Covenant Regarding Real Property 2008-0113394
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RECORDiNG REQUEST BY. ) 11111111111111111111111111111\\ 1111111111111111111111\\1111\\ 111\ 111\ I
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CITY OF POWAY ) I
) MAR 04, 2008 4.21 PM i
WHEN RECORDED MAIL TO: ) I
CITY CLERK f!f3 : nFFlLlo.L REcom,'"
':o,I..:.,N [IIEI::iO COUt',iT'1 RECORDEF:"::, OFFICE
CITY OF POWAY \~ ) bREC,IIH'1 ,I SMITH [:I]U~JT'I F:ECDR[IEFi
POBOX 789 ri FEES 54.aU
POWAY CA 92074-0789 \ ) PAGES: 19
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APN 277-080-09
MCUP 07-03
COVENANT REGARDING REAL PROPERTY
BBA Partners, LLC, a Delaware Limited Liability Company, PROPERTY OWNER ("OWNER"
hereinafter), is the owner of real property described as:
PARCEL 1 OF CITY OF POWAY TRACT NO 02-02 THE HEIGHTS, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND CONTAINED
WITHIN PARCEL 2 OF MAP 01648 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY,JUNE 20,1973,
and more commonly known as Assessor's Parcel Number 277-080-09 ("PROPERTY" hereinafter)
located on Valley View Road. In consideration of the approval of Minor Conditional Use Permit
(MCUP) 07-03, by the City of poway ("CITY" hereinafter), OWNER hereby agrees to abide by the
conditions in the attached Resolution (Exhibit A).
This Covenant shall run with the land and be binding upon and inure to the benefit of the future
owners,encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that MCUP 07-03 expires or is rescinded by City Council at the request of the
OWNERS, CITY shall expunge this Covenant from the record title of the PROPERTY
In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be
entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party
OWNER:
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Dated: By'
Gary B Sabin (
BBA Partner
CITY OF POWAY
Dated: \ \\ l"5107 BY_P~ ~
Patti Brindle, Interim Director of Development Services
M:lplanningI07report\mcupIMCUP 07,03 SabinICOVENANT.OOC
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CALlFORNIAALiL.P~RP9$E:ACKNOWLEDGMENT
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personally appeared .rl~
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evidence
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to be the person(s) whose name(s) is/are ,
, subscribed to the within instrument and
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acknowledged to me that he/she/they executed
the same in his/her/their authorized
,- capacity(ies), and that by his/her/their
, signature(s) on the instrurnent the person(s), or I
,- the entity upon behalf of which the person(s) ,
- jANET S: CHRISTENSEN I acted, executed the instrument.
,- COMM. ,#1509449 z
, Notary PU,bt..i.c ~.?~ifori1ia ~
San Diego County ~--
_Comm__ Expnes Au _ -24;>2008
Place Notary Seal Abo'le
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,- Though the information below-is notlequired by law, it may prove va/ljab{fjlto persof!s relying on the document
, and could prevent fraudulent removal and reattachment of this. form to another document.
Description of Attached Document ,
,- Title or Type of Document: ,
,
Document Date: Number of Pages:
, Signer(s) Other Than Named Above:
,
Capacity(ies), Claimed by Signer
,- Signer's Name:
, o Individual .
, Top of thllmb here
I- o Corporate Officer - Title(s/:
I o Partner-- 0 Limited 0 General
,- o Attorney in Fact
,- o Trustee I
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Signer Is Representing;
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@1997'NationaINotaryAssociatibn 9350 De SotoAve" P.O. Bo~ 2402 Chatsworth,.CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800 876-6827
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RESOLUTION NO P-07 -52
A RESOLUTION OF THE CITYCOUNCIL
OF HIE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 07-03
AND MINOR DEVELOPMENT REVIEW APPLICATION 06-14,
TO INSTALL TENNIS COURT LIGHTS AND CONSTRUCT A
SINGLE-FAMILY RESIDENCE WITH ACCESSORY STRUCTURES
. ASSESSOR'S PARCEL NUMBER 277-080-09
WHEREAS, Minor Conditional Use Permit (MCUP) 07-03 and Minor Development
Review Application (MDRA)06-14weresubmitted by Gary Sabin, Applicant, to permit the
installation of court lights and the construction of a 10,323-square-foot, two-story, single-
family residence, with an attached 1,950-square-foot garage, a 2,227 square-foot
accessory structure, and a tennis court on a 4 72-acre parcel located on Lot 1 of TIM
02-02 on Valley View Drive, zoned Rural Residential A (RR-A); and
WHEREAS, on November 27, 2007, the City Council held a duly advertised public
hearing to solicit comments froin 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 City Council finds that MCUP 07-03 and MORA 06-14 are exempt from
the provisions of the California Environmental Quality Act (CEQA), as a Class 3 Categorical
Exemption, pursuant to Section 15303 of the CEQA Guidelines, in that it involves the
construction of an accessory structure as part of a single-family residence
Section 2: The findings, in accordance with Section 17 48 070 of the Poway Municipal
Code, to approve MCUP 07-03,topermit the installation of lights at a tennis court approved
through MORA 06-14, on Lot1 of TIM 02-02, within the RR-A zone, are made as follows.
A The design of the proposed tennis court lighting will meet the required lighting type,
height limit, and operating hours, and will otherwise comply with all of the relevant
codes and standards of the City of Poway The proposed use is considered to be
an allowable accessory use in the zone, with the approval of a Minor Conditional
Use Permit. Therefore, the proposed location, size, design, and operating
characteristics of the proposed use are in accordance with the title and purpose of
Section 1748 070, the purpose of the zone in which the site is located, the General
Plan, and the development policies and standards of the City
B The location and design of the proposed tennis court lighting will not create a
negative visual impact on surrounding properties as the tennis court is situated
Within the rear side yard and will be screened bY'the residence Dense landscaping
installed around the perimeter of the tennis court will. reduce the visibility of the lights
from surrounding properties, Additionally, there are large open space areas of
native vegetation that separate the tennis court from the adjacent properties The
court lightswill not impact the residences on the adjacent parcels as the court lights
EXHIBIT A
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Resolution No P-07 -52
Page 2
will be located ,at the rear of the parcel and will be restricted by the residential
structure. The lights are required to be shielded,and dense vegetation, required by
the conditions of approval, will screen the court lights, Therefore, the location, size,
design, and operating characteristics of the proposed use will be compatible with
and will not adversely affect or be materially detrimental to adjacent uses, residents,
buildings, structures, or natural resources.
C The light standards for the tennis court are limited to a maximum of eight lights and
a maximum height of 18 feet. Therefore, the harmony in scale, bulk, coverage, and
density of the project is consistent with adjacent uses
D There are public facilities,. services, and utilities available.
E. The proposed lighting will be directed within the project boundaries and will be
softened by landscaping to reduce visibility of the lights from the surrounding
properties. The lighting will further be shielded by screening on the tennis court
fencing. Therefore, there will be no harmful effects upon desirable neighborhood
characteristics.
F The project is located on Lot 1 of TIM 02~02, a 4 72-acre parcel situated at the
terminus of Valley View Road. The tennis court is situated within the rear yard
approximately 15 feet downslope from the main house. The tennis court is being
constructed on the southwest portion of the site, in the rear yard, at an elevation of
1280 feet. The closest-single-family home that may be able to see the lighted court
is approximately three-quarters of a mile away and 730 feet lower in elevation on
Cascade Crossing The second most visible location is approximately one mile
away, across the valley in the Old Coach Collection homes on Butterfield Trail Road.
Dense landscaping will be required to screen the court and lights, and the
separation between the court and surrounding residences will reduce the potential
to view the lights, Therefore, the site is suitable for the type and intensity of use or
development that is proposed.
G The project is limited in scope, therefore, there will be no significant harmful effects
upon environmental quality and natural resources,
H. The proposed use is an allowable accessory use in the RR-A zone Therefore, the
impacts, as described above, the proposed location, size, design, and operating
characteristics of the proposed use, and the conditions under which it would be
operated or maintained, 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, and
I. The proposed conditional use will comply with each of the applicable provisions of
Section 1748 070 of the Poway Municipal Code.
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Resolution No P-07 -52
Page 3
Section 3' The findings, in accordance with Section 17.52 ofthe Poway Municipal Code,
to approve MDRA 06-14, are as follows:
A. That the single-family residence has 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 single-
family residence is consistent with surrounding residences, Therefore, the proposed
design, size, and scale of the proposed project is compatible with and will not
adversely affect, or be materially detrimentalto, adjacent uses, residents, buildings,
structures, or natural resources; and
C That the granting of the MDRA 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 The project has been designed to minimize impacts on the surrounding community
by utilizing a low-profile architectural design, arid 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 General Plan.
Section 4' The City Council hereby approves MCUP 07-03, for the installation of a
maximum of eight tennis court lights on Lot 1 of TIM 02-02, within the RR-A zone, as
shown on the plans dated August 28, 2007, subject to the following conditions'
A. Approval of this MCUP shall apply only 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 the date of this approval:
1 The applicant shall submit in writing that all conditions of approval have been
read and understood.
2, The property owners shall execute a Covenant Regarding Real Property
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Resolution No P-07-52
Page 4
C The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
residential uses.
D The conditions of MCUP 07-03 shall remain in effect for the life of the subject tennis
court and tennis court lighting, and shall run with the land and be binding upon
future owners, successors, heirs, and transferees of the current property owner
E. Prior to issuance of a.Building Permit, the applicant shall comply with the following
1 The applicant sha/l"pay all applicable engineering, plan checking, permit, and
inspection fees
2 The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Building Permit issuance
3 The site shall be developed in accordance with the approved site plan on file
in the Development Services Department and the conditions contained
herein. Grading of the lot 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 All components
of the tennis court/lighting installations (including footings) are entirely
outside the easement on-site
4 Pursuant to Section 17.30 020 C of the Poway Municipal Code, the applicant
shall submit lighting plans that reflect that the lighting will be shielded from
the adjacent properties, to the satisfaction of the Director of Development
Services.
5 Pursuant to Section 1730 020,E of the poway Municipal Code, the building
plans shall depict; tothe satisfaction of the Director of Development Services,
that the support posts, light poles, and fixtures will be painted a dark non-
reflective color so as to reduce their overall visibility
6 Pursuant to Section 1730 020.F of the Poway Municipal Code, the building
plans shall depict, to the satisfaction of the Director of Development Services,
that dense evergreen screening landscaping will be installed around the
perimeter of the tennis court to screen the lights from surrounding properties,
so as to restrict visibility of the light poles.
7 The building plans shall depict, to the satisfaction of the Director of
Development Services, that lighting is on a timer of limited duration designed
to prevent the lights from accidentally being left on and automatically shut off
at 10'00 p.m,
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Resolution No P-07 -52
Page 5
8 Light standards height shall not exceed 18 feet. Lighting fixtures shall be a
maximum of 1 ,OOO-watt, high-pressure sodium as required by Section 17 30
and shall be maintained for the life of the project. Metal halide lighting is
prohibited.
F Prior to obtaining a final. inspection on the Building Permit, the applicant shall comply
with the following
1 The tennis court.lights shall be developed in accordance with the approved
plan on file in the Development Services Department and the conditions
contained herein, A final. inspection from the appropriate City Departments
will be required,
2, The applicant shall provide a certification by a lighting contractor that all
lights and light fixtures have been designed, constructed, mounted, and
maintained such that the light source is cut off when viewed from any point
above five feet measured at ten feet from the edge of the court. The lighting
contractor shall certify that all light fixtures have been designed, constructed,
mounted light shields installed, and maintained such that the maximum
illumination intensity measured at the property line shall not exceed one-half
foot-candle above ambient light levels.
G Upon installation of the tennis court lights, pursuant to MCUP 07-03, the following
shall apply'
1 Pursuant to Section 17 30 020 C 3 of the Poway Municipal Code (PMC), the
tennis court lighting shall be used only between 7'00 a.m. and 10'00 p,m.,
and an automalictimer shall be programmed to automatically shut the lights
off at 10'00 p.rn.
2. The plant materials identified on the approved landscape plan have been
installed along the tennis court fence where visible from adjacent and
surrounding properties, and said landscaping shall be maintained in a
flourishing manner, to the satisfaction of the Director of Development
Services,
3 The light standards are limited in number, size, height, and light shields,
which shall meet the requirements for shielding the light fixtures. The
maximum height of lights shall not exceed 18 feet from grade The applicant
shall comply with the required maximum 1,OOO-watt, high-pressure sodium
lighting fixtures pursuant to PMC Section 17.20020 G, and shall be
maintained to the satisfaction of the Director of Development Services.
Section 5 The findings, pursuant to Government Code Section 66020 for the public
improvements, needed as a result of the proposed development to protect the public
health, safety, and welfare, are made as follows,
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Resolution No P-07 -52
Page 6
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 willbe 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
Section 6, Pursuant to the City of Poway Habitat Conservation Plan (Poway HCP), a
biological report prepared by REC Consultants (dated October 2003) was submitted to
identify habitat and assess impacts associated with construction otTract Map (TIM 02-02)
that includes the subject parcel. Development of the 1 O~lot subdivision would permanently
impact approximately 13 8 acres of habitat, consisting of Coastal Sage Scrub (CSS) and
Southern Mixed Chaparral (SMC), located on property inside of the Mitigation Area, and
partially within the Biological Core Linkages Area, and near Proposed Resource Protection
Area PRPA 4a and the Mount Beatrice Cornerstone ofthe Poway HCP
In accordance with the Poway HCP, the required findings for approval of the proposed
mitigation for the removal of habitat for Tentative Parcel Map 02-02, and inclusive of Lot 1,
are as follows,
A. The potential environmental impacts associated with the development of the
related1 O-Iot subdivision (TIM 02-02) were evaluated and mitigated as part of the
subdivision approval process and in compliance with. the Poway HCPrequirements.
The approved Mitigated Negative Declaration was based on clearance of 2 acres of
habitat per lot. A subsequent request was made to the U S Fish and Wildlife
Service and the State Department of Fish and Game to increase the clearing
allowance up to a maximum of 3 acres per parcel. In a letter dated February 9,
2007, the Wildlife Agencies agreed to permit the additional clearing in exchange the
applicant place approximately of 91 acres, including both mitigation land and excess
habitat, into a Biological Conservation Easement that will protect the land in
perpetuity The applicant is proposing to clear 2.8 acres with the additional 08 acres
of clearing necessary, (2 + 0.8 acres) required to meet the mandated fire
management zones. Therefore, Lot 1 impacts are covered by the subdivision
mitigation measures that are consistent with and further the implementing objectives
of the Poway HCP
B Preservation of such habitat within the Mitigation Area, and/or payment of IncLieu
Fees will contribute toward the building of the ultimate total Mitigation Area preserve
system of the HCP Therefore, such habitat preservation will serve to enhance the
long-term viability and function of the preserve system.
C The habitat preserved through on-site dedication will be to the long-term benefit of
the Poway Subarea Habitat Conservation Plan (PSHCP) covered species and their
habitats in that the recordation of a Biological Conservation Easement over
undisturbed and unencumbered habitat will promote a meaningful addition to the
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Resolution No P-07-52
Page 7
assembly ofa viable regional system of uninterrupted natural habitat resources,
habitat linkages, buffers, and wildlife corridors
0 The preserved habitat will foster the incremental implementation of the PSHCP in
an effective and efficient manner in that the preservation of on-site conservation
area(s) are within an identified Mitigation Area within the City and 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 PSHCP 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.
Section 7 The City Council hereby approves MORA 06-14, to construct a 10,323-
square-foot, two-story, single-family residence, with an attached 1,950-square-footgarage,
and 2,227 square-foot accessory structure, pursuant to the plans on file with the Planning
Division dated August 28,2007, 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 atthe 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 06-14 shall remain in effect for the life of the subject
residence, and shall run with the land and be bir:Jding upon future owners,
successors, heirs, and transferees of the current property owner
0 Priorto issuance of a Grading Permit, the applicant shall comply with the following:
(Engineering)
1 A grading and drainage plan forthe development of the lot, prepared on a
City of Poway standard mylar sheet at a scale of 1" = 20', shall be submitted,
along with a Grading Permit application and the applicable fees, to the
Development Services Department, Engineering Division for review and
approval. As a minimum, the 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.
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Resolution No P-07-52
Page 8
b Proposed driveway access in compliance with the specifications
provided in Section 17 08 1700 of the Poway Municipal Code,
including the structural section, elevations and grades. The driveway
approach shall comply with the Regional Standard Drawings
Portions of driveway steeper than 15% shall be paved with concrete
c. A separate erosion prevention and sediment control plan for
construction activities. This plan shall provide for an on-site de-silting
basin with a volume based on 3,600 cubic feet per tributary acre
drained.
d, Locations of all utility improvements (existing and new), together with
their easements. No encroachments are permitted upon any
easement.
e All new slopes shall have a maximum 2 to 1 ratio (horizontal to
vertical)
f The grading plan shall clearly delineate existing drainage facilities
and drainage courses
g, Retaining walls, with the top and bottom (top of footing) elevations.
All retaining walls shall be part of the grading permit.
h, Water service to the house.
2. A drainage stlldy 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 system shall
include all private easements required to properly handle the drainage
Large concentrated flows over the driveway and iilto the street shall be
avoided
3 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.
4 Ifthis project will disturb more than one acre, 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'
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Resolution No P-07-52
Page 9
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467-2952
5 If this project will disturb more than one acre, the developer 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 effectivemethod 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.
6, The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees. A separate structural plan check fee will be assessed for
retaining walls that are not of a type found in the San Diego Regional
Standard Drawings,
7 Grading securities in the form of a petiormance bond and a cash deposit, or
a letter of credit shall be posted with the City A minimum $2,000 cash
security deposit is required
8 The applicant shall attend a pre-construction meeting, at which time he shall
present an action plan that identifies measures to be implemented during
constructioR 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 three inches
of water over all disturbed areas prior to discharge, effectively,
creating a de-silting basin from the pad
9 Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading, As a minimum, all
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Resolution No P-07 -52
Page 10
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.
10 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
(Planning)
11 Prior to the issuance of a Grading Permit or Administrative Clearing Permit,
whichever occurs first, the applicant shall mitigate for the on-site permanent
removal of habitats as specified in the project Biological Resources Report,
A Biological Conservation Easement (BCE) must be placed over all open
space lots as noted on the Final Map for mM 02-20 The BCE shall be
approved by the City Attorney, and shall be notarized and recorded with the
County of San Diego at the cost of the applicant. Additionally, the applicant
shall be responsible for easement plan check fees. In compliance with the
HCP, the City shall re-zone the mitigation land to Open Space-Resource
Management to insure its permanent preservation.
12. 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, any grading or clearing during this timeframe will only
be permitted subject to the following conditions having been met to the
satisfaction of the Director of Development Services
13 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 the CSS habitat
and Gnatcatcher Survey and a map showing all habitat areas
including all CSS habitat within 500 feet of the area to be graded.
The biologist shall contact the USFWS to determine the appropriate
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Resolution No P-07 -52
Page 11
survey methodology The purpose ofthe survey isto determine if any
active Gnatcatcher nests are located in the area to be cleared or
graded, or if CSS habitat is 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. 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.
b Should the survey show, to the satisfaction of the Director of
Development Services, that active Gnatcatcher nests are not present
within the'area to be graded or cleared, or within 500 feetof said area,
approval may be granted to commence grading/clearing within the
Gnatcatcher nesting season between February 15 and July 1 with
appropriate monitoring during that time.
c. If Gnatcatchers are present within the area to be graded/cleared, or
within 500 feet of that area, no grading will be allowed unless
appropriate rnitigation is completed.
14 Landscape and irrigation plans, which show at a minimum slope planting,
Fire Management Zone landscaping, shall be submitted for review,
Landscape plan check review fees shall be required.
15 The limits of approved habitat removal shall be clearly shown on the grading
plan and staked In the field prior to comrnencing grading.
16 A 20-foot-wide .water/access easement on a form prescribed by the City,
shall be recorded on the property, and as shown on the Final Map of TIM
02"02 to create the potential to interconnect the subject property's water
system to the Hidden Valley Ranch subdivision water systems located to the
south, Easement plan check and recordation fees are the responsibility of
the applicant.
17 Install permanent signs and fencing as deemed necessary by the Director of
Development Services, to delineate the limii!?of the.Biological Conservation
Easement(s) present on the site when grading of the project is complete, to
be verified by Planning staff before the issuance of a Building Permit or the
release of grading securities, whichever occurs first.
18 All manufactured slopes of 5 1 or greater, shall be planted and irrigated to the
satisfaction of the Director of Development Services. A landscaping plan
shall be submitted to the Planning Division for review and approval pursuant
to the City of Poway Guide to Landscape Requirements,
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Resolution No P-07-52
Page 12
19 All project r'eJaining walls shall be shown onthe.grading plan No retaining
walls, other than those needed for the on-site road improvements as shown
on the approved TEmt'iltive Tract Map, shall be permitted. Retaining walls
shall not exceed 5 feet in height. Retaining wall heights greater than 5 feet
shall require City Council approval.
20 Provide a Habitat Restoration Plan for the septic field areas, which are
outside of the required fire fuel management areas. This area shall be
conducted and maintained as habitat for the life of the project.
E. Prior to issuance of the Building Permit:
1 Prior to delivery of combustible building materials, the water improvements
for the Heights Subdivision shall satisfactorily pass all required tests and be
connected to the public water system.
2. 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
City Grading Ordinance, the approved grading plan, the approved soils
report, and grading practices acceptable to the City
3 Erosion control, including, but not limited to, de-silting basin(s), shall be
installed and maintained by the developer throughout the duration of the
project.
4 Rough grading is to be completed and shall meet the approval of the City
Engineering Inspector It 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
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 Payment of development fees shall be made to the City The fees and the
corresponding amounts are as follows and are subject to change without
further notice:
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Resolution No, P-07 -52
Page 13
Water' % inch 1 inch
Meter $ 130 $ 270
Expansion Fee $3,710 $6,678*
Service Line $1 ,430 $1,430
SDCWA System Capacity" $4,326 $6,922
SDCWA Treatment Capacity** $ 166 $ 266
*If a 1" meter is required due to fire sprinklers, %" fees will apply
**To be paid by separate check to the SDCWA.
Sewer' Septic (no fee), obtain septic system approval from the San
Diego County Dept. of Health.
Drainage fee = NA
Traffic mitigation fee: = $ 990 00
Park fee = $2,72000
7 Prior to Building Permit issuance the trail, as shown on the TTM 02-02 Final
Map, shall be constructed in a location and width per the approved plan. The
trail shall be improved to the satisfaction of the Director of Development
Services and the Director of Public Works,
8 School impact fees shall be paid at the rate established at the time of
Building Permit issuance for the second dwelling unit and the additions to the
existing residence Please contact the Poway Unified School District for
additional information at (858) 679-2570
9 The maximum height of any fence or wall shall not exceed 6 feet, except for
the tennis court fencing 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.
10 The tennis court shall comply with the following, per Chapter 1730 of the
poway MunicipafCode:
a. A maximum ten-foot-high fence (measured from the finished grade of
the court).
b A minimum ten-foot side yard, ten-foot rear yard, and 40-foot front
yard setback from the property line to the court fencing.
c. Fencing, support posts, and fixtures for the recreation court shall be
painted a dark, non-reflective color so as to reduce their overall
visibility Vinyl-coated chain link fencing is acceptable.
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Resolution No P-07 -52
Page 14
d Landscaping, consisting of 15-gallon evergreen trees and 5-gallon
evergreen shrubs, shall be installed adjacent to the fence to reduce
visibility from surrounding properties. The landscaping shall include
fastcgrowing evergreen trees and shall be installed in the setback
areas Dense screening planting is required to be installed and
maintained in the setback areas outside ofthe court fencing to the
satisfactionofthe Director of Development Services.
e Any retaining walls shall consist of decorative block or stucco
construction, and may be subjectto a separate Building Permit.
11 An Affordable Housing In-Lieu Fee, in the amount calculated per the Poway
Municipal Code, shall be paid prior to Building Permit issuance
12. All living quarters shall be equipped with lowcflow plumbing fixtures
F Prior to issuance of the Certificate of Occupancy'
1 Driveway improvements, water main improvements, roadway improvements,
offsite and onsitedrainage facilities, slope planting measures, and all utility
services shall be constructed and completed prior to inspection by the
Engineering Inspector
2. An adequate drainage system around the new building pad capable of
handling and disposing all surface water shall be provided to the satisfaction
of the Engineering Inspector
3 The developer shall, to the satisfaction ofthe City Engineer, repair any and
all damages to the streets caused by construction activity from this project.
4 A private road maintenance agreement for the frontage road serving the
subject lot shall be submitted to Engineerillg Division. Consult the
Engineering Division for the exact limits of road maintenance to be covered in
the agreement. The agreement must be reviewed and approved by the City
Attorney prior to recordation.
5 All utilities shall be placed underground.
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 all onsite and
offsite grading, as well as road 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.
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Resolution No P-07-52
Page 15
7 All permanent landscaping and an automatic irrigation system for
landscaping shown on the approved landscaping plan shall be installed and
operational at time of final inspection.
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.
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 adequate roadway turning
radius, capable of supporting the imposed loads of Fire apparatus, and having
a rninimurn of 13 feet 6 inches of vertical clearance, The Fire Chief pursuant
to the City of Poway Municipal Code shall approve the road surface type
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 requirernents for
turnarounds and the width of access ways.
6 The access roadway shall be extended to within 150' of all portions of the
exterior walls of the first story of any building Where the access roadway
cannot be provided, approved fire protection systern(s) shall be provided as
required and approved by the 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 is currently not present, one will have to be installed.)
8 An electric powered gate across access way to residence shall have a Knox
override key switch that shall be ordered through the Poway Fire
Department.
,
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Resolution No P-07 -52
Page 16
9 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 A 135-foot Fuel Management Zone will be
required, offsite (beyond property lines) fuel management will require an
easement from Lof2 in favor of the applicant for fuel management purposes
only
Section 8 Pursuant to Government Code Section 66020, the 90-day approval period
in which the applicant may protestthe imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on November 27, 2007
Section 9' The approval of MCUP 07-03 and MORA 06-14 expires on November 27,
2009, at 5:00 p.m. unless, prior to that time, a Building Permit .has been issued, and
construction on the property in reliance on the MCUP and MORA approval has commenced
prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 27th day of November 2007
ATTEST
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, Resolution No P-07-52
Page 17
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 -52, 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
ABSTAIN: NONE
DISQUALIFIED' NONE
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City of Poway