Res P-07-22
RESOLUTION NO. P-07-22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 06-08 AND
MINOR DEVELOPMENT REVIEW APPLICATION 05-74
ASSESSOR'S PARCEL NUMBER 323-092-14
WHEREAS, a request for Variance (VAR) 06-08 and Minor Development Review
Application (MDRA) 05-74 was submitted by John and Julie Weaver for approval to
construct a 3,026-square-foot, two-story, single-family residence with an attached
803-square-foot garage, and for a reduction of the 20 foot street side yard setback
adjacent to an unused 60-foot-wide access easement to 0 feet. The subject property is a
vacant lot located on the east side of Welton Lane, south of Poway Road, within the
Rural Residential C (RR-C) zone; and
WHEREAS, on May 15, 2007, the City Council held a duly advertised public
hearing 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: The proposed project is Categorically Exempt as a Class 5 Categorical
Exemption from the California Environmental Quality Act (CEQA), pursuant to Sections
15305 of the CEQA Guidelines, in that the project involves a minor alteration in land use
limitations on an infill, vacant, single-family property, and 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 Habitat Conservation Plan (HCP), a biological
survey was prepared for the property on July 20, 2006, by RC Biological Consulting, Inc.
The site consists of 1.39 acres of Disturbed Coastal Sage Scrub (CSS) Habitat, 0.97
acres of disturbed area and 0.04 acres of developed land, for a total of 2.47 acres.
Project grading and Fire Management Zones will impact approximately 1.60 acres; of
this, 0.61 acres will be disturbed CSS Habitat, 0.97 acres disturbed land and 0.02 acres
of developed land.
A. The proposed project site is inside the Mitigation Area of the Poway HCP. The
mitigation for 0.61 acres of Disturbed Coastal Sage Scrub will be on-site, and will
be placed in a Biological Conservation Easement. The mitigation for the habitat
removed will be a 1:1 ratio. The Poway HCP allows mitigation at a ratio of 1:1
when the habitat is disturbed or low quality. The mitigation is consistent with and
furthers the implementing objectives of the Poway HCP in that the applicant will
mitigate impacts to 0.61 acres of Disturbed Coastal Sage Scrub Habitat at a
slightly greater than 1:1 ratio (0.76 acres mitigation).
Resolution No. P-07-22
Page 2
The proposed project is well under the 2 acres allowed to be removed for grading
and clearing based on a slope analysis, as they are proposing to do minor grading
changes for the driveway, which is in the area already previously disturbed. As
the project will be preserving habitat within the mitigation area, it is meeting the
goal of the Poway HCP and will not be removing the allowable 2 acres (0.61 to be
removed).
B. The preservation of 0.76 acres of Disturbed Coastal Sage Scrub Habitat within the
Mitigation Area will contribute toward the building of the ultimate total Mitigation
Area preserve system of the Poway HCP since the dedication will contain a
drainage area that will be kept from future development. Therefore, such habitat
preservation will serve to enhance the long-term viability and function of the
preserve system in that it will permanently preserve 0.76 acres of habitat on-site.
By placing this land in open space, the long-term regeneration of this area is
ensured.
C. The mitigation will be to the long-term benefit of the covered species and their
habitats in that the recordation of a Biological Conservation Easement, 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 0.76 acres of Coastal Sage Scrub Habitat on-site.
D. The mitigation will foster the incremental implementation of the Poway HCP in an
effective and efficient manner in that the habitat will be preserved on-site and is
near other preserved habitat areas.
Section 3: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 06-08, a request for a reduction of the setbacks to allow the
proposed residence to encroach 20 feet into the required 20-foot side yard setback,
which is up to the edge of a 60-foot wide access easement, are made as follows:
A. That there are special circumstances applicable to the property in that the subject
property is constrained by a 60-foot-wide access easement, slopes and a drainage
area, and the strict application of the Zoning Ordinance would deprive the property
of privileges enjoyed by other properties in the vicinity; and
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and not afforded to the property for which the Variance is sought because the
developable area of the lot with the setbacks of the RR-C zone would not allow the
construction of a single-family home of a size similar to others in the same vicinity
and zone.
Resolution No. P-07-22
Page 3
C. Granting the Variance would not be materially detrimental to the public health,
safety or welfare in the vicinity in that the proposed building encroachment will
allow the development of the property to fit the current standards of the
neighborhood; and
D. That the granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in that
other nearby lots in the RR-C zone are at least 1 acre in size; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR-C zone because single-family homes are a permitted use in
this zone; and
F. That the proposed Variance will be compatible with the City's General Plan
because the use is permitted and does not result in a density increase.
Section 4: The findings, in accordance with Section 17.52 of the Poway Municipal Code,
for MDRA 05-74, a request to construct a 3,026-square-foot, two-story, single-family
residence, with an attached 803-square-foot garage, located within the Rural Residential
C (RR-C) zone, are made as follows:
A. The residence has been sited to conform to the City's zoning and grading
standards, with the exception of encroaching up to the edge of the access
easement. Therefore, the project respects the interdependence of land values
and aesthetics to the benefit of the City; and
B. The project is in character with the existing development in the area and will not
negatively affect the views of adjacent property owners. The proposal does not
otherwise affect the boundaries of the lot or the design of the streets, and does not
conflict with the orderly and harmonious appearance of structures and property
within the City; and
C. There are public facilities, services and utilities available. The current roads are
capable of handling the expected volume of traffic with this residential
development. The proposed use is allowable in the RR-C zone, with the approval
of a Minor Development Review Application; and
D. The project has been designed to minimize impacts on the surrounding community
by constructing a 22.5-foot-high, two-story residence that is in keeping with the
existing neighborhood, and therefore respects the public concerns for the
aesthetics of the community.
Section 5: The findings, pursuant to Government Code Section 66020, for the public
improvements for V AR 06-08 and MDRA 05-74, can be made as follows:
Resolution No. P-07-22
Page 4
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 the project. The payment of fees are
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 6: The City Council hereby approves Variance 06-08 and Minor Development
Review Application 05-74, a request to construct a 3,026-square-foot, two-story, single-
family residence, with an attached 803-square-foot garage, and to allow the residence to
encroach 20 feet into the required 20 foot side yard setback, which is up to the edge of a
60-foot-wide access easement. The subject property is a vacant lot located at the east
side of Welton Lane, and is south of Poway Road, within the Rural Residential C (RR-C)
zone. The approval is subject to the following conditions:
A. Approval of this Variance and Minor Development Review Application shall apply
only to the subject project and shall not waive compliance with all other 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 applicants shall submit in writing that all Conditions
of Approval have been read and understood.
C. The conditions of VAR 06-08 and MDRA 05-74 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. If the style of the proposed house is modified from the plans included with this
submittal and the house stays within the building envelope approved with this
Variance application, it will be processed at a staff level. Any increases in the
requested Variance setbacks will be processed with an application to the City
Council.
E. Prior to issuance of a Grading Permit, if required, the applicants shall comply with
the following conditions:
(Engineering)
1. A grading plan for the development of the lot, prepared on a City of Poway
standard mylar 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
Resolution No. P-07-22
Page 5
grading plan submittal checklist is available at the Engineering Division front
counter. As a minimum, the grading plan shall show the following:
a. Tops and toes of graded slopes shall be shown with a minimum five-
foot setback from open space areas and property lines. The house
shall be located at least five feet from tops and toes of slopes, unless
waived by the Planning Division and/or Engineering Division prior to
issuance of the Grading Permit.
b. Proposed driveway access in compliance with the specifications
provided in Section 17.08.170D of the Poway Municipal Code,
including the minimum structural sections together with its elevations
and grades.
c. A separate erosion prevention and sediment control plan for
construction activities. The plan shall provide for an onsite de-silting
basin with a volume based on 3,600 cubic feet per tributary acre
drained.
d. Locations of all utility improvements (proposed and existing),
together with their appurtenances and associated easements. No
encroachments are permitted upon any easement.
e. Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City of Poway prior
to any installation work.
f. All new slopes shall have a minimum 2:1 ratio (Horizontal to
Vertical).
2. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan.
3. The grading plan shall include the improvement of Welton Lane along the
frontage of the subject property to the standards for a non-dedicated rural
street, as stated in the Poway Municipal Code, Section 12.20.120. As a
minimum, improvements shall include a 20-foot-wide section of asphalt
paving and a 4-foot-wide shoulder on each side of the road.
4. A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall 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. Said
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Page 6
system shall include all easements required to properly handle the
drainage. Concentrated flows across driveways are not permitted.
5. The applicants shall pay all applicable engineering, plan checking, permit,
and inspection fees.
6. Should the proposed grading disturb one acre or more, the project owner
shall file with the State Regional Water Quality Control Board a Notice of
Intent (NOI) for coverage under the statewide General Permit, which covers
storm water discharges. Proof of filing of the NOI and an assigned Waste
Discharge Identification Number shall be submitted to the Development
Services Department, Engineering Division prior to issuance of the grading
permit. Applications for the Notice of Intent 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
7. Should the proposed grading disturb one acre or more, the applicant's
engineer 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 ten-year, six-hour storm event; a material storage and
handling 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, including a weather-triggered action plan. The engineer shall
certify the SWPPP prior to issuance of the Grading Permit.
8. If the proposed driveway surfacing is 5,000 square feet or greater, the
grading plans shall include provisions for compliance with the City's
Standard Urban Storm Water Mitigation Plan Ordinance.
9. In accordance with a water analysis required for this project, improvement
plans for the proposed fire hydrant shall be prepared by the applicant's
project engineer and submitted to the Engineering Division for review and
approval. The applicable plan check, inspection, and water analysis fees
shall be paid.
Resolution No. P-07-22
Page 7
10. Grading securities in the form of a performance bond and a cash deposit, or
a letter of credit shall be posted with the City prior to grading plan approval.
A minimum $2,000 cash security deposit is required.
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 sediment control shall be provided using the following
guidelines, as directed by the project inspector:
a. Provision of an on-site de-silting basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Covering of all flat areas with approved mulch.
c. Installation of an earthen or gravel bag berm that retains 3 inches of
water over all disturbed areas prior to discharge, effectively creating
a de-silting basin from the pad.
12.
Construction staking is to be installed 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.
(Planning)
13.
A landscapelirrigation 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:
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,
Resolution No. P-07-22
Page 8
or hand planted cuttings appropriately spaced to eventually control
soil erosion.
14. All slope plantings shall be installed, and automatic irrigation system
shall be installed and operational at time of final inspection.
15. According to the habitat assessment and area calculations prepared on July
30, 2006, by Robin Church, a Biological Consultant, at RC Biological
Consulting, Inc., the site consists of 1.39 acres of Disturbed Coastal Sage
Scrub (CSS) Habitat, 0.97 acres of disturbed area and 0.04 acres of
developed land, for a total of 2.47 acres. Project grading and Fire Fuel
Management Zones will impact approximately 1.60 acres; of this, 0.61
acres will be Disturbed CSS Habitat, 0.97 acres disturbed land, and
0.02 acres of developed land.
Mitigation will be completed as follows:
a. On-site dedication of 0.76 acres of Disturbed Coastal Sage Scrub
Habitat of equal or greater conservation value to compensate for the
0.61 acres of Disturbed Coastal Sage Scrub that will be impacted.
Said on-site dedication shall require the applicant to place 0.76 acres
of Coastal Sage Scrub Habitat in a Biological Conservation
Easement. Said Biological Conservation Easement shall be
approved by the Director of Development Services 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.
16. In accordance with Condition H of the Poway HCP 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.
Resolution No. P-07-22
Page 9
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 U.S. Fish and
Wildlife Service (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.
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.
17. 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.
Resolution No. P-07-22
Page 10
18. 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.
19. 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.
20. 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.
21. The applicant's Engineer shall provide a plat map and legal description
showing the Biological Conservation Easement area. 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.
22. The signed and notarized Biological Conservation Easement document
shall be returned to the City, for review and approval, then to be recorded
with the County of San Diego. The applicable review fees and fees for the
recordation shall be submitted by the applicant.
23. All on-site and off-site project grading may be required to be conducted
outside the rainy season.
F. Prior to issuance of a Building Permit, the applicants shall comply with the
following conditions:
1. The site shall be developed in accordance with the approved site plan, floor
plans and elevations on file dated January 11, 2007, 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.
Resolution No. P-07-22
Page 11
(Engineering)
2. Erosion and sedimentation control, including, but not limited to, de-silting
basins, shall be installed and maintained by the developer throughout
construction of the project.
3. Rough grading of the lot shall be completed and meet the approval of the
City Inspector and shall include submittal of the following:
a. A certification of line and grade for the lot, prepared by the engineer
of work.
b. A final soil compaction report for review and approval by the City.
4. If there is no pad certification or if the pad certification is more than 3 years
old, then a soils report or an updated pad certification for the building pad
shall be provided to the satisfaction of the Building Division. The new soils
report or updated certification shall include the information listed in Uniform
Building Code Section 1804 - Foundation Investigation.
5. 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.
6. The following development fees shall be paid to the Engineering Division,
unless other payee is indicated. The fees and the corresponding amounts
are as follows and are subject to change without further notice. The
amounts to be paid shall be those in effect at time of payment.
Water:
Meter
Expansion Fee
Service Line
SDCWA Capacity**
SDCWA Water Treatment Capacity**
% inch
$ 130
$3,710
$1 ,430
$4,326
$ 166
1 inch*
$ 270
$6,678
$1 ,430
$6,922
$ 266
*If a 1" meter is required due to fire sprinklers, then 3/4" fees are applicable.
**To be paid by a separate check, payable to San Diego County Water
Authority.
Sewer:
Connection
Cleanout
Cleanout inspection
Line Charge
=
$2,356
$ 50 per cleanout
$ 25 per c1eanout
$2,000 minimum
=
=
=
Resolution No. P-07-22
Page 12
Traffic Mitigation
Park
Drainage
$ 990
$2,720
$1 ,200
7. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
(planning)
8. All construction activity on the project site, including equipment preparation
(I.e., warming up engines), shall be limited to Section 8.08.100
"Construction Equipment" of the Poway Municipal Code. Grading activities,
including equipment preparation, shall be limited to the hours and
limitations specified in Section 16.44.140 "Time of Grading and Clearing
Operations" of the Poway Municipal Code.
9. All newly constructed living quarters shall be equipped with low-flow
plumbing fixtures.
10. An affordable housing fee of $4,500 shall be paid at the issuance of a
Building Permit, pursuant to Section 17.26.100 of the Poway Municipal
Code.
11. The plans shall indicate the colors and materials for the buildings and shall
be to the satisfaction of the Director of Development Services. Samples of
the color and materials shall also be provided.
12. Any fence or wall shall not exceed 6 feet. Any retaining walls proposed
shall be reflected on the grading or building plans, and shall be of
decorative block or stucco finish consistent with the exterior of the proposed
residence.
13. Fire Management Zones shall be shown on Building Permit site plans.
G. The applicants shall comply with the following prior to approval of occupancy:
(Engineering)
1. The private driveway improvements, drainage improvements, slope
landscaping and protection measures, and utilities, shall be constructed,
completed, and inspected by the Engineering Inspector.
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.
Resolution No. P-07-22
Page 13
3. The applicants shall repair any and all damages to the streets caused by
construction activity from this project, to the satisfaction of the City
Engineer.
4. All proposed utilities within the project site shall be installed underground.
5. If compliance is required, the applicant shall record a maintenance
agreement for maintenance of the Best Management Practices devices as
required by the Standard Urban Storm Water Mitigation Plan (SUSMP)
ordinance.
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 for both the
grading and water main improvements 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.
7. A private road construction and maintenance agreement for Welton Lane, in
a form satisfactory to the City Attorney, shall be executed by the owner
and/or developer. Said agreement is to comply with Ordinance No. 280,
Poway Municipal Code Section 12.20.060. The applicant shall provide to
the City the necessary legal descriptions and plat maps for this agreement.
(Planning)
8. No encroachments of any kind whatsoever are permitted upon any existing
utility easements or the Biological Conservation Easement.
9. Permanent poles, a minimum of 4' and a maximum of 6', shall be installed
between the approved development area of the parcel and the Biological
Conservation Easement bordering the area of native habitat to delineate in
perpetuity the conservation values 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.
10. 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.
H. The applicants shall construct the following improvements to the satisfaction of the
Director of Safety Services:
Resolution No. P-07-22
Page 14
1. Roof covering shall be fire retardant as per Uniform Building Code (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. Addresses 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 that 16 feet of unobstructed width, with 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 Fire Chief pursuant to the City of
Poway Municipal Code.
5. Dead end access roadways in excess of 150 feet long shall be provided
with approved 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.
6. 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, an approved fire protection system(s) shall be
provided as required and shall be approved by the Fire Chief.
7. A residential fire sprinkler system with a one-inch meter will be required.
Plans shall be submitted to the Poway Fire Department, Division of Fire
Prevention for approval prior to installation. (If a one-inch lateral off the
street main one will have to be installed.)
8. The applicant shall comply with the City of Poway Guide to Landscaping
Requirements as it relates to fuel management zones. The applicant shall
submit, and receive approval of, landscape and irrigation plans prepared
pursuant to the City of Poway Guide to Landscaping Requirements prior to
Grading Permit issuance.
9. Fire hydrant will be installed on Welton Lane at the driveway access point.
10. The BBQ deck area is to be constructed of ignition resistant materials.
Contact the fire prevention division for details.
Resolution No. P-07-22
Page 15
11. Rename "Fire Retaining Wall" to "Non-Combustible Fire Mitigation Wall".
The wall is not to be used for retention purposes.
Section 7: The approval of Variance 06-08 and Minor Development Review Application
05-74 shall expire on Mav 15. 2009. at 5:00 p.m. unless the applicants and/or property
owner obtains of a Building Permit.
Section 8: Pursuant to Government Code Section 66020, the gO-day approval period
in which the applicants may protest the imposition of any fees, dedications, reservations,
or exactions imposed pursuant to this approval shall begin on May 15, 2007.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 15th day of May 2007.
, ayor
ATTEST:
L.
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-07-22 duly adopted by the City
Council at a meeting of said City Council held on the 15th day of May 2007, and that it
was so adopted by the following vote:
AYES:
NOES:
BOYACK,EMERY,REXFORD,CAFAGNA
NONE
ABSENT:
HIGGINSON
DISQUALIFIED:
NONE
X/nWr<-~
L. Diane Shea, City Clerk
City of Poway