Res 23-012RESOLUTION NO. 23-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
22-0004, ALLOWING FOR THE SITING AND DESIGN OF 10
SINGLE-FAMILY DWELLING UNITS AND AGATE ON A PRIVATE
STREET (ASSESSOR PARCEL NUMBER 314-370-05)
WHEREAS, the City Council considered Development Review (DR) 22-0004; a request
for approval for the siting and design of 10 single-family homes and a gate on a private street
located at the terminus of Larchmont Street in the Rural Residential A (RR -A) and Rural
Residential C (RR-C) zones;
WHEREAS, on April 4, 2023, 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: Pursuant to Section 15162 of the California Environmental Quality Act
(CEQA) Guidelines, a subsequent environmental document, or any additional environmental
review or notice, is not required since the project is within the scope of the Mitigated Negative
Declaration, which was approved in conjunction with the approval Tentative Parcel Map 16-001
on March 20, 2018.
SECTION 2: The findings for DR22-0004, 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 by utilizing materials commonly found in surrounding neighborhoods such as stucco,
siding and brick or stone veneers. 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
providing three fagade treatments per floor plan and adhering to the development standards for
the RR -A and RR-C zones. 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 subdivision. Further, the 10 homes comply with the development standards for
the RR -A and RR-C zones.
D. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan. The homes feature a contemporary farmhouse architecture
style by incorporating board and batten siding, shiplap siding, stucco, stone and brick veneer,
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outlookers, dormers, varied garage door types, varied front door types, awnings with standing
seam metal roofs, pitched roofs for the main roof structure with asphalt composition shingles.
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.
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:
1. Water and sewer lines;
2. Onsite fire hydrants;
3. Onsite drainage improvements;
4. Public recreation trails through the site.
C. 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 DR22-0004, as shown on the approved
plans incorporated herein by reference and stamped as "Exhibit A" dated April 4, 2023 (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
DR22-0004) 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
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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.
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. The height of the homes on Lot 9 and Lot 10 shall be limited to 28 feet.
G. 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.
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. Three copies of certification of line and grade for the lot, prepared by the engineer
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of work.
b. Three 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. 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.
6. The applicant shall pay all applicable development impact fees in effect 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. A deed covenant regarding the height limit specified in Condition of Approval F shall
be recorded on Lot 9 and Lot 10.
H. Prior to Issuance of a Certificate of Occupancy the applicant is required to comply with the
following:
(Engineering)
1. 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.
2. 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.
3. 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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4. 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.
5. All applicable easement dedications and maintenance agreements are to be recorded
prior to occupancy.
6. Record drawings, signed by the engineer of work, shall be submitted to Development
Services prior to a request of occupancy, per Section 16.52.130E 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 (i.e., at least three weeks prior to a request for occupancy is
recommended). All other final reports and agreements, as outlined in Section
16.52.130 of the Grading Ordinance are to be approved
(Planning)
7. 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.
8. The site shall be cleared of all construction materials, supplies, and equipment.
9. 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.
I. The applicant shall comply with the following requirements to the satisfaction of the Fire
Department:
1. Lyon Estates is located within the very high fire hazard severity area and shall comply
with the California Fire Code, California Building Code, and the PMC.
2. Ignition Resistant Class I construction is required as described in the California
Building Code Chapter 7A.
3. An approved water supply capable of supplying the required fire flow 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 any residential 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. The approved water supply for fire protection, either temporary or permanent, shall be
made available as soon as combustible material arrives on site.
All structures shall be accessible to Fire Department apparatus by way of access
roadways/driveways with an all-weather driving surface of not less than 16 feet of
unobstructed width and minimum 13'6" vertical clearance, with turning radiuses of not
less than 28 feet, and capable of supporting the imposed loads of a fire apparatus at
not less than 75,000 pounds.
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6. The approved fire apparatus access roadways/driveway for' fire protection, either
temporary or permanent shall be made available as soon as combustible material
arrives on site.
7. Fire apparatus access roadways/driveways shall extend to within 150 feet of all
portions of the exterior walls of all structures as measured by an approved route
around the exterior of the building.
8. The gradient for a fire apparatus access roadways shall not exceed 20 percent.
Grades exceeding 15 percent shall be constructed of Portland Cement Concrete
(PCC), with a deep broom finish perpendicular to the direction of travel.
9. The angle of departure and the angle of approach of a fire access roadway shall not
exceed 12 percent.
10. All dead-end fire access roadways greater 150 feet in length shall be provided with
approved fire apparatus turn around. A 38-foot cul-de-sac shall be provided in
residential areas where the access roadway serves more than two structures.
11. Fire apparatus access roadways, permanent or temporary, shall satisfactorily pass all
required tests and Inspections, and be approved by the City.
12. Approved address numbers 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/driveway fronting the property from either direction of approach. Address
numbers shall contrast with their background and meet the City of Poway standards.
The address is required at the private driveway entrance. Additional address numbers
may be required where deemed necessary by the fire code official.
13. Structures located within the very high fire hazard severity area shall be setback a
minimum of 30 feet from property lines and biological open space easements.
14. Single -story structures within the very high fire hazard severity area shall be setback
a minimum 15-feet horizontally from top of slope to the farthest projection from a roof.
A two-story structure shall be setback a minimum of 30-feet horizontally from top of
slope to the farthest projection from a roof.
15. This 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. 100 feet of fuel management consisting of 40-feet of Zone A and
60-feet of Zone B, is required. 10 feet of vegetation fuel modification, meeting Zone B
requirements, shall be maintained on both sides of the fire apparatus access
roadway/driveway fronting the property when not already within a fuel modification
zone. Mitigation shall be required where 100 feet of defensible space fuel modification
zones cannot be achieved within the parcel boundaries. FMZ's shall not cross over
parcel boundaries.
When 100 feet of fuel management cannot be achieved within the parcel boundaries
the applicant shall contact the Deputy Fire Marshal at (858) 668-4471 to review your
proposed mitigation options.
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16. All flammable vegetation within the approved fuel modification zone shall be removed
prior to the arrival of combustible material on the site and shall be maintained during
the duration of the project until all elements of the approved fuel modification zones
are installed and approved.
17. All automatic gates across fire apparatus access roadways/driveways shall be
equipped with a Knox Gate Key Switch.
18. A residential fire sprinkler system with a one -inch water meter and lateral line is
required. A separate plan submittal for review and approval is required to the Poway
Fire Department prepared by a licensed sprinkler contractor prior to installation. If a
pressure pump is required for fire sprinkler operation, auxiliary power is required.
19. Smoke alarms shall be installed in all bedrooms and adjoining hallways. They shall be
hard -wired, with battery backup, and interconnected.
20. Carbon monoxide alarms shall be installed in hallways adjoining bedrooms, and on
each separate floor. The carbon monoxide alarms shall be hard -wired, with battery
backup, and interconnected.
21. Each chimney used in conjunction with any fireplace shall be equipped with an
approved spark arrester.
22. If liquid propane gas is used as a primary utility source, tank installation and use shall
comply with California Fire Code. Reflect the tank size, location, and structure/lot line
separations.
SECTION 5: The approval of DR22-0004 shall expire April 4, 2025, at 5:00 p.m., unless
prior to that time a Building Permit has been issued and construction has commenced on the
property 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.
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PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 4th day of April, 2023 by the following vote, to wit:
AYES: PEPIN, FRANK, DE HOFF, LEONARD, VAUS
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
eve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, Cit Jerk