees according to the latest
adopted master fee schedule at time of permit issuance.
(Planning)
7. The applicant shall comply with the latest adopted Uniform Building Code, National
Electric Code, Chapter 17.07 PMC, and all other applicable codes and ordinances in effect
at the time of permit issuance.
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. An Affordable Housing In -Lieu Fee of $500 for each market -rate dwelling unit shall be
collected prior to the Building Permit issuance.
10. The residences shall be equipped with low -flow plumbing fixtures.
11. Exterior building materials and finishes shall reflect the approved elevations (Exhibit A) on
file with the City and the conditions of approval, and shall be noted on the building plans,
to the satisfaction of the Director of Development Services.
12. All garages shall provide and maintain a minimum of 150 cubic feet of overhead storage
racks to encourage parking within the two -car garages.
13. The affordable housing unit shall be equal in size, style, and character to the market -rate
units.
14. Pursuant to mitigation measure CUL-4, a report documenting the field and analysis results
and interpreting the artifact and research data within the research context shall be
completed and submitted to the City of Poway prior to the issuance of any building permits.
Prior to issuance of the first certificate of occupancy, unless other timing is indicated, the
following conditions shall be complied with:
(Engineering)
1. Existing overhead electrical poles and lines within property limits must be undergrounded.
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 pads capable of handling and
disposing all surface water shall be provided to the satisfaction of the Engineering
Inspector.
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5. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to
the streets caused by construction activity from this project.
6. All applicable easement dedications and maintenance agreements are to be recorded
prior to occupancy.
7. After completion of all work, record drawings for both the grading and improvement plans,
signed by the engineer of work, shall be submitted to Development Services for review
prior to a request of occupancy, per Section 16.52.13013 of the Grading Ordinance.
Approval of all record drawings is required prior to issuance of occupancy and release of
grading and improvement securities. Initial submittal of record drawings at least three
weeks prior to a request for occupancy is recommended.
(Planning)
8. Landscape and irrigation shall be installed and maintained in accordance with the
approved landscape and irrigation plans on file with the City of Poway Planning Division.
All landscaping shall be maintained in a thriving condition.
9. The site shall be cleared of all construction materials, supplies, and equipment.
10. 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 applicant shall comply with the following requirements to the satisfaction of the Director
of the Safety Services (Fire Department):
The approved water supply for fire protection (fire hydrants), either temporary or
permanent, shall be made available as soon as combustible material arrives on site.
2. The approved fire apparatus access for fire protection, either temporary or permanent
shall be made available as soon as combustible material arrives on site.
3. An approved water supply capable of supplying the required fire flow of 1500GPM for fire
protection shall be provided to all premises upon which facilities, buildings, or portions of
buildings will be constructed. A new water main and fire hydrant shall be located within
600-feet of the structure following an approved route. A water analysis shall be performed
to establish the adequacy of the existing water main and all necessary system design to
serve the project. Costs of the water analysis shall be the responsibility of the applicant.
4. 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. In most cases, the City of Poway construction standards for streets
(Chapter 12.20 PMC) will be more restrictive. The more restrictive standard shall apply.
Vertical overhead clearance shall be a minimum of 13 feet 6 inches. Fire apparatus
access roads shall be designed and maintained to support the imposed loads of fire
apparatus not less than 75,000 pounds unless authorized by the FAHJ and shall be
provided with an approved paved surface as to provide all-weather driving capabilities. A
paved driving surface shall mean asphalt, concrete, or permeable paving system. The
turning radius of a fire apparatus access road shall be a minimum of 28 feet as measured
Resolution No. 22-052
Page 13
to the inside edge of the improvement width or as approved by the fire code official.
5. The gradient for a fire apparatus access roadway shall not exceed 20 percent. Grades
exceeding 15 percent (incline or decline) shall be constructed of Portland cement concrete
(PCC), with a deep broom finish perpendicular to the direction of travel, or equivalent, to
enhance traction. Grades exceeding 10 percent shall be constructed of asphalt or PCC.
Permeable paver systems shall not be used for grades exceeding 10 percent. The fire
code official may require additional mitigation measures where he or she deems
appropriate.
6. The angle of departure and the angle of approach of a fire access roadway shall not
exceed seven degrees (12 percent) or as approved by the fire code official.
7. All dead-end fire access roads in excess of 150 feet in length shall be provided with
approved provisions that allow emergency apparatus to turn around. A cul-de-sac shall
be provided in residential areas where the access roadway serves more than two
structures. The minimum, unobstructed paved radius width for a cul-de-sac shall be 38
feet in residential areas.
8. All gates or other structures or devices that could obstruct fire access roadways or
otherwise hinder emergency operations are prohibited unless they meet the standards
approved by the fire code official and receive Specific Plan approval. All automatic gates
across fire access roadways and driveways shall be equipped with approved, emergency,
key -operated switches overriding all command functions and opening the gate(s). Gates
accessing more than four residences or residential lots, or gates accessing hazardous
institutional, educational or assembly occupancy group structures shall also be equipped
with approved emergency traffic control -activating strobe light sensor(s), or other devices
approved by the fire code official, which will activate the gate on the approach of
emergency apparatus with a battery backup or manual -mechanical disconnect in case of
power failure. In the event of a power failure, the gate shall be automatically transferred
to a fail-safe mode allowing the gate to be manually pushed open without the use of special
knowledge or equipment. All automatic gates must meet fire department policies deemed
necessary by the fire code official for rapid, reliable access.
9. 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. Number shall contrast
with their background and shall meet City of Poway standards. The address is required
at the private driveway entrance.
10. A residential fire sprinkler system with a one -inch water meter will be required for each
residential structure. 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. A separate plan submittal is required for each lot prepared by a licensed
sprinkler contractor or fire protection engineer. Approval by the Poway Fire Department,
Division of Fire Prevention is required for the residential sprinkler system prior to
installation. There is a separate fee for each the plan check and the inspection services
of each lot.
11. 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 wired in such a manner
Resolution No. 22-052
Page 14
that if one detector activates, all detectors activate.
12. 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.
13. Each chimney used in conjunction with any fireplace shall be equipped with an approved
spark arrester.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 19th day of July, 2022 by the following vote, to wit:
AYES: LEONARD, FRANK, MULLIN
NOES: GROSCH, VAUS
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk