Res P-08-32
RESOLUTION NO P-08-32
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 08-01
AND MINOR DEVELOPMENT REVIEW APPLICATION 08-27
ASSESSOR'S PARCEL NUMBER 321-110-31
WHEREAS, Minor Conditional Use Permit (MCUP) 08-01 and Minor Development
Review Application (MORA) 08-27 were submitted by Oleg Agamirzoyan, Applicant, for
approval to install tennis court lights and construct a 4,998-square-foot, two-story, single-
family residence, with an attached 744-square-foot garage, a 625-square-foot detached
pool/guest house, and a tennis court on a vacant 579-acre parcel located on Mina De
Oro Road, accessed off of Highway 67, in the Rural Residential A zone, and
WHEREAS, on December 2, 2008, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway,
as follows
Section 1 The City Council finds that MCUP 08-01 and MORA 08-27 are Categorically
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 they propose the construction of a single-family residence and an accessory
structure The proposed habitat impacts and associated mitigation measures for the
subject MORA are adequately addressed and consistent with the City of Poway's
Subarea Habitat Conservation Plan (PSHCP), companion Implementing Agreement and
associated Mitigated Negative Declaration
Section 2: The findings, in accordance with Chapter 1748070 of the Poway Municipal
Code (PMC), to approve MCUP 08-01 to permit the installation of lights at a tennis court
approved through MORA 08-27, on a vacant 5 79-acre parcel located on Mina De Oro
Road, accessed off of Highway 67, 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 PMC 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 yard and will be screened by the residence Landscaping installed
around the perimeter of the tennis court will also reduce the visibility of the lights
Resolution No P-08-32
Page 2
from surrounding properties. The court lights will not impact the residences on
adjacent parcels as the tennis court and lights are located at a lower elevation
than adjacent homes. 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 six and a
maximum height of 18 feet. Therefore, the harmony in scale, bulk, coverage, and
density of the project is consistent with adjacent uses
0 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 site is a level 5 79-acre property adjacent to similar-sized properties,
only one of which is currently developed The tennis court is being constructed
in the rear yard, at an elevation of 1592 feet. The adjacent existing single-family
home that may be able to see the lighted court is located approximately 188 feet
away from the tennis court and 28 feet higher in elevation. Other existing
homes in the area are located at least 900 feet from the proposed tennis court
at or higher in elevation than the proposed tennis court. 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
I The proposed conditional use will comply with each of the applicable provisions of
PMC 1748070
Resolution No P-08-32
Page 3
Section 3 Pursuant to the Poway Subarea Habitat Conservation Plan (PSHCP), a
biological survey was prepared for the property on May 12, 2008, and revised on
September 10, 2008, by RC Biological Consulting, Inc. The biological report did not
identify any rare, threatened or endangered plant or wildlife species The California
gnatcatcher would have had a high potential to occur on-site before the Cedar Fire of
2003 impacted the site and surrounding area. The biologist preparing the report did not
observe any gnatcatchers on the site and the potential for the species to have
recolonized at this time is low The property contains 1 6 acres of Coastal Sage Scrub
(CSS), 3 79 acres of Southem Mixed Chaparral (SMC), and 0 40 acres of disturbed area,
for a total of 5 79 acres. Project grading and Fire Fuel Management Zones will impact
approximately 1 95 acres of habitat onsite, of this, 1 35 acres is CSS and 06 acres is
SMC Included in the on-site habitat impact calculation is approximately 0 1 acre of the
impact to SMC to provide fire management zones along the driveway serving the
neighboring property to the west. Required offsite road improvements to the east and
associated Fire Fuel Management Zone will impact approximately 0 84 acres of CSS
habitat located off-site The total impacted area as a result of development pursuant to
MORA 08-27 is 2.79 acres of habitat.
A. The proposed project site is inside the Mitigation Area, the Biological Core and
Linkage Area (BCLA), and the Planned Resource Preservation Area (PRPA) 13a
of the PSHCP The proposed onsite 1 95 acre onsite habitat impact consistent
with the two-acre limit allowed for properties located within the Mitigation Area.
The 0 84 acre offsite habitat impact does not count against the two-acre limit since
it is for the purpose of road improvements but will still require mitigation. The
proposed mitigation is consistent with and furthers the implementing objectives of
the PSHCP in that the applicant will mitigate impacts to 2.19 acres of CSS habitat
at a 2:1 ratio (438 acres mitigation) and 06 acres of SMC at a 2.1 ratio (1.2
acres) The mitigation for 0.25 acres of CSS and 1.2 acres of SMC will be onsite
consisting of a Biological Conservation Easement (BCE) There is a balance of
4 13 acres of CSS habitat that must be mitigated. This mitigation will require the
purchase of similar quality habitat within PRPA 13a If it is infeasible for the
applicant to purchase land within PRPA 13a or within an identified mitigation area
of the PSHCP with similar quality habitat, then an In-Lieu Fee to be used by the
City for the future purchase of habitat will be paid. The remaining on site 2.59-acre
SMC will be placed in an Open Space Easement (OSE).
This property is in a BCLA area, which has a preservation goal of 80% of habitat
onsite The proposed development will remove 1 95 acres of habitat which is less
than the allowed 2-acre habitat impact. The remaining 344 acres habitat or 64
percent of all on-site habitat will be preserved Although less than 80 percent of
on-site habitat will be preserved, another nearby parcel, also located within PRPA
13a, contains biological conservation easements that exceed the 80 percent
preservation goals. Per the PSHCP, PRPA 13a is identified as being of high
priority for acquisition because the habitat has the potential to become fragmented
as a result of the construction of homes in the area. The proposed development
Resolution No P-08-32
Page 4
has been concentrated along the southeast corner of the property, near the
access road, thereby minimizing grading and habitat impact, and leaving the
proposed BCE or OSE in a larger, non-fragmented area that is consistent with the
goal of PRPA 13a. Therefore, the proposed development meets the intent of the
80% preservation goal of the BCLA and PSHCP
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 onsite and offsite dedication, or purchased by
Habitat Mitigation In-Lieu Fees 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
Biological Conservation Easements or In-Lieu Fees will be paid.
Section 4 The findings, in accordance with Chapter 17 52 of the Poway Municipal
Code, to approve MORA 08-27, 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 detrimental to, adjacent uses, residents,
buildings, structures, or natural resources, and
Resolution No P-08"32
Page 5
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 through the use of earth-toned wall and roof materials. Therefore, the
proposed development respects the public concems 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 5 The findings, pursuant to Government Code Section 66020 for the public
improvements which are needed as a result of the proposed development to protect the
public health, safety, and welfare, are made as follows
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'
A. In accordance with the Poway General Plan, the project requires the payment of
drainage, park, affordable housing, and traffic fees, which are assessed on a pro-
rata basis to finance public infrastructure improvements, which promote a safe and
healthy environment for the residents of the City
Section 6 The City Council hereby approves MORA 08-27 and MCUP 08-01, to
construct a 4,998- square-foot, two-story, single-family residence, with an attached 744-
square-foot garage, a 625-square-foot detached pool/guest house, and a lighted tennis
court, pursuant to the plans on file with the Planning Division dated September 22, 2008,
subject to the following conditions
A. Approval of this MORA and MCUP 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 the date of this approval;
Resolution No P-08-32
Page 6
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
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
0 The conditions of MCUP 08-01 and MORA 08-27 shall remain in effect for the life
of the subject residence, 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
0 Prior to issuance of a Grading Permit, the applicant shall comply with the following
(Engineering)
1 A grading and drainage plan for the 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. 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 property lines. The building shall be located at
least five feet from tops and toes of slopes, unless waived by the
Planning Division and/or Engineering Division prior to issuance of the
Grading Permit.
b A separate erosion prevention and sediment control plan for
construction.
c. All utilities (proposed and existing), together with their appurtenances
and associated easements. Encroachments are not permitted upon
any easement. All easements must be plotted and labeled as per
the latest project title report. The applicant shall ensure no
improvements are proposed within the easements
d All new utility facilities shall be approved by the City prior to their
installation.
e Low Impact Development (LID) measures and strategies that will
emphasize conservation and the use of onsite natural features
combined with engineered hydrologic controls to more closely reflect
pre-development hydrologic functions This includes maximizing
Resolution No P-08-32
Page 7
infiltration, providing retention, slowing runoff, minimizing impervious
footprint, directing runoff from irnpervious areas into landscaping,
and constructing impervious surfaces to minimum possible widths.
Notes must be added to plans indicating the implernentation of the
LID
f Method of roof drainage for the proposed buildings.
g. Enhanced Treatment Control Best Management Practices to treat
runoff from the development prior to its passage to the existing storm
drain system.
h. Site design and source control Best Management Practices.
2. A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall:
a. Handle and dispose all surface water within the project site and all
surface water flowing onto the project site from adjacent lands Large
concentrated flows across driveway and into the street will not be
permitted
b Cause post-development flow volumes from the project site to be
equal or less than pre-development flow volumes The proposed LID
measures shall satisfy this requirement.
c. Include all easernents required to properly handle the drainage
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 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 Perrnit. Applications for the Notice of Intent may
be obtained by contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467-2952
Resolution No. P-08-32
Page 8
5 The applicant's engineer shall prepare a Storm Water Pollution Prevention
Plan (SWPPP) that effectively addresses the elimination of non-storm runoff
into the storm drain system The SWPPP shall include, but not be limited
to, an effective method of hillside erosion and sediment control; a de-silting
basin with a capacity of 3,600 cubic feet of storage per acre drained, or
designed to remove fine silt for a ten-year, six-hour storm event; a material
storage and handling site, measures to protect construction material from
being exposed to storm runoff; protection of all storm drain inlets, 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.
6 The applicant shall pay all applicable engineering plan checking, permit,
and inspection fees
7 Grading securities in the form of a performance bond and a cash deposit, or
a letter of credit shall be posted with the City prior to grading plan approval.
A minimum $2,000 cash security deposit is required.
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 construction to address erosion, sediment, and pollutant control.
Compliance for sediment control shall be provided using the following
guidelines, as directed by the project inspector'
a. Provision of an onsite 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
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.
Resolution No. P-08-32
Page 9
10 Due to construction of a new driveway resulting in over 5,000 square feet
of impervious surfacing, this project shall comply with Chapter 16 100 PMC,
Standard Urban Storm Water 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 Best Management Practices (preventing/
minimizing storm water contact with pollutants, including storm drain system
stenciling and signage, and designation of trash storage areas), selects
treatment control measures to address pollutants (removing pollutants from
contaminated water), and requires annual inspection and maintenance of
all storm water facilities after their construction. A standard City of Poway
SUSMP checklist shall accompany the Water Quality Technical Report.
(Planning)
11 The applicant shall mitigate impacts to 2.19 acres of CSS habitat at a 2:1
ratio (4 38 acres mitigation) and 0 6 acres of SMC at a 2.1 ratio (1.2 acres)
as follows
a. A Biological Conservation Easement (BCE) over 0.25 acres of CSS
and 1.2 acres of SMC remaining on the property
The applicant's Engineer shall provide a plat map and legal
description showing the new BCE area. The plat map submitted
shall be an original, and shall be stamped and signed by the
Engineer Separate plan check fees will be required for review of
this easement. After the BCE is reviewed and approved by the City
Attorney, it will be forwarded to the property owner for signature and
notarization. The original BCE document shall be retumed to the
City and then be recorded with the County of San Diego
Note.. In compliance with the PSHCP, the City shall process a
General Plan Amendment and Zone Change to change the land use
and zoning designation of the area of the BCE to Open Space-
Resource Management (OS-RM) zone to ensure its permanent
preservation.
b Mitigation for 4 38 acres of CSS consisting of the purchase of similar
quality habitat within PRPA 13a or within an identified mitigation area
of the PSHCP to the satisfaction of the Director of Development
Services If this is infeasible for the applicant, then an In-Lieu Fee to
be used by the City for the future purchase of habitat will be paid
Presently, the In-Lieu Fee is $10,000 per acre. The amount is
subject to change without further notice, and shall be the fee in effect
at the time of payment.
Resolution No P"08-32
Page 10
c. The remaining onsite 2.59 SMC will be placed in an Open Space
Easement (OSE)
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, grading during this time frame will only be
permitted subject to the following conditions having been met to the
satisfaction of the Director of Development Services.
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. 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
Gnatcatcher Survey, and a report for the area to be cleared and/or
graded and 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 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 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 habitat located within 500 feet of said area, no grading will be
allowed during this time
Resolution No P-08-32
Page 11
e The biologist 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.
f 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.
13 The biologist must attend the City's pre-construction meeting for the project
and shall provide the City with written confirmation that the limits of
clearing/grading are in accordance with the project's Biological Resource
Assessment.
14 The grading plans shall reflect the new address and street name for the site
as approved by the Safety Services Department.
15 A landscape/irrigation plan, in accordance with the applicable requirements
of the City of Poway Guide to Landscape Requirements, shall be submitted
and approved by the Director of Development Services. Said plan shall
show the following:
a. Irrigation, and sizes and species for'
i. Landscaping all manufactured and disturbed slopes greater
than a 5 1 slope whether on or offsite. 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.
Resolution No P-08-32
Page 12
II. The Fire Fuel Management Zones for the house
iii. The Fire Fuel Management Zones for the road
IV Tennis court landscaping consisting of 15-gallon evergreen
trees and 5"gallon evergreen shrubs installed adjacent to the
fence to reduce visibility from surrounding properties.
b 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 issuance of the Building Permit:
1 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
2. 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.
3 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
4 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
5 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.
Traffic mitigation fee = $ 2,000 00
Drainage fee =$ 950 00
Park fee = $ 2,720 00
Resolution No P-08-32
Page 13
(Planning)
6 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
7 Submit a request for approval of a street name to be assigned to the street
that provides access to the property from Mina De Oro The procedure and
submittal requirements for naming the street can be obtained at the
Planning Division counter
8 The maximum height of any fence or wall shall not exceed six 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
9 The tennis court shall comply with the following, per Chapter 1730 PMC
A maximum ten-foot-high fence (measured from the finished grade of the
court) shall be allowed Fencing and support posts shall be painted a dark
non-reflective color so as to reduce their overall visibility Vinyl-coated
chain link fencing with fence posts painted to match is acceptable
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 to the satisfaction of the Director of
Development Services
10 Any retaining walls shall consist of decorative block or stucco construction,
and may be subject to a separate Building Permit.
11 An Affordable Housing In-Lieu Fee, in the amount of $4,500 00 shall be
paid prior to Building Permit issuance The amount is subject to change
without further notice, and shall be the fee in effect at the time of payment.
12. All living quarters shall be equipped with low-flow plumbing fixtures.
13 Obtain approval of the landscape plan submitted pursuant to Section 7 0 16
listed above
14 A deed covenant shall be signed, notarized, and recorded with the County
of San Diego stating that "No portion of the pool/guest house shall ever be
rented or leased as a separate unit and no kitchen facilities shall be
installed No natural gas connection or 220V electricity is permitted in the
pool/guest house" The applicant shall submit the original, notarized Deed
Covenant to the City of Poway Planning Division with the appropriate
recordation fee for filing with the County of San Diego
Resolution No P-08-32
Page 14
15 The building plans shall call out the color of the water tanks to be painted a
muted earth tone color
F Prior to issuance of the Certificate of Occupancy'
1 Private driveway improvements, drainage facilities, slope planting
measures, and all utility services shall be installed, and completed by the
property owner, and inspected 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 of the City Engineer, repair any and
all damages to the roads caused by construction activity from this project.
4 A Private Road Maintenance Agreement for the maintenance of the new
asphalt pavement from Mina De Oro to the proposed driveway serving the
house, in a form satisfactory to the City Attomey, shall be executed by
the owner Said agreement is to comply with Ordinance No 280, PMC
12.20060 The owner shall provide to the City the necessary legal
descriptions and plat maps for the agreement.
5 Record drawings, signed by the engineer of work, shall be submitted to
Development Services, per Section 16 52.130B of the Grading Ordinance.
The 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.
6 Securities posted for the project shall be released upon submittal of a
SUSMP agreement for maintenance, repair and operation of storm water
Best Management Practices facilities. An Operation and Maintenance plan
shall be submitted with the agreement.
(Planning)
7 Landscape and irrigation shall be installed and maintained in accordance
with the approved landscape and irrigation plans on file with the City of
Poway Planning Division.
8 All proposed utilities within the project site shall be installed underground
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 CBC Section 1505, and City of
Poway Ordinance No 64 and its amended Ordinance No 526
Resolution No P-08-32
Page 15
2. A turnout is required as denoted on the submitted plan set.
3. Driveway shall be paved for the entire frontage of the parcel on the
southem boundary
4 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
5 Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester
6 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 tuming
radius, capable of supporting the imposed loads of fire apparatus, and
having a minimum of 13 feet 6 inches of vertical clearance The Fire Chief,
pursuant to the Poway Municipal Code shall approve the road surface type
7 Dead-end access roadways in excess of 150 feet long shall be provided
with approved provisions for the turning around of Fire Department
apparatus. Curves and topographical conditions could alter the
requirements for turnarounds and the width of accessways
8 The structure is in the Wildland Urban Interface, an interior automatic fire
sprinkler system is required
9 All Type IV construction in excess of 3,600 square feet shall be equipped
with a fire and life-safety fire sprinkler system.
10 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)
11 This dwelling is being built on a parcel size of 5 79 acre(s) and is beyond
the maximum of 500 feet to the nearest fire hydrant. The dwelling will
have to have standby water for firefighting, a residential sprinkler system
and Fire Department connection capability Tank size, location, type of
construction, and design features will be required to be shown as part of
the plan check submittal. Residential Sprinkler plans will be required as a
separate submittal by a licensed sprinkler contractor or fire protection
engineer If a pressure pump is required for fire sprinkler operation,
auxiliary power is required Contact the Poway Fire Department, Division of
Fire Prevention for details at 858-668-4470
Resolution No P-08-32
Page 16
12. An electric powered gate across the access way to the residence shall have
a Knox override key switch that shall be ordered through the Poway Fire
Department.
13 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
14 Show permanently wired smoke detectors, with battery back-up, 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
15 Doors leading from attached garages into the structure shall meet the
requirements for a 20-minute fire door assembly
16 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.
17 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.
18 Exterior wall finished material shall be noncombustible and comply with
the Califomia Building Code (e g. stucco, masonry, cement fiber board,
heavy-timber, etc.) In addition, all exterior walls are required to be
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
Resolution No P-08-32
Page 17
19 Exterior windows and glazing are restricted to multi-layered 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 ANSIlAAMA/NWWDA 101/1 S.2-97 structural requirements.
Provide note on plans.
20 Skylights shall be tempered glass. Provide note on plans.
21 Exterior doors shall be approved noncombustible 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
22. All eave and soffit construction shall be ignition resistant and in compliance
with the Chapter 15 05 PMC, Wildland Urban Interface Building Code
Provide details and note on plan for eave and soffit construction.
23 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
plan.
24 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 plan.
25 Gutters and downspouts shall be constructed of noncombustible materials.
Gutters shall be designed to reduce the accumulation of leaf litter and
debris that contributes to roof edge ignition.
26 The first ten feet of material for fences and other attachments to structures
shall be constructed of noncombustible material or pressure-treated,
exterior fire-retardant wood Gates are permitted, provided that a five-foot
minimum length section of noncombustible fencing material is installed as a
firebreak immediately adjacent to the gate
27 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
Resolution No P-08-32
Page 18
28 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
29 Detached auxiliary structures (playground equipment, free-standing decks,
gazebos, sheds, palapas, and trellises) less than 250 square feet and of 30
feet from the nearest structures and property lines are not required to meet
the fire-resistive requirements.
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
UL rating of the fire retardant chemical shall be provided to the Fire
Department upon request.
30 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
H. Prior to issuance of a Building Permit, the applicant shall comply with the following.
1 The applicant shall 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 onsite
4 Pursuant to PMC 1730020 C, 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 PMC 1730020 E, the building plans shall depict, to the
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
Resolution No P-08-32
Page 19
6 Pursuant to PMC 1730020 F, 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 designed to prevent the
lights from accidentally being left on and automatically shut off at 10'00 p.m.
8 Light standards height shall not exceed 18 feet. Lighting fixtures shall be a
maximum of 1,000-watt, high-pressure sodium, as required by Chapter
1730 PMC and shall be maintained for the life of the project. Metal
halide lighting is prohibited
I. 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
J Upon installation of the tennis court lights, pursuant to MCUP 08-01, the following
shall apply
1 Pursuant to PMC 17 30 020 C 3, the tennis court lighting shall be used only
between 7'00 a.m. and 10'00 p.m., and an automatic timer shall be
programmed to automatically shut the lights off at 10'00 p.m
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.
Resolution No. P-08"32
Page 20
Section 8" Pursuant to Govemment 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 December 2, 2008
Section 9' The approval of MCUP 08-01 and MORA 08-27 expires on December 2,
2010, 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 2nd day of December 2008
ATTEST
.
. Troyan, MMC, City Clerk
Resolution No. P-08-32
Page 21
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No P-08-32 was duly adopted by the
City Cou~cil at a meeting of said City Council held on the 2nd day of December 2008,
and that it was so adopted by the following vote
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT NONE
DISQUALIFIED NONE ,
(~
//; *
Li . Troyan, MMC, City lerk
it of Poway