Res P-09-10
RESOLUTION NO P-09-10
A RESOLUTION OF THE CITY COUNCil
OF THE CITY OF POWAY, CALIFORNIA
APPROVING HILLSIDE/RIDGELlNE
MINOR DEVELOPMENT REVIEW APPLICATION 08-49WCF
ASSESSOR'S PARCEL NUMBER 278-290-06
WHEREAS, Hillside/Ridgeline Minor Development Review Application (MDRA)
08-49WCF, Robert Waldon, Owner, requests approval to construct a 3,000-square-foot
replacement residence and an attached two-car garage on the Witch Creek Fire
impacted property located at 15112 Oak Canyon Road within the Rural Residential A
zone, and
WHEREAS, on March 17, 2009, 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 the proposed project is Categorically Exempt as
a Class 3 Categorical Exemption from the California Environmental Quality Act (CEQA),
pursuant to Sections 15303 the CEQA Guidelines, in that the project involves the
construction of a single-family home
Section 2' The findings, in accordance with Section 17 52 of the Poway Municipal
Code to approve Hillside/Ridgeline MDRA 08-49WCF as shown on the project plans
dated February 12, 2009, on file with the Development Services Department, are made
as follows.
A That the approved project is consistent with the General Plan as it proposes the
construction of a single-family residence on property that is designated for
residential use Therefore, the proposed use respects the interdependence of
land values and aesthetics to the benefit of the City; and
B That the approved project will not have an adverse affect on the aesthetics, health,
safety, or architecturally related impact upon adjoining properties, as the residence
is consistent with surrounding residential development. Therefore, the proposed
design, size, and scale of the proposed residence 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 MDRA would not be materially detrimental to the public
health, safety, or welfare since the proposed use will complete improvements as
deemed necessary; and
Resolution No P-09-10
Page 2
D That the approved development encourages the orderly and harmonious
appearance of structures and property within the City, as the neighboring
properties consist of low-density residential lots 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, and
F That the proposed development will comply with each of the applicable provisions
of the Zoning Ordinance and the General Plan
Section 3 The City Council hereby approves Hillside/Ridgeline MDRA 08-49WCF,
Robert Waldon, Owner, a request for approval to construct a 3,000-square-foot
replacement residence, with an attached two-car garage, on the Witch Creek Fire
impacted property located at 15112 Oak Canyon Road, within the Rural Residential A
zone, as shown on the site plan dated February 12, 2009, subject to the following
conditions.
A. Approval of this Minor Development Review Application 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 approval, the applicant shall submit in writing that all conditions
of approval have been read and understood
C Development on the site must comply with the Poway Noise Ordinance (Chapter
8 08 PMC) Construction work is specifically regulated by PMC 8 08 100, which
states that it is unlawful to operate any single or combination of powered
construction equipment at any construction site before 7 00 a.m or after 5 DO p.m.
Monday through Saturday, or at any time on a Sunday or holiday except as
provided in PMC 8 08 100
D The applicant shall obtain a Grading Permit prior to site grading Prior to issuance
of a Grading Permit:
1 The site shall be developed in accordance with the approved site plans
dated Received on May 29, 2008, on file in the Development Services
Department and the conditions contained herein.
(Engineering)
.2. Submit a precise grading plan for the development of the lot prepared on a
City of Poway standard sheet at a scale of 1n = 20' in accordance with the
submittal and content requirements listed herein Submittal shall be made
Resolution No P-09-10
Page 3
to the Development Services Department, Engineering Division, for review
and approval. The grading design shall be 100% complete at the time of
submittal, ready for approval and issuance of the permit. Incomplete
submittals will not be accepted. The first submittal of the plans shall be by
appointment only
SUBMITTAL REQUIREMENTS.
a. Transmittalletler
b Plan check fees (contact City project engineer)
c. Completed Grading Permit application, signed by the property
owner
d EiQht copies of the grading plans
e Three copies of a preliminary soils/geotechnical report prepared by
an engineer licensed by the State of California to perform such work
shall be submitted with the grading plan.
f Two copies of Preliminary Cost Estimate
g. Two copies of a drainage study using the 1 OO-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 easements
required to properly handle the drainage Concentrated flows across
driveways are not permitted
h. One copy of the approved project conditions of approval.
I. One copy of reference maps or plans used for design of the site
CONTENT REQUIREMENTS.
As a minimum, the grading plan shall show the following:
a. Driveways, in compliance with the specifications provided in Section
1708 170D of the Poway Municipal Code, and including minimum
structural sections together with their elevations and grades
b A separate erosion control plan for prevention of sediment run-off
during construction.
c. Low Impact Development (LID) Best Management Practices.
d All utilities (proposed and existing), together with their appurtenances
and associated easements Encroachments are not permitted upon
any easement without an approved Encroachment AgreemenV
Permit.
e Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
Resolution No P-09-10
Page 4
f Tops and toes of graded slopes shall be shown with a minimum five-
foot setback from open space areas and property lines. 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.
3 The area of the proposed driveway surfacing is greater than 5,ODO square
feet. The applicant shall include on the grading plans provisions for
compliance with the City's Standard Urban Storm Water Mitigation Plan
Ordinance
4 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.
5 Following approval of the grading plans and receipt of three copies of the
approved plans, the owner shall attend a pre-construction meeting at the
Department of Development Services. The scheduling request shall be
submitted on a City standard form available from the City's project
engineer
(Planning)
6 The illegal graded slope area above the home site must be re-graded and
restored to the natural original contours, as best can be achieved, to the
satisfaction of the Director of Development Services The grading plan
shall show this area being re-graded and re-contoured to blend in and
match the variable, undulating quality of the surrounding natural
topography
7 The illegal fill material placed in the previous turnaround area along the
access driveway shall be removed and used to re-grade and re-contour the
hillside, as best can be achieved, to be consistent with the original
topography
8 The proposed drainage swale in the re-graded slope shall be constructed
with earth-tone colored concrete so that it will blend in with the surrounding
landscape
g A Tree Inventory identifying the type and trunk size, and a location map of
all trees along and within 100 feet of both sides of the creek centerline shall
be provided to the Planning Division The Inventory must be prepared by a
certified arborist A Tree Removal Permit shall be obtained for any native
trees proposed for removal.
Resolution No P-09-10
Page 5
10 A bio swale is proposed to address storm water management requirements
of the project. The bio swale shall be designed and sited so that it will not
impact and conflict with the existing oak trees
11 The drainage improvements installed on the subject site in September
2008, without City approval, must be removed and relocated to observe a
minimum 25-foot setback from the creek bank. Areas impacted by the
non-permitted drainage installation are required to be returned to the
original site conditions upon relocation of the drainage improvements
12 According to Vegetation Map 1 of the Poway Subarea Habitat Conservation
Plan (PSHCP), the habitat area on the subject property located immediately
above the home site and the slope area. that is to be re-graded is Coastal
Sage Scrub (CSS), which is the primary habitat type of the California
Gnatcatcher, a bird species that is classified by the Federal Endangered
Species Act to be protected
a. In accordance with Condition H of the PSHCP Incidental Take
Permit, a take of active California Gnatcatchers 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 timeframe 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
. 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 CSS habitat 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
Resolution No P-09-10
Page 6
. 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.
. 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 SOD feet of said area, approval may be
granted to commence clearing/grading within the. Gnatcatcher
nesting season from February 15 through July 1
. If Gnatcatchers are present within the area to be
graded/cleared or within CSS habitat located within SOO feet
of said area, no grading will be allowed during this time
b 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 within the area to be cleared/graded
and any habitat within SOO feet of said area on a daily basis 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 SOO feet away from
the nest(s) If grading is required to stop due to the presence of
active nests, the applicant shall 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.
c. 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 SOO feet of said area.
d 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.
13 Brush Management/Landscape Plans shall be submitted to the Planning
Division for review and approval. Said plans shall be prepared pursuant to
the City of Poway Guide to Landscape Requirements as it relates to Fuel
Management Zones for fire safety A $525 00 landscape plan check fee
Resolution No P-09-10
Page 7
must be paid at the time of submittal. The following issues shall be
addressed in the Brush Management/Landscape Plans
a. To mitigate the potential indirect project impact to the oak trees, the
required Brush ManagemenVLandscape Plans shall show that, at a
minimum, a one-gallon size oak be planted for each oak tree that
has been impacted by fill placement within the drip line
(approximately 15-20 trees) It appears there is room along the
south side of the creek to plant the replacement oak trees
b The applicant shall install temporary irrigation, to the satisfaction of
the Director of Development Services, to the native hydroseed mix
that was applied to the bare, graded slopes that resulted from the
non-permitted grading of the small graded pad area located on the
south side of the creek. Said area shall be irrigated regularly (at
least once a week) Additional application of the native hydroseed
mix may be required if the slopes are not re-vegetated, to the
satisfaction of the Director of Development Services, prior to request
for final occupancy approval.
c All disturbed slopes of greater than 5 1 shall be planted and irrigated
A variety of landscaping, including trees, shrubs and ground cover,
shall be installed on the slopes to ensure stability and complete
coverage Groundcover shall be hydroseeded or hand-planted
cuttings appropriately spaced to eventually control soil erosion
d Riparian-friendly landscaping shall be installed on the graded slopes
and exposed/disturbed areas above the creek banks.
E. The applicant shall obtain a Building Permit prior to construction Prior to issuance
of a Building Permit:
(Engineering)
1 The site shall be developed in accordance with the approved site plans 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
2. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer from October 15 to April 15 The
developer shall maintain all erosion control devices throughout their
intended life.
Resolution No P-09-10
Page 8
3 Rough grading of the lots shall be completed and meet the approval of the
Engineering Inspector and shall include submittal of the following'
a. Three copies of certification of line and grade for the lot, prepared by
the engineer of work.
b Three copies of a final soil compaction report for the lot for review
and approval by the City
4 Prior to start of any work within a City-held easement or right-of-way, a
Right-of-Way Permit shall be obtained from the Development Services
Department Engineering Division All appropriate fees shall be paid prior to
permit issuance.
5 The applicant shall pay all applicable development impact fees in effect at
time of permit issuance
6 If the existing water meter is required to be increased from a 3/4-inch toa
1-inch for a fire sprinkler system as required by the Fire Marshal, a $140
service upgrade fee must be paid to the Engineering Division.
(Planning)
7 The applicant shall verify the adequacy of the existing septic system, should
there be additional bedrooms proposed with the fire rebuild Contact the
County Health Department to determine if an additional septic permit is
needed
8 The Poway Unified School District has advised that school fees will be
waived for replacement homes on Witch Creek Fire impacted properties
where the home was a complete loss Only the property owner at the time
of loss is eligible for the fee waiver Please contact the Poway Unified
School District for additional information at (858) 679-2570
g The maximum height of any fence or wall, or any combination thereof, shall
not exceed six feet Retaining walls shall be of decorative block or finish
consistent with the exterior of the proposed residence
10 The residence shall be equipped with low-flow plumbing fixtures.
11 The color of the exterior building materials shall be consistent with the
muted yellow-colored stucco and brown/rust-colored concrete tile roof
building material samples on file in the Planning Division The building
plans shall note the proposed exterior building materials and colors
12 The site plan shall note the location of the 10,ODO-gallon water tank The
exterior of the tank shall be painted an earth tone color so that it will blend
Resolution No P-09-10
Page 9
into the hillside setting. A sample of the proposed color shall be submitted
to the Planning Division for review and approval, and a note referencing the
color shall be added to the plan.
F Prior to issuance of a Certificate of Occupancy'
(Engineering)
1 All new utility services shall be installed underground
2. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
16 52.130B of the Grading Ordinance Record drawings shall be submitted
in a manner to allow the City adequate time for review and approval prior to
issuance of occupancy and release of grading securities
(Planning)
3 Brush Management shall be completed to the satisfaction of the Director of
Development Services and the Fire Marshal in accordance with the
approved plan. All disturbed slopes of greater than 5 1 shall be planted and
irrigated in accordance with the approved Brush Management Plan. A
variety of landscaping, including trees, shrubs and ground cover, shall be
installed on the slopes to ensure stability Groundcover shall be
hydroseeded, or hand-planted cuttings appropriately spaced to eventually
control soil erosion
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
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 an 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 Fire
Chief, pursuant to the City of Poway Municipal Code, shall approve the road
surface type
Resolution No P-09-10
Page 10
S 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 access ways
6 The structure is in the Wildland Urban Interface, therefore, 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)
8 This dwelling is beyond the maximum of SOO feet to the nearest fire hydrant.
A 10,000-gallon water tank (standby water) for firefighting purposes and to
support the residential sprinkler system will be required The standby water
will also require Fire Department connection capability
g Tank size, location of tank in relation to house pad elevation and zoning
setbacks, type of construction, external tank color, location and design
features will be required to be shown as part of the 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,
at (858) 668-4470 for details prior to submitting building plans
10 If an electric-powered gate is installed across the access way to the
residence, it shall have a Knox override key switch that shall be ordered
through the Poway Fire Department.
11 The applicant shall comply with the City of Poway Guide to Landscape
Requirements as it relates to fuel management zones The applicant shall
show fuel management zones on the site plan, with existing landscaping
located on this site plan
12. 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
13 Doors leading from attached garages into the structure shall meet the
requirements for a 20-minute fire door assembly
Resolution No P-09-10
Page 11
14 Propane tanks or containers to up 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.
15 Exterior wall finished material shall be noncombustible 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 protected with
two-inch, nominal solid blocking between rafters at all roof overhangs.
Wood shingle and shake wall coverings shall be prohibited
16 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
17 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 101/1 S2-97 structural requirements
Provide note on plans.
18 Skylights shall be tempered glass. Provide note on plans
19 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
20 Where the roof profile allows a space between the roof covering and roof
decking, the spaces shall be constructed to prevent the intrusion of flames
and embers, be fire-stopped with approved materials or have one layer of
No 72 ASTM cap sheet installed over the combustible decking Provide
note on plans.
21 When provided, valley flashings shall be not less than 0 01g-inch (048 mm)
(No 26 galvanized sheet gauge) corrosion-resistant metal installed over a
minimum 36-inch-wide (914 mm) underlayment consisting of one layer of
No 72 ASTM cap sheet running the full length of the valley Provide note
on plans
Resolution No P-09-10
Page 12
22. All eave and soffit construction shall be ignition-resistant and in compliance
with the Poway Municipal Code Section 15 OS Wildland Urban Interface
Building Code Provide details and note on plans 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
plans
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 plans.
25 Gutters and downspouts shall be constructed of non-combustible materials
Roof gutters shall be provided with the means to prevent the accumulation
of leaves and debris that contributes to roof edge ignition.
26 The first ten feet of material for fences and other attachments to structures,
such as stair risers, treads, landings, porches and balconies, shall be
constructed of non-combustible material or pressure-treated, exterior fire-
retardant wood. Gates are permitted, provided that a five-foot minimum
length section of non-combustible 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
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 30
feet from the nearest structures and property lines are not required to meet
the fire-resistive requirements
30 All thatched roofing materials shall be a minimum of 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.
Resolution No P-09-10
Page 13
Section 4 The approval of Hillside/Ridgeline Minor Development Review Application
08-49WCF shall expire on March 17,2011, 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.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 17th day of March 2009
U~~
Don Higginson, Deputy Mayor
.Troyan, MMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No P-D9-1 D, was duly adopted by
the City Council at a meeting of said City Council held on the 17th day of March 2009,
and that it was so adopted by the following vote
AYES BOYACK, CUNNINGHAM, HIGGINSON, REXFORD
NOES NONE
ABSENT CAFAGNA
DISQUALIFIED NONE
~ -----./
A. Troyan, MMC, City Clerk