Res P-04-54
RESOLUTION NO. P-04- 54
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 04-40
ASSESSOR'S PARCEL NUMBER 321-060-24
WHEREAS, Minor Development Review Application (MDRA) 04-40, submitted by
Andy and Elizabeth Seitz, Applicant, requests approval to construct a 770-square-foot,
second-story addition to an existing 3,169-square-foot residence; a 337-square-foot
addition to an existing 675-square-foot attached garage; and a detached, single-story,
1 ,009-square-foot guest house with an 891-square-foot attached garage on a 3.05-acre
site, located at 14706 High Valley Road. The property is zoned Rural Residential Band
located within the Hillside/Ridgeline Review Area. Pursuant to Section 17.52.050, City
Council approval is required for grading and development within the identified
Hillside/Ridgeline Review Area; and
WHEREAS, on August 17, 2004, the City Council held a public meeting to solicit
comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The project, MDRA 04-40, is found to be Categorically Exempt from the
California Environmental Quality Act (CEQA), pursuant to Section 15303(e), Class 3 of the
CEQA Guidelines, in that project proposes an accessory structure to an existing single-
family residence.
Section 2: The findings, in accordance with Section 17.52 ofthe Poway Municipal Code, to
approve MDRA 04-40 to permit the construction of a 770-square-foot, second-story
addition to an existing 3,169-square-foot residence; a 337 -square-foot addition to an
existing 675-square-foot attached garage; and a detached, single-story, 1,009-square-foot
guest house with an 891-square-foot attached garage on a 3.05-acre site, located at 14706
High Valley Road, are as follows:
A. That the existing home and proposed addition have been sited to minimize landform
alteration and conform to City zoning and grading standards. Therefore, the
proposed use respects the interdependence of land values and aesthetics to the
benefit of the City; and
B. That the approved project will not have an adverse affect on the aesthetics, health,
safety, or architecturally related impact upon adjoining properties, as the residence
is consistent with surrounding residences. Therefore, the proposed design, size,
and scale of the proposed addition is compatible with and will not adversely affect,
Resolution No. P-04- 54
Page 2
or be materially detrimental to, adjacent uses, residents, buildings, structures, or
natural resources; and
C. That the granting of the Minor Development Review Application would not be
materially detrimental to the public health, safety, or welfare since the proposed use
will complete improvements necessary for the addition to an existing residence; and
D. The project has been designed to minimize impacts on the surrounding community
by utilizing a split-level architectural design, and earth-toned wall and roof materials.
Therefore, the proposed development respects the public concerns for the
aesthetics of development; and
E. That the proposed use will not be detrimental to the public health, safety or welfare,
or materially injurious to properties or improvements in the vicinity nor be contrary to
the adopted General Plan because it will meet all development requirements; and
F. Thatthe proposed development will comply with each ofthe applicable provisions of
the Zoning Ordinance and the General Plan.
Section 3: The City Council hereby approves MDRA 04-40, to permit the construction of a
770-square-foot, second-story addition to an existing 3, 169-square-foot residence; a 337-
square-foot addition to an existing 675-square-foot attached garage; and a detached,
single-story, 1,009-square-foot guest house with an 891-square-foot attached garage on a
3.05-acre site, per site plans, grading plans, floor plans, and elevations on file with the
Planning Division dated April 2, 2004, subject to the following conditions:
A. Approval of this MDRA request shall apply to the subject project and shall not waive
compliance with all sections of the Zoning Ordinance and all other applicable City
ordinances in effect at the time of Building Permit issuance.
B. Within 30 days of approval, the applicant shall submit in writing that all conditions of
approval have been read and understood.
C. The conditions of MDRA 04-40 shall remain in effect for the life of the subject
residence and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
D. Prior to issuance of a Building Permit, the applicant shall comply with the following:
1. The building plans shall be consistent with the approved site plans, floor
plans and elevations dated April 2, 2004, on file in the Development Services
Department, except as modified by the conditions herein.
2. If grading is to exceed 50 cubic yards of earthwork, or if the cut is greater
than two feet In vertical depth and creates a cut slope steeper than 2:1 (two
Resolution No. P-04- 54
Page 3
horizontal to one vertical), or the fill is more than one foot in vertical depth,
the property owner shall apply for a Grading Permit and submit a grading
plan for review and approval to the City Development Services Department.
If the above conditions do not apply, the property owner shall provide a
certification from a state registered civil engineer or licensed architect
indicating the quantity of earthwork involved and pay a $500 inspection fee.
3. A $2,000 erosion control cash security shall be posted with the City.
4. The applicant shall attend a pre-construction meeting, at which time they
shall present an Action Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for erosion control can be provided using one or more of the
following guidelines:
a. Provide an on-site desiltation basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Cover all flat areas with an approved mulch.
c. Install an earthen or gravel bag berm that retains 3 inches of water
over all flat areas prior to discharge, effectively creating a desiltation
basin from the pad.
5. Prior to any rock blasting, a pre-blast survey of the surrounding properties
shall be conducted to the satisfaction of the Director of Development
Services, and a Blasting Permit shall be obtained from the Engineering
Division. Seismic recordings shall be taken for all blasting. Blasting shall
occur only at locations and levels approved by the Director of Development
Services.
6. Submit approval of septic system layout from the County Department of
Environmental Health stating that the septic system is adequately sized to
accommodate the building addition.
7. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer throughout the duration of the
construction period.
8. The site shall be developed in accordance with the approved site plans and
conditions of approval on file in the Development Services Department and
the conditions contained herein.
9. 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
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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.
10. 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.
11. Construction activity on the project site, including equipment preparation
(i.e., warming up engines), shall be limited to the hours of 7:00 a.m. to 7:00
p.m., Monday through Saturday. Grading activities, including equipment
preparation, shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday
through Friday.
12. 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) 748-0010, ext. 2089.
13. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
14. The maximum height of any fence or wall shall not exceed 6 feet. Any walls
proposed shall be reflected on the grading plans and shall be of decorative
block or stucco finish consistent with the exterior of the proposed residence.
15. All living quarters shall be equipped with low-flow plumbing fixtures.
16. A deed restriction shall be notarized and recorded with the County of San
Diego stating that no portion of the guest house shall ever be rented or
leased as a separate unit, and that no kitchen facilities shall be installed. No
natural gas connection or 220V electricity is permitted in the guest house
counter/sink area. The applicant shall submit an original, notarized deed
restriction to the City of Poway - Planning Division with the appropriate
recordation fee for filing with the County of San Diego.
E. The applicant shall comply with the following conditions prior to occupancy:
1. Proposed drainage facilities, any additional slope landscaping, and utilities
shall be constructed, completed, and inspected by the Engineering Inspector.
An adequate drainage system in the area of the addition capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector. The existing rip-rap shall be upgraded to handle the
dissipation of additional flow from the new brow ditch.
Resolution No. P-04- 54
Page 5
2. Runoff shall not be permitted to pond near the house foundation or cause
surface erosion along the slopes. Large concentrated flows over the
driveway and onto the street are not permitted.
3. The applicant 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.
F. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504,
UBC Standard 15-2 and City of Poway Ordinance No. 64 and its amended
Ordinance No. 526.
2. Approved numbers or addresses measuring 4 to 6 inches in height shall be
placed on the building in such a position as to be plainly visible and legible
from the street fronting the property. Said numbers shall contrast with their
background. Address shall be required at private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained with
a spark arrester.
4. A residential fire sprinkler system with a one-inch meter will be required.
Plans shall be submitted to the Fire Prevention Bureau for approval prior to
installation. (If a one-inch lateral off the street main is currently not present,
one will have to be installed.)
5. The applicant shall comply with the City of Poway Guide to Landscape
Requirements as it relates to Fire Fuel Management Zones.
Section 4: This MDRA 04-40 shall expire on August 17, 2006, at 5:00 p.m., unless a
Building Permit has been issued and construction or use of the property in reliance on this
permit has commenced prior to its expiration.
Section 5: Pursuant to Government Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on August 17, 2004.
Resolution No. P-04- 54
Page 6
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 17th day of August 2004.
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ATTEST:
~I/ A; g D..D:u1 QQ
errie D. Worrell, Deputy City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P-04-54 , was duly adopted by
the City Council at a meeting of said City Council held on the 17th day of August 2004, and
that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD
NOES:
NONE
ABSTAIN: NONE
ABSENT: CAFAGNA
Vdn~~ (J~~h 00
Sherrie D. Worrell, Deputy City Clerk
City of Poway
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