Res P-08-26
RESOLUTION NO P-08c26
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MORA) 06-09
ASSESSOR'S PARCEL NUMBER 323-290-43
WHEREAS, MORA 06-09, Zakhary Berezovsky, Applicant, requests approval to
construct a 7,066-square-foot, two-story, single-family residence with an attached
958-square-foot garage, and a 1,448-squarecfoot, detached guest house with a
573-squarecfoot, attached garage, on a 2.41-acre property located off of Gate Drive
The property is zoned Rural Residential C (RR-C) and located within the
Hillside/Ridgeline Review Area, and
WHEREAS, on October 7, 2008, 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 An Environmental Initial Study was completed for the project. It was
determined that while the project will not have a significant adverse impact on the
environment, it could result in potential impacts in the area of archaeology All
anticipated project impacts, however, can be mitigated to a level of less than significant.
It is recommended that a Mitigated Negative Declaration be approved
Section 2. Pursuant to the Poway Subarea Habitat Conservation Plan (PSHCP), a
biological survey was prepared for all three properties on June 19, 2008, by Robin
Church, RC Biological Consulting, Inc. These properties consist of 209 acres of
Coastal Sage Scrub (CSS), 052 acres of Native Grassland (NG), 366 acres of Non-
Native Grassland (NNG), which include three individual Coast Barrel Cactus plants,
o 56 acres of Southern Mixed Chaparral (SMC) and 040 acres of disturbed area, for a
total of 7.23 acres Project grading and Fire Fuel Management Zones for development
pursuant to MORA 06-05, MORA 06-06, and MORA 06-09 will impact approximately
446 acres of habitat; of this, 1.20 acres will be CSS, 040 acres will be NG, 2.29 acres
NNG, 0 30 acres of SMC and 0.27 acres will be disturbed land
A. The project sites are not in the mitigation area of the PSHCP The
mitigation is consistent with and furthers the implementing objectives of the
PSHCP in that the applicant will mitigate impacts to 1.20 acres of CSS habitat at
a 2:1 ratio (2.40 acres mitigation), 040 acres of NG at a 2:1 ratio (080 acres),
2.29 acres of NNG at a 2.1 ratio (458 acres), 030 acres of SMC at a 2 1 ratio
(060 acres), and 0.27 acres of disturbed habitat at a 1 1 ratio (0.27) This
mitigation will require the purchase of similar quality habitat within the identified
mitigation area of the PSHCP and recording a Biological Conservation Easement
on this area If it is infeasible for the applicant to purchase land within an
Resolution No P-08-26
Page 2
identified mitigation area of the PSHCP, with similar quality habitat, then an In-
Lieu Fee to be used by the City forthe future purchase of habitat will be paid
As the project will be preserving habitat within an identified mitigation area or
paying for future habitat acquisition, it is meeting the goal of the PSHCP
Therefore, the project meets the intent of the Poway HCP
B Preservation of such habitat within the Mitigation Area and/or payment of In-Lieu
Fees will contribute toward the building of the ultimate total Mitigation Area
preserve system of the HCP Therefore, such habitat preservation and/or
payment of In-Lieu Fees will serve to enhance the long-term viability and function
of the preserve system.
C The habitat preserved through offsite dedication, or purchased by Habitat
Mitigation In-Lieu Fees paid will be to the long-term benefit of the HCP covered
species and their habitats in that the recordation of a Biological Conservation
Easement over undisturbed and unencumbered habitat (See "A" above) will
promote a meaningful addition to the assembly of a viable regional system of
uninterrupted natural habitat resources, habitat linkages, buffers, and wildlife
corridor
0 The preserved habitat will foster the incremental implementation of the HCP in an
effective and efficient manner in that the preservation of offsite conservation
area(s) will be within an identified Mitigation Area within the City, and/or the
payment of In-Lieu Fees will likewise contribute towards, assembling the total
Mitigation Area preserve system.
E. The preserved habitat will not result in a negative fiscal impact with regard to the
successful implementation of the HCP as the subject mitigation lands will be
dedicated to the City of Poway in fee title and/or placed within permanent public
Biological Conservation Easements or In-Lieu Fees will be paid
Section 3 The findings, in accordance with Poway Municipal Code (PMC) Chapter
1752, to approve Minor Development Review Application 06-09 to construct a 7,066-
square-foot, two-story, single-family residence with an attached, 958-square-foot
garage, and a 1,448-square-foot, detached guest house with an attached, 573-square-
foot garage, on a 2,41-acre property located on the east side of Gate Drive, 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
Resolution No P-08-26
Page 3
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
0 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 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 Poway General Plan
Section 4 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 5 The City Council hereby approves MORA 06-09, to allow the construction
of a 7,066-square-foot, two-story, single-family residence, and an attached 958-square-
foot garage, and a 1,448-square-foot, detached guest house with an attached,
573-square-foot garage on a 2,41-acre property located on the east side of Gate Drive,
per site plans and grading plans on file with the Planning Division dated July 11, 2008,
Resolution No P-08-26
Page 4
and floor plan and elevations dated September 11, 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 06-09 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
0 Prior to grading, the applicant shall obtain a Grading Permit. Prior to issuance of
a Grading Permit, the applicant shall comply with the following:
(Engineering)
1 A grading plan for the development of the lot(s), prepared on a City of
Poway standard mylar (24" x 36") at a scale of 1" = 40', 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
five-foot setback from open space areas and property lines unless
waived by the Planning Division and/or Engineering Division prior to
issuance of a Grading Permit. Buildings 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 a
Grading Permit.
b The driveway shall be in compliance with the specifications
provided in PMC Section 1708 1700, and include the structural
section, finish elevation, grades, and its connection to the access
road In the RR-C zone driveways steeper than 15% shall be
surfaced with 6" PCC The driveway approach connection at Gate
Drive shall be per San Diego Area Regional Standard Drawings.
c. Prepare and submit a recorded access/d riveway/rig ht -of-entry
easement between adjacent property owners in order to allow for
Resolution No P-08-26
Page 5
driveways and parking areas to cross property lines. Clearly show
the easement limits and recording information on grading plans
d. A separate erosion control plan for prevention of sediment runoff
during construction.
e 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.
f 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
g. Indicate all new water and sewer service(s) for each property and
their point(s) of connection with the City main(s) Note. Each lot
must have a separate sewer service lateral and public lateral
connection to the main (i.e no combined/shared laterals allowed)
Developer may elect to create a public sewer main within the
30- foot driveway easement connection to Gate Drive and therefore
must also provide a minimum 20-foot wide public sewer easement
encompassing said public sewer main.
h Submit Public Waterline easement and closure calculations
extending up to the proposed Fire Hydrant and callout this
easement location on plans Size of waterline and pipe materials
shall be per Poway standards Show existing water main in Gate
Drive (with size and material type noted) and detail the connection
point of new waterline
I. Method of building roof drainage from proposed structures
J. Low Impact Development (LID) measures and strategies that will
emphasize conservation and use of onsite natural features
combined with engineered hydraulic controls to more closely reflect
pre-development hydrologic functions
k. Enhanced Treatment Control Best Management Practices to treat
runoff from the development prior to its passage to the existing
storm drain system.
I. Site Design and Source Control Best Management Practices.
Resolution No P-08-26
Page 6
m. Typical sections through the site, including buildings, and driveway
n. Top of wall and top of footing elevations, and locations for all
retaining walls. Note type of wall (i.e SDRSD No ) and include on
legend
0 Grass lined swales for filtering runoff, as opposed to cobblestone
swales.
p Show the entire limits for the 30-foot wide private road easement
connecting the project site to Gate Drive and note whether existing
or proposed and, if existing, submit a copy and note the recording
information on the plan.
q All easements within project limits as noted in title report.
r All undergrounding of utilities, as determined by the Engineering
Division, and removal of any power poles, with appropriate notes
indicating the need for undergrounding.
s Fire Fuel Management Zones.
t. Biological Conservation Easements and Open Space Easements.
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. Slope stability analysis shall be included or
accompany the soils report for all cut/fill slopes over two (2) feet in height
regardless of the slope ratio
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. Shall include any needed easement(s) required to properly handle
the drainage
Resolution No P-08-26
Page 7
4 Due to the project's new driveway surface areas exceeding 5,000 square
feet, the plans shall demonstrate the project complies with the City's
Standard Urban Stormwater Mitigation Plan (SUSMP) regulations.
Specifically, the applicant shall submit a Storm Water Mitigation Plan /
Water Quality Technical Report that identifies primary and secondary
pollutants resulting from the development that might impair the receiving
waters, establishes site design Best Management Practices (reducing
runoff), establishes source control BMP (preventing/minimizing storm
water contact with pollutants), selects treatment control measures to
address pollutants (removing pollutants from contaminated water), and
requires annual inspection and maintenance of all storm water facilities
after construction. A standard SUSMP checklist shall accompany the
required report.
5 Due to the project's proposed grading exceeding one (1) acre, prior to the
issuance of the Grading Permit, the property owner(s) 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 Due to the project's proposed grading exceeding one (1) acre, prior to
issuance of a Grading Permit, the applicant 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, onsite 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 The SWPPP preparer shall use the
Building Industry Association of San Diego County guidelines to prepare
the SWPPP
Resolution No P-OS-26
Page S
7 A "Maintenance Agreement" for maintenance of the common driveway
shall be prepared, executed by property owners, and subsequently
recorded in the office of the San Diego County Recorder (via the City
Clerk's office) prior to issuance of a Grading Permit.
Prior to recordation of the agreement, it shall be submitted to the City for
review and approval as to form and content by the City Attorney The
agreement shall include a legal description and an exhibit plat, to depict
the area to be commonly maintained. Each property owner shall provide
the City with proof of access rights or easements to areas that is not within
their respective ownership
This requirement for maintenance agreement is based on the premise that
the driveway as shown on the conceptual plan provided for condition
purposes is to be utilized by three adjoining properties, identified as APN's
323-290-17, 1S, 43 for MORA's 06-05,06-06 and 06-09 respectively
S A "Storm water Management Plan" (SWMP) shall be prepared and
submitted to the City for review and approval prior to grading permit
Issuance
9 A "SUSMP Maintenance Agreement" shall be prepared and submitted to
the City for review and approval. Owners shall execute agreement and
recorded in the office of the San Diego County Recorder (via the City
Clerk's office) prior to issuance of a Grading Permit.
10 The applicant shall pay all applicable engineering, plan checking, permit,
and inspection fees.
11 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.
12. The applicant shall apply for a water system analysis to establish the
proper size and location of the public water system The fee for the
analysis is $1,550 If a hydrant is required, the applicant shall submit
engineering public improvement plans, along with plan check and
inspection costs, for this public improvement.
13 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.
Resolution No P-OS-26
Page 9
Compliance for erosion control can be provided using one or more of the
following guidelines
a. Provide an onsite 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 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
14 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.
15 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
16 Construction activity on the project site, including equipment preparation
(i.e , warming up engines), shall be limited to the hours of 700 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)
17 The applicant shall submit landscape and irrigation plans, pursuant to the
City of Poway Guide to Landscape Requirements The landscape and
irrigation plans shall identify plant species, sizes, and automatic irrigation
for all manufactured slopes greater than a 5 1 slope, location and detail of
retaining walls, open space staking, and Fire Fuel Management Zones
consistent with the approved Fire Fuel Management Zones and the City of
Poway Guide to Landscape Requirements A $525 00 plan check
fee/deposit is required with the landscape plan submittal package The
landscape plans must show the following
Resolution No P-08-26
Page 10
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,
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 The landscape plan must be reviewed by a qualified archaeologist
to the satisfaction of the Director of Development Services to
ensure that the proposed landscaping and fire management
activities will not impact archaeological resources located within
any Open Space Easements for these resources.
18 All slope plantings shall be installed, and an automatic irrigation system
shall be installed and operational at time of final inspection.
19 According to the habitat assessment and area calculations prepared on
June 19, 2008, by Robin Church, RC Biological Consulting, Inc., this
property, APN 323-290-17, and APN 323-290-18 contain a total of 2.09
acres of Coastal Sage Scrub (CSS), 0 52 acres of Native Grassland (NG),
3 66 acres of Non-Native Grassland, 0 56 acres of Southern Mixed
Chaparral (SMC) and 040 acres of disturbed land for a total of 723 acres.
Offsite impacts on the easement from Gate Drive to the properties include
012 acres of NNG and 006 acres of disturbed land Project grading,
access and Fire Fuel Management Zones for the three homes will impact
approximately 4 46 acres, of this, 1.20 acres will be CSS habitat, 0 40
acres NG, 2.29 acres NNG, 0 30 acres of SMC and 0.27 acres of
Disturbed Habitat.
Mitigation will be completed as follows
Resolution No P-OS-26
Page 11
a. The subject properties, MORA 06-05, MORA 06-06, and MORA 06~
09, are located outside of the Poway Subarea Habitat Conservation
Plan (PSHCP) Mitigation Area, therefore, offsite dedication of S 65
acres of habitat of equal or greater conservation value is required.
Said offsite dedication shall require the applicant(s) to place S 65
acres of in-kind habitat in a Biological Conservation Easement.
Said Conservation Easement shall be approved by the City
Attorney, and shall be notarized and recorded with the County of
San Diego In compliance with the PSHCP, the City shall
subsequently re-zone the mitigation land to Open Space-Resource
Management to ensure its permanent preservation The applicant
may opt to complete the mitigation requirement through payment of
a Habitat Mitigation In-Lieu Fee. Presently, the Habitat Mitigation
In-Lieu Fee is $1 O,OOO/acre
b Any Coast Barrel Cactus found onsite and disturbed by
development shall be relocated onsite or to a City approved
transplant location, to the satisfaction of the Director of
Development Services.
c. In the event that all three properties, approved pursuant to MORA
06-05 for APN 323-290-17, MORA 06-06 for APN 323-290-1S, and
the subject site, do not develop at the same time, the applicant
shall obtain an updated Biological Report to document what habitat
will be removed to develop the subject site The applicant shall
initigate for the habitat removed in the same ratio as referenced in
the updated Biological Report.
20 In accordance with Condition H of the PSHCP 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.
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
Resolution No P-OS-26
Page 12
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 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
21 The biologist must attend the City's pre-construction meeting for the
project and must be present onsite 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
22 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
Resolution No P-OS-26
Page 13
23 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.
24 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.
25 The applicant shall prepare and record an Open Space Easement for the
area near the north property line, which contains artifacts that are not
proposed to be impacted by the development of the parcel, to the
satisfaction of the Director of Development Services. As an alternative,
the applicant may pursue further review of the area with a qualified
archeologist to determine the level and significance of artifacts and
whether their protection is warranted. The findings of this review shall be
submitted to the Director of Development Services for review and
approval. If it is determined that the level of artifacts is insignificant, then
no Open Space Easement will be required
26 The applicant shall retain the services of a qualified archaeologist, to the
satisfaction of the Director of Development Services, who will be onsite
during the grading process. The archaeologist shall attend the pre-
construction meeting In the event that any cultural resources are
uncovered during grading, the archaeologist shall have the authority to
stop the construction operation and/or direct the work to another area of
the site while the find is analyzed. Should mitigation be required, the
archaeologist shall formulate a mitigation plan for review and approval by
the Director of Development Services before more grading work occurs
within the affected area. Any mitigation measures required for new sites
must be completed before grading resumes in these areas.
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 July 11, 200S, and floor plan and elevations dated
September 11, 2007, on file in the Development Services Department,
except as modified by the conditions herein
Resolution No P-08-26
Page 14
(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. The developer shall maintain all erosion control
devices throughout their intended life
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 of the lot is to be completed and must 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 onsite 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
SDCWA Capacity Fee** $4,326 $6,922
* If a 1" meter is required only due to fire safety requirement, then %"
water meter fees will apply except for the actual meter cost.
**To be paid by separate check, payable to the San Diego County Water
Authority (SDCWA)
Resolution No P-OS-26
Page 15
Sewer:
Connection = $2,356
Cleanout box = $ 50
Inspection fee = $ 25
Traffic Mitigation = $2,000
Park = $2,720
Drainage = $1,200
S 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 (S5S) 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. No
walls or fences shall be installed that may constrict wildlife movement
through any open space corridors specifically created for the movement of
wildlife as part of the PSHCP, except as approved by the City of Poway
prior to installation.
12. All living quarters shall be equipped with low-flow plumbing fixtures
13 An Affordable Housing In-Lieu Fee shall be paid at the rate established at
the time of Building Permit issuance Currently, the fee for the proposed
residence is $4,500
14 Fire Fuel Management Zones shall be shown on Building Permit site
plans.
15 Any proposed entrance monument shall adhere to a maximum height of six
feet or be located a minimum of 40' from the front property line A separate
Building Permit may be required
16 The archaeologist shall submit a final cultural resources report and all
recovered artifacts to the City of Poway for approval and acceptance The
artifacts shall be stored at an appropriate facility as approved by the City
of Poway
Resolution No P-DS-26
Page 16
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 Run-off 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 If a fire hydrant is required, a water line easement for the water main and
fire hydrant shall be dedicated to the City of Poway, and shall be
conveyed through a separate document prior to building occupancy The
appropriate reviewing fee shall be paid to the City
4 The applicant shall repair any and all damages to private streets caused
by construction activity from this project, to the satisfaction of the City
Engineer
5 All proposed utilities within the project site shall be installed underground
6 Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
1652.130B 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)
7 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
S No fencing or gates shall be installed in the 30-foot access easement
along the north property line
Resolution No. P-OS-26
Page 17
(Public Works)
9 The property shall be annexed into Lighting District Zone A to the
satisfaction of the Director of Public Works
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 California Building Code
Section 1505, 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 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
and the Fire Chief, 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
6 The structure is in the Wildland Urban Interface; an interior automatic fire
sprinkler system is required
7 All exterior, attached, overhead covers four feet or greater in depth, shall
be equipped with an approved exterior fire sprinkler head (Teflon or wax
coated)
S 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) If a
Resolution No P-08-26
Page 18
pressure pump is required for fire sprinkler operation, auxiliary power is
required.
9 This dwelling is being built beyond the maximum of 500 feet to the nearest
fire hydrant. The dwelling is within the City's Water Service Area,
therefore, an onsite fire hydrant will be required Adequate road width
shall be provided within the immediate area of the hydrant location to
allow for the passing of two fire apparatus, generally measuring 24 feet in
width.
10 The applicant shall comply with the City of Poway Guide to Landscape
Requirements as it relates to Fire 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
11 Show permanently wired smoke detectors, with battery backup, in each
sleeping room, and at a point centrally located in the corridor/hallway area
leading to each separated sleeping area. The smoke detectors shall be
hard wired, with a battery backup, and shall be wired in such a manner
that if one detector activates, all detectors activate.
12. Doors leading from attached garages into the structure shall meet the
requirements for a 20-minute fire door assembly
13 Propane tanks or containers up to 500 gallons shall maintain a minimum
10-foot clearance from structures, combustibles and property lines. Tanks
greater than 500 gallons shall maintain a 25-foot clearance Tanks shall
be secured in an approved manner as per the California Fire Code
Wildland Urban Interface Requirements:
14 Structure Setback (measured from the top of slope to the farthest
projection from the roof)
a. A 15-foot horizontal setback distance is required for single-story
structures (single-story structure shall be less than 12 feet above
grade)
b A 30-foot horizontal setback is required for two-story structures.
The required structure setback shall be shown on the plot plan
15 Exterior wall finished material shall be non-combustible and comply with
the California Building Code (e g. stucco, masonry, cement fiber board,
heavy-timber, etc.) In addition, all exterior walls are required to be
Resolution No P-08-26
Page 19
protected with two-inch nominal solid blocking between rafters at all roof
overhangs. Wood shingle and shake wall coverings shall be prohibited
Appendages and projections attached to a structure, such as exterior
balconies, carports, decks, and patio covers, shall be constructed to
maintain the fire-resistive integrity of the exterior walls Such appendages
and projections shall meet the requirements for all setbacks and fuel
modification zones.
16 Exterior windows and glazing are restricted to multilayered glass (dual
glazed) and shall be tempered. Glazing frames made of vinyl materials
shall have welded corners and reinforcement in the interlock area, and be
certified ANSI/AAMA/NWWDA 101/LS.2-97 structural requirements
Provide note on plans.
17 Skylights and solatubes shall be tempered glass. Provide note on plans
18 Exterior doors shall be of approved, non-combustible construction or
ignition-resistant, solid core wood not less than 1% inches thick, or have a
fire protection rating of not less than 20 minutes. Windows within doors
and glazed doors shall comply with exterior window and glazing
requirements. Provide note on plans
19 All eave and soffit construction shall be .ignition resistant and In
compliance with the Poway Municipal Code Chapter 15 05, Wildland
Urban Interface Building Code Provide details and notes on plans for
eave and soffit construction.
20 Eave and soffit ventilation shall be constructed in such a manner as to
provide for flame and ember penetration resistance Alternate designs and
methods will be considered on a case-by-case basis Provide details
showing size and location of attic ventilation and subfloor ventilation on
plans
21 Roof and attic vents are prohibited to be in locations where embers are
most likely to accumulate Provide details showing size and location of
attic ventilation on plans
22 Gutters and downspouts shall be constructed of non-combustible
materials Gutters shall be designed to reduce the accumulation of leaf
litter and debris that contributes to roof edge ignition.
23 The first ten feet of material for fences and other attachments to structures
shall be constructed of non-combustible material or pressure-treated,
exterior, fire-retardant wood Gates are permitted provided that a five foot
Resolution No P-08-26
Page 20
minimum length section of non-combustible fencing material is installed as
a firebreak immediately adjacent to the gate
24 Unenclosed, under-floor areas shall be enclosed to the ground or all
exposed structural columns, beams, and supporting walls are to be
protected as required for one-hour, fire-resistance-rated construction or
heavy-timber construction per the California Building Code
25 All awnings attached to any structure shall meet the 15-foot, structure-
setback requirement and be identified as fire rated Additionally, the
awning shall be contained in a metal, self-closing or box-protected cover
26 Detached auxiliary structures (playground equipment, free-standing decks,
gazebos, sheds, palapas, and trellis) less than 250 square feet and 30
feet from the nearest structures and property lines are not required to
meet the fire-resistive requirements.
27 All thatched roofing materials shall be a minimum 30 feet from any
structure and shall have an applied fire retardant chemical. Proof of
application and the UL rating of the fire retardant chemical shall be
provided to the Fire Department upon request.
28 Solar panels shall be located no closer than 20 feet from a combustible
structure and shall have a metal frame All solar panels placed on a roof
top shall comply with a Class "A" roof assembly
29 Surface - Fire apparatus access roads shall be designed and maintained
to support the imposed loads of fire apparatus not less than 75,000 Ibs.
unless authorized by the Fire Department, and shall be provided with an
approved paved surface so as to provide all-weather driving capabilities
When deemed necessary, in the opinion of the Fire Chief, a paved surface
shall mean asphalt or concrete surface.
30 Turning Radius - 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 Chief
31 Dead-Ends - All dead-end fire access roads in excess of 150 feet in
length shall be provided with approved provisions for the turning around of
emergency apparatus A cul-de-sac shall be provided in residential areas
Resolution No P-OS-26
Page 21.
where the access roadway serves more than two structures Minimum
unobstructed paved radius width for a cul-de-sac shall be 3S feet in
residential areas. The Fire Chief shall establish a policy identifying
acceptable turnarounds for various project types.
32. Grade - The gradient for a fire apparatus access roadway shall not exceed
200%. Grades exceeding 150% (incline or decline) shall not be permitted
without mitigation. Mitigation shall consist of, at a minimum, the installation
of fire sprinkler systems and a surface of Portland cement concrete (PCC),
and with a deep broom finish perpendicular to the direction of travel or
equivalent, to enhance traction. The Fire Chief may require additional
mitigation measures when deemed appropriate. The angle of departure
and angle of approach of a fire access roadway shall not exceed seven
degrees (12%) or as approved by the Fire Chief
33 Access roadways shall provide for vegetative fuel management of 15 feet on
each side of the paved portion of the roadway
Section 6. This Minor Development Review Application 06-09 shall expire on October 7,
2010 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 gO-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 October 7, 200S
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 7th day of October 200S
ATTEST
Resolution No P-OS-26
Page 22
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Penny Riley, Deputy City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No P-OS-26, was duly adopted by
the City Council at a meeting of said City Council held on the 7th day of October 200S,
and that it was so adopted by the following vote
AYES BOYACK, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT EMERY
DISQUALIFIED NONE