Res P-07-53
RESOLUTION NO. P-07-53
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 07-03
ASSESSOR'S PARCEL NUMBER 278-181-24
WHEREAS, MORA 07-03, ERB Engineering, Inc, ApplicanVGary and Carol Gavan,
Owners, requests approval to construct a 5,472-square-foot, single-story, single-family
residence, with an attached 1, 152-square-foot garage on a 2.0-acre property located at
the westerly terminus of Gavan Vista Road. The property is zoned Rural Residential B
(RR-B) and is located within the Hillside/Ridgeline Review Area; and
WHEREAS, on November 27,2007, 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: This project is found to be Categorically Exempt from the California
Environmental Quality Act (CEQA), 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: The findings, in accordance with Poway Municipal Code (PMC) Section 17.52,
approval to construct a 5,472-square-foot, single-story, single-family residence, with an
attached 1, 152-square-foot garage on a 2.0-acre property located at the westerly terminus
of Gavan Vista Road, are as follows:
A. That the home and garage 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, or be
materially detrimental to adjacent uses, residents, buildings, structures, or natural
resources; and
C. That the granting of the MORA would not be materially detrimental to the public
health, safety, or welfare since the proposed use will complete improvements
necessary for the new residence; and
D. That the project has been designed to minimize impacts on the surrounding
community by utilizing a low-profile architectural design and earth-toned wall and roof
Resolution No. P-07 -53
Page 2
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. That the proposed development will comply with each of the applicable provisions
of the Zoning Ordinance and the General Plan.
Section 3: The findings, pursuant to Government Code Section 66020 for the public
improvements, are 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. 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. 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 4: The City Council hereby approves MORA 07-03, to allow the construction of
a 5,472-square-foot, single-story, single-family residence, with an attached 1, 152-square-foot
garage on a 2.0-acre property located at the westerly terminus of Gavan Vista Road, per
site plans and grading plans on file with the Planning Division dated September 19, 2007,
and floor plan and elevations dated July 31,2007, subject to the following conditions:
A. Approval of this MORA 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 MORA 07-03 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.
O. Prior to grading, the applicant shall obtain a Grading Permit. Prior to issuance of a
Grading Permit, the applicant shall comply with the following:
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Resolution No. P-07-53
Page 3
(Engineering)
1. A grading plan for the development of the lot, prepared on a City of Poway
standard mylar (24" x 36") 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 grading plan
submittal checklist is available at the Engineering Division front counter. At
a minimum, the grading plans shall show the following:
a. All new slopes with a maximum 2: 1 (horizontal to vertical) slope. Tops
and toes of graded slopes shall be shown with a minimum 5-foot
setback from open space areas and property lines. Buildings shall
be located at least 5 feet from tops and toes of slopes, unless waived
by the Planning Division and/or Engineering Division prior to issuance
of a Grading Permit.
b. The driveway shall be in compliance with the specifications provided
in PMC Section 17.08.170D, and include the minimum structural
section, finish elevation, grades, and its connection to the access road.
c. A separate erosion prevention and sediment control plan for
construction activities. This plan shall provide for onsite de-silting basin
with a volume based on 3,600 cubic feet per tributary acre drained.
d. All utilities (proposed and existing), together with the appurtenances
and any easements. Encroachments are not permitted upon any
easement without an approved Encroachment Agreement/Permit.
e. Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work. Screening of utility boxes shall be to the satisfaction
of the Director of Development Services.
f. Locations and all pertinent elevations of all retaining walls. Include top
of wall and top of footing elevations for the new retaining walls.
g. Fuel Management Zones.
h. Method of water service to the house.
I. The proposed septic system and the septic field.
j. The linkage of the proposed driveway to the adjacent Gavan Vista
Road and the proposed pavement improvements.
k. A Storm Water Mitigation Plan (SWMP) report.
Resolution No. P-07 -53
Page 4
2. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work. The report shall be submitted with
the grading plan.
3. A drainage study, using the 100-year storm frequency criteria, shall be
submitted with the grading plan. The drainage system shall:
a. 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. Large concentrated runoffs (3 cubic feet per second or
greater) shall not be discharged over the driveway and into the street.
b. Cause post-development flow volumes from the project site to be equal
or less than pre-development flow volumes.
c. Said system shall include any needed easement(s) required to properly
handle the drainage.
4. The owner of the adjacent parcel in which the proposed driveway is located
shall be a party to the grading permit and be named as an applicant on the
Grading Permit Application.
5. Should the proposed grading disturb one acre or more, the property owner
shall file with the State Regional Water Quality Board a Notice of Intent (NOI)
for coverage under the statewide General Permit that 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. Applications 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
6. 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 10-year, 6-hour storm event; a material storage 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
Resolution No. P-07-53
Page 5
means of Best Management Practices (BMPs) to effectively eliminate
pollutants from entering the storm drain system. The engineer shall certify the
SWPPP prior to issuance of the Grading Permit.
7. If the area of 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 (SUSMP) Ordinance.
8. The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
9. Grading securities in the form of a performance bond and a cash deposit, or
letter of credit, shall be posted with the City prior to grading plan approval.
A minimum $2,000 cash security is required for erosion prevention and
sediment control.
10. The applicant shall attend a pre-construction meeting, atwhich time they shall
present an action plan that identifies measures to be implemented during
construction to address erosion, sediment, and pollutant control. Compliance
for sedimenUerosion control can be provided using one or more of the
following guidelines:
a. Provide an on-site de-silting basin with a volume based on 3,600 cubic
feet per tributary acre drained.
b Cover all flat areas with approved mulch.
c. Install an earthen or gravel bag berm that retains three (3) inches of
water over all disturbed areas prior to discharge, effectively creating a
de-silting basin from the pad. The earthen berm and gravel bags shall
be keyed in a minimum of surface grade.
11. Construction staking shall be installed by the owner 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.
12. A leach filed layout for sewer shall be submitted to the Engineering Division for
review prior to septic permit from County Health Department. Percolation test
results shall be included.
Resolution No. P-07-53
Page 6
13. 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.
14. 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 5:00
p.m. Monday through Saturday. Grading activities, including equipment
preparation, shall be limited to the hours of 7:00 a.m. to 5:00 p.m. Monday
through Friday.
(Planning)
15. A landscape/irrigation plan for slopes over 5:1 and 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. A $525.00 plan check fee/deposit is required with
the landscape plan submittal package. 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 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,
or hand planted cuttings appropriately spaced to eventually control soil
erosion.
d. If construction of the residence does not commence within 90 days of
completion of grading, all manufactured slopes steeper than 5:1 shall
be hydroseeded and irrigated to the satisfaction of the Director of
Development Services.
E. Prior to construction the applicant shall obtain a Building Permit. 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 and
grading plans dated September 19, 2007, and floor plan and elevations dated
Resolution No. P-07-53
Page 7
July 31, 2007, on file in the Development Services Department, except as
modified by the conditions herein.
(Engineering)
2. Erosion control, including, but not limited to, de-silting basins, shall be installed
and maintained by the developer throughout the duration of the construction
period.
3. 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. 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.
4. Rough grading is to be completed and meet the approval of the City Inspector
and shall include submittal of the following:
a. A certification of line and grade prepared by the engineer of work.
b. A final soil compaction report for review and approval by the City.
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. Prior to delivery of combustible building materials, the on-site water system
shall satisfactorily pass all required tests and be fully operational.
7. The following development fees shall be paid to the Engineering Services
Department prior to Building Permit issuance. These fees are currently in
effect and are subject to change.
Water:
Meter Size %-inch 1-inch
Meter Cost $ 130 $ 270
Expansion Fee $3,710 $6,678'
Service Line $1 ,430 $1,430
SDCWA Capacity Fee" $4,326 $6,922
SDCWA Treatment Fee" $ 166 $ 266
'If a 1" meter is required only due to fire sprinklers, %" fee will apply.
"To be paid by separate check, payable to the San Diego County Water
Authority (SDCWA).
Resolution No. P-07 -53
Page 8
Traffic Mitigation = $ 990
Park = $2,720
Drainage = $ N/A
8. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
(Building)
9. 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.
(Planning)
10. Exterior building materials and finishes shall reflect the approved elevations on
file with the City, and shall consist of muted earth tones and a tile roof as noted
on the building plans to the satisfaction of the Director of Development
Services.
11. The maximum height of any fence or wall shall not exceed six (6) feet. Any
retaining walls or fire walls shall be constructed of decorative block (split face
or slump stone) or be stucco and painted to match the residence.
12. All living quarters shall be equipped with low-flow plumbing fixtures.
13. An Affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be paid
prior to Building Permit issuance.
14. Fuel Management Zones shall be shown on Building Permit site plans.
F. The applicant shall comply with the following conditions prior to occupancy:
(Engineering)
1. Driveways, drainage improvements, all new drainage facilities, slope
landscaping and protection measures, and all utilities, shall be constructed
and completed by the property owner, and inspected by the Engineering
Inspector. The driveway shall be constructed in accordance with the Poway
Municipal Code.
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.
3. The applicant shall repair any and all damages to Gavan Vista Road caused
by construction activity from this project, to the satisfaction of the City
Engineer.
Resolution No. P-07-53
Page 9
4, If compliance with the Standard Urban Storm Water Mitigation Plan (SUSMP)
is required the applicant shall record a maintenance agreement for
maintenance of the Best Management Practices devices as required by the
ordinance,
5. All proposed utilities within the project site shall be installed underground,
6, A private road maintenance agreement for Gavan Vista Road, in a form
satisfactory to the City Attorney, shall be executed by the owner. Said
agreement is to comply with Ordinance No. 280, Poway Municipal Code
Section 12,20,60. The applicant shall provide to the City the necessary legal
descriptions and plat maps for the agreement.
7, A private access easement over Parcel 1 of PM 15102 for the benefit and use
of the subject parcel, and for the purposes of driveway construction, shall be
recorded at the County Recorders Office, A copy of the recorded easement
shall be submitted to Development Services Department prior to issuance of
occupancy.
8, 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 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,
(Planning)
9, Landscape and irrigation shall be installed and maintained in accordance
with the approved landscape and irrigation plans, 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.
G, 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,
Resolution No. P-07-53
Page 10
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 than 16 feet of unobstructed width, with an 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 City Engineering Inspector, pursuant to the City of
Poway Municipal Code.
5. Dead-end access roadways in excess of 150 feet long shall provide 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. Clarify the dimensions of the motor court. The
center portion of the electrical area may indicate an area of non-pavement,
which will impede the fire department turn around requirements.
6. 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 is
currently not present, one will have to be installed).
7. 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, approved fire protection system(s) shall be provided as
required and approved by the Fire Chief.
8. The applicant shall comply with the City of Poway Guide to Landscape
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 Landscape Requirements prior to
Grading Permit issuance.
9. If an electric gate is installed, it shall have a Knox override key switch that shall
be ordered through the Poway Fire Department.
Section 6: This Minor Development Review Application 07-03 shall expire on November
27,2009, 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 7: 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 November 27,2007.
Resolution No. P-07-53
Page 11
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 27th day of November 2007.
Michael P. Cafagn
ATTEST:
0ih~Lv--
L. Diane Shea, City Clerk
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 -53, was duly adopted by the City Council
at a meeting of said City Council held on the 27th day of November 2007, and that it was so
adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED NONE
f6e&;~I~
City of Poway