Res 23-034RESOLUTION NO. 23-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
23-0001, ALLOWING FOR THE SITING AND DESIGN OF SIX
SINGLE-FAMILY DWELLING UNITS (ASSESSOR PARCEL
NUMBER 277-171-22)
WHEREAS, the City Council considered Development Review (DR) 23-0001; a request
for approval for the siting and design of 6 single-family homes on property located north of Espola
Road, east of Westling Court, south of Butterfield Trail and bisected by Old Coach Road within
the Planned Community (PC) Zone and the southern portion of the Old Coach Golf Estates
Specific Plan (OCGESP) area;
WHEREAS, on June 13, 2023, the City Council held a duly noticed public meeting 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 Final Environmental
Impact Report (FEIR) was prepared pursuant to the California Environmental Quality Act (CEQA)
in conjunction with the OCGESP and certified on May 15, 1990, and subsequent addendums
certified on July 19, 2016 and on December 7, 2021.
SECTION 2: The findings for DR23-0001, 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, concrete block and wood. 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 floor plans and fapade treatments and adhering to the development standards for
the PC zone and OCGESP. 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 six homes comply with the development standards for
the PC zone and OCGESP.
D. The design and improvements of the proposed development are consistent with all
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Page 2
elements of the Poway General Plan and OCGESP. The homes feature a contemporary
architecture style by incorporating shed and flat roofs with stucco, masonry block, siding, and
wood.
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 the following public improvements is needed as a result of the
proposed development to protect the public health, safety and welfare and will be provided in
conjunction with the Tentative Tract Map.
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 DR23-0001, as shown on the approved
plans incorporated herein by reference and stamped as "Exhibit A" dated June 13, 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
DR23-0001) 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
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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.
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 building permit issuance, unless other timing is indicated, the following conditions
shall be complied with:
(Engineering)
1. 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.
2. 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.
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
of work.
b. Three copies of a soil compaction report for the lot, prepared by the project's
geotechnical engineer.
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The certification and report are subject to review and approval by the City.
4. 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.
5. The applicant shall pay all applicable development impact fees in effect at time of
permit issuance.
(Planning)
6. The development shall comply with the current addition of the California Building Code,
California Residential Code, California Plumbing Code, California Mechanical Code,
California Electrical Code, California Fire Code, California Energy Code and California
Green Code at time of submittal to the Building Division. All development shall comply
with state structural calculations and seismic safety requirements.
7. School impact fees shall be paid at the rate established at the time of Building Permit
issuance. Please contact the Poway Unified School District for additional information
at (858) 679-2570.
8. An Affordable Housing In -Lieu Fee of $500 for each market -rate dwelling unit shall be
collected prior to the Building Permit issuance.
9. The residences shall be equipped with low -flow plumbing fixtures.
10. 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.
G. Prior to Issuance of a Certificate of Occupancy the applicant is required to comply with the
following:
(Engineering)
1. The applicant shall execute an approved Private Sewer Lift Station and Sewer Line
Construction, Maintenance and Liability Agreement accepting responsibility for
maintenance of, and emergency spill response for, the private sewer facilities.
2. An Encroachment Removal Agreement will be required for any private improvements
within the public right of way or easement. This includes, but is not limited to, the
proposed pervious pavers and private force main along Old Coach Road.
3. The stormwater facilities shall be complete and operational prior to occupancy.
4. All applicable easement dedications and maintenance agreements are to be recorded
prior to occupancy.
5. 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.
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6. All utility services shall be installed and completed by the property owner, and
inspected and approved by the Engineering Inspector. All new utility services shall be
placed underground.
7. 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.
8. An adequate drainage system around the new building pad capable of handling and
disposing all surface water shall be provided to the satisfaction of the Engineering
Inspector.
9. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages
to public improvements caused by construction activity from this project.
10. 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 16.52.130B 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 recommend.
(Planning)
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.
2. The site shall be cleared of all construction materials, supplies, and equipment.
3. 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 and Open Space
Easements.
H. The applicant shall comply with the following requirements to the satisfaction of the Fire
Department:
This parcel is located within the very high fire hazard area of the city and is new
construction; therefore, California Building Code Chapter 7A and Poway Municipal
Code 15.24 will apply.
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 of 15000PM 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
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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.
5. A residential fire sprinkler system with a one -inch meter is required. A separate plan
submittal and approval to the Poway Fire Department, Division of Fire Prevention,
prepared by a licensed sprinkler contractor or fire protection engineer is required for
the residential sprinkler system prior to installation. There is a separate fee for this
plan check and inspection services. If a one -inch lateral off the street main is currently
not present, one will have to be installed. If a pressure pump is required for fire
sprinkler operation, auxiliary power is required.
6. 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 to the inside edge of the improvement width or as approved
by the fire code official.
7. 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.
8. 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.
9. All dead-end fire access roads & driveways more than 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 improved parcels containing dwelling units. The minimum, unobstructed
paved radius width for a cul-de-sac shall be 38 feet in residential areas. The fire code
official shall establish a policy identifying acceptable turnarounds for various project
types.
10. Fire apparatus access roads (driveways) shall extend to within 150 feet of all portions
of the exterior walls of the first story of the structure as measured by an approved route
around the exterior of the building.
11. The approved fire apparatus access (driveway) for fire protection, either temporary or
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permanent, shall be made available as soon as combustible material arrives on site.
12. Approved numbers and/or addresses shall be placed on all new and existing buildings
and at appropriate additional locations 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.
13. All automatic gates across fire access roadways and driveways shall be equipped with
approved, emergency, key -operated switches overriding all command functions and
opening gates. Dual -keyed or dual switches shall be provided to facilitate access by
law enforcement.
14. Buildings and structures located within a wildland-urban interface fire area shall be
setback a minimum of 30-feet from property lines and biological open space
easements unless the Poway Municipal Code requires a greater minimum. When the
property line abuts a roadway, the setback shall be measured from the farthest
roadway edge.
15. Single -story structures shall be setback a minimum 15-feet horizontally from top of
slope to the farthest projection from a roof. A single -story structure shall be less than
12-feet above grade. A two-story structure shall be set back a minimum of 30-feet
horizontally from top of slope to the farthest projection from a roof. Structures greater
than two stories may require a greater setback when the slope is greater than 2 to 1.
Structural setbacks shall be shown on the site plan. Show scaled cross section profiles
denoting the top of the slope, building/roof projections, and the setback distance at
multiple locations on the plan submittal.
16. The project shall comply with Section Four of the City of Poway Landscape and
Irrigation Design Manual and Poway Municipal Code 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 shall be required. Mitigation is required where 100
feet of fuel management cannot be achieved within the parcel boundaries. 10 feet of
vegetation fuel modification, meeting Zone B requirements, shall be maintained on
both sides of the driveway and fire access roadway fronting the property when not
already within a fuel modification zone.
Mitigation is required where 100 feet of fuel management cannot be achieved
within parcel boundaries. Applicant shall contact the Deputy Fire Marshal at
(858)668-4471 to review mitigation options.
b. The landscape plan requires a separate landscape and irrigation plans submittal
prepared pursuant to the City of Poway Landscape and Irrigation Design Manual
requirements. There is a separate fee for this plan check and inspection services.
The applicant shall submit and receive signed approval of landscape and irrigation
plans prior to the issuance of the building permit. All fuel modifications shall be
installed prior to the final inspection for issuance of a certificate of occupancy.
17. 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 approved fuel modification zones are
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installed and approved.
18. Smoke alarms shall be installed in all bedrooms and adjoining hallways. They shall be
hard -wired, with battery backup, and interconnected.
19. 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.
20. Each chimney used in conjunction with any fireplace shall be equipped with an
approved spark arrester.
21. If liquefied gas (propane) is used as a primary utility source, show the tank size,
location of the tank on the parcel, orientation of the tank to building, and the method
of securing the tank to the ground, on the building plans.
The applicant shall comply with the following requirements to the satisfaction of the
Director of Public Works:
1. The existing irrigation meters shall be connected to the new potable main on Old
Coach Road.
2. All plants and trees and irrigation in this HOA responsibility on all ROW all roads
including trail and fencing, maintained to a Service Level A.
3. Both the Espola Trail and Justins trail run along and through this property. These trails
are active, and we request that they be protected in place during construction. The
area should remain safe and kept clean. Please ensure steps to prevent run off are in
place to prevent potential trail damage in the future.
4. All stormwater infrastructure maintenance within the private property boundaries,
including bio-basins, will be the responsibility of the property owner.
5. All stormwater related assets will be considered private and homeowners/HOA
responsibility for maintenance.
SECTION 7: The approval of DR22-0004 shall expire June 13, 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 8: 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 Special Meeting of the City Council of the
City of Poway, California on the 13'h day of June, 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAINED:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk