Res P-09-11
RESOLUTION NO. P-09-11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 08-03
AND MINOR DEVELOPMENT REVIEW APPLICATION 07-57
ASSESSOR'S PARCEL NUMBER 314-840-08
WHEREAS, Minor Conditional Use Permit (MCUP) 08-03 and Minor
Development Review Application (MDRA) 07-57, submitted by Alan and Debbie Gold
Owners, requests approval to construct a 10,238-square-foot, two-story, single-family
residence with an attached 2,124-square-foot garage, and a lighted tennis court on a
3.14-acre parcel located at Lot 8 on Del Poniente Road. The property is zoned Rural
Residential A (RR-A) and is located within the Hillside/Ridgeline Review area; and
WHEREAS, on April 21, 2009, the City Council held a public meeting to solicit
comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: Pursuant to Section 15162 of the California Environmental Quality Act
(CEQA) Guidelines, an environmental review is not required for the construction of the
single-family residence as it is within the scope of the Mitigated Negative Declaration
that was adopted in conjunction with the approval of Tentative Tract Map 89-09 on
November 20, 1990, under Resolution No. P-90-87A. The proposed lighted tennis court
is 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 for a future single-family
residence.
Section 2: The findings, in accordance with Chapter 17.52 PMC, to approve Minor
Development Review Application 07-57 to construct a 10,238-square-foot, two-story,
single-family residence with an attached 2,124-square-foot garage, and a tennis court
on a 3.14-acre parcel located at Lot 8 on Del Poniente Road, are as follows:
A. The project complies with the provisions of the Poway Municipal Code and the
Poway General Plan in that the proposed use is allowable in the RR-A zone, with
the approval of a Hillside Ridgeline Minor Development Review Application; and
B. The project will not have an adverse impact on the public health, safety and
general welfare in that the proposed single-family residence has been designed
to comply with all City regulations; and
C The project will not adversely impact existing adjoining properties or the City in
general with regard to aesthetics in that the proposed development complies
grading limitations, the Hillside Development policies of the General Plan, and
Resolution No. P-09-11
Page 2
the house is developed with multiple levels to reduce the visible impact from a
distance; and
D. That project encourages the orderly and harmonious appearance of structures,
property and landscaping in that the proposed residence will be a multiple level
structure, will have earth-toned wall and roof materials, and landscaping that will
assist the home blend into the hillside.
Section 3: The findings, In accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), to approve MCUP 08-03 to permit the installation of lights at a
tennis court approved through MDRA 07-57, on a vacant 3.14-acre parcel located on
Del Poniente Road, 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 17.48.070, 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 side yard and will have reduced visibility because it will be built into the
ground. Landscaping installed around the perimeter of the tennis court will also
reduce the visibility of the lights from surrounding properties. The court lights will
not impact the residences on adjacent parcels as the lights will be lowered
approximately 3.75 feet and the 6-foot-high fire wall will provide additional
screening. 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 minimum of 6 and a
maximum height of 18 feet. Therefore, the harmony in scale, bulk, coverage,
and density of the project are 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 landscape screening around
Resolution No. P-09-11
Page 3
the court, especially around the lights. Therefore, there will be no harmful effects
upon desirable neighborhood characteristics.
F. The project site is a hilly, 3.14-acre property adjacent to similar or larger sized
properties, only one of which is currently developed. The tennis court is being
constructed in the side yard, at an elevation of 1,095 feet. One future single-
family home may be able to see the lighted court when it is constructed because
it will be located approximately 330 feet away from the tennis court and 37 feet
lower in elevation. Other existing homes in the area that may see the tennis
court lights are located at least 1,600 feet from the proposed tennis court and are
much lower in elevation. 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 proposed lights will be directed down and turned off at 10:00 p.m.; 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.
Section 4: Pursuant to the Poway Subarea Habitat Conservation Plan (PSHCP), a
biological survey was prepared for the property on March 8, 2008, by William 1. Everett,
a Certified Biological Consultant at Everett and Associates. The site consists of 2.69
acres of Chamise Chaparral (CHP) and 0.45 acres of disturbed area, for a total of 3.14
acres. Project grading and Fire Fuel Management zones will impact approximately
1.94 acres; of this, 1.49 acres will be CHP and .045 acres will be the previously
disturbed driveway area. Additionally, in the future, the project may temporarily impact
habitat beyond this area when the secondary septic system is installed (0.05 acres).
The secondary septic field will be required to be revegetated if it is ever needed.
Mitigation for permanent project impacts will be achieved by establishment of a
Biological Conservation Easement over the remaining approximate 1.15 acres of onsite
habitat. The area for the secondary septic system will not be included in the BCE.
A. The proposed project site is inside the mitigation area, the Twin Peaks Biological
Core and Linkage Area (BCLA) and the Planned Resource Preservation Area
(PRPA) NO.1 0 of the PSHCP. The mitigation is consistent with and furthers the
Resolution No. P-09-11
Page 4
implementing objectives of the PSHCP, since mitigation will be provided in
compliance with the executed Master Mitigation Agreement recorded on the
property at the San Diego County Recorder's Office on August 26, 2003, for the
Williams Ranch project.
B. The overall preservation of habitat within the Mitigation Area, the Twin Peaks
BCLA, and PRPA 10 will contribute toward the building of the ultimate total
mitigation area preserve system of the PSHCP since mitigation will be provided
in compliance with the executed Master Mitigation Agreement for the Williams
Ranch project.
C The mitigation will be to the long-term benefit of the covered species and their
habitats, in that the recordation of a Biological Conservation Easement over an
area of undisturbed and unencumbered habitat will promote a meaningful
addition to the assembly of a viable regional system of interconnected natural
habitat resources, habitat linkages, buffers, and wildlife corridors, since it will
permanently preserve approximately 1.15 acres of habitat onsite, in compliance
and furtherance of the executed Master Mitigation Agreement for the Williams
Ranch project.
D. The mitigation will foster the incremental implementation of the PSHCP in an
effective and efficient manner in that the habitat will be preserved onsite
contiguous to other preserved habitat areas.
Section 5: The findings, pursuant to Government Code Section 66020 for the public
improvements, and needed as a result of the proposed development to protect the
public health, safety, and welfare are made as follows:
A. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project. The construction of
public improvements is needed as a result of the proposed development to
protect the public health, safety, and welfare as identified below:
1. In accordance with the Poway General Plan, the project requires the
payment of drainage, park, affordable housing, and traffic fees, which are
assessed on a pro-rata basis to finance public infrastructure
improvements, which promote a safe and healthy environment for the
residents of the City.
Section 6: The City Council hereby approves MCUP 08-03 and MDRA 07-57 to
construct a 10,238-square-foot, two-story, single-family residence with an attached
2, 124-square-foot garage, and a lighted tennis court on a 3.14-acre parcel located at
Lot 8 on Del Poniente Road, per site plans and grading plans on file with the Planning
Resolution No. P-09-11
Page 5
Division dated December 31, 2008, and a floor plan and elevations dated April 22,
2008, subject to the following conditions:
A. Approval of this MCUP and MDRArequest shall apply to the subject project and
shall not waive compliance with all sections of the Zoning Ordinance and all other
applicable City Ordinances in effect at the time of Building Permit issuance.
B Within 30 days of approval, the applicant shall submit in writing that all conditions
of approval have been read and understood.
C. The conditions of MCUP 08-03 and MDRA 07-57 shall remain in effect for the
life of the subject residence, and shall run with the land and be binding upon
future owners, successors, heirs, and transferees of the current property owner.
D. Prior to grading, the applicant shall obtain a Grading Permit. Prior to issuance of
a Grading Permit, the applicant shall comply with the following:
(Engineering)
1. The Boundary Adjustment for the proposed property line modifications
shall be completed and recorded. A copy of the updated Grant Deeds,
for both properties, with complete legal descriptions, shall be sent to the
City to verify the transfer of property. If this is not completed, then the
proposed tennis court must be removed from any plans.
2. A grading and drainage plan for the development of the lot, prepared on a
City of Poway standard mylar D-Sheet (24" x 36") at a scale of 1" = 20',
shall be submitted, along with a Grading Permit application and applicable
fees, to the Development Services Department - Engineering Division for
review and approval. A grading plan submittal checklist is available at
the Engineering Division front counter. At a minimum, the grading plans
shall show/delineate the following:
a. All new slopes with a maximum 2:1 (horizontal to vertical) slope.
Tops and toes of graded slopes shall be shown with a minimum
5-foot setback from open space areas and property lines. The
house shall be located at least five feet from tops and toes of
slopes, unless waived by Planning Division and/or Engineering
Division prior to issuance of the Grading Permit.
b The proposed onsite driveway, including its structural section,
elevations and grades. If porous concrete-type surfacing is utilized
for design, the plans shall include complete specifications and
technical information for the pavement. It shall be demonstrated
that the underlying soils will absorb the anticipated volume of storm
water, so that there will be infiltration, and no excessive runoff.
Resolution No. P-09-11
Page 6
Additionally, the driveway grades shall be evaluated to ensure that
no excessive runoff occurs.
c. A separate erosion control plan for prevention of sediment runoff
during construction. This plan shall provide for an onsite de-silting
basin with a volume based on 3,600 cubic feet per tributary acre
drained.
d. Method of water connection to serve the new residence.
e. Low Impact Development (LID) measures and strategy 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 infiltration, providing retention, slowing runoff,
minimizing impervious footprint, directing runoff from impervious
areas into landscaping, and constructing impervious surfaces
to minimum possible widths. Notes must be added to plans
indicating the implementation of the LID. The LID techniques can
be found in the County of San Diego LID handbook.
f. Method of roof drainage for the proposed dwelling.
g. All utilities (proposed and existing), together with the
appurtenances and any easements. All easement encumbrances
shall be shown on the plans. Annotate respective easement
holders and the recording information. Encroachments are not
permitted upon any easement without an approved Encroachment
AgreemenUPermit or a Letter of Permission from the affected
easement holder.
h. Location of all new utility boxes, clearly identified in coordination
with the respective utility companies, and approved by the City prior
to any installation work. Screening of utility boxes shall be to the
satisfaction of the Director of Development Services.
I. Locations and all pertinent elevations of all retaining walls, with top
of wall and top of footing elevations.
J. Typical cross-sections throughout the site to clarify design.
k. The proposed septic field layout, including the septic tank and the
service line to the house.
I. Fire Fuel Management Zones.
Resolution No. P-09-11
Page 7
m. Biological Conservation Easements.
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. Three copies of a drainage study, using the 100-year storm frequency
criteria, shall be submitted with the grading plan. The drainage system
shall:
a. Be capable of handling and disposing all surface water within the
project site and all surface water flowing onto the project site from
adjacent lands. Large concentrated runoffs (3 cubic feet per
second or greater) shall not be discharged over the driveway and
into the street.
b. Cause post-development flow volumes from the project site to be
equal or less than pre-development flow volumes as much as is
practical.
c. Include all easement(s) required to properly handle the drainage.
The study shall determine the final size, design and location of the
permanent onsite detention basin for water quality purposes.
5. A title report, along with all associated easement documents affecting the
property, shall be submitted for review.
6 Due to grading disturbance over one (1) acre, the project applicant or the
property owner shall file with the State Regional Water Quality Board a
Notice of Intent (NOI) for coverage under the statewide General Permit
that covers storm water discharges. Proof of filing of the NOI and an
assigned Waste Discharge Identification Number shall be submitted to the
Development Services Department - Engineering Division. Applications
may be obtained by contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467-2952
7. Due to grading disturbance over one (1) acre, the project 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
Resolution No. P-09-11
Page 8
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 (BMP) 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.
8 Due to the proposed driveway surfacing area exceeding 5,000 square
feet, and the project being in an environmentally sensitive area, the project
will be subject to the City of Poway's Standard Urban Storm Water
Mitigation Plan (SUSMP) regulations. As such, a Water Quality Technical
Report shall be provided to address the following:
a. Identification of primary and secondary pollutants resulting from the
development.
b. Establishment of site design Best Management Practices (BMP) to
reduce runoff.
c. Establishment of source control BMP to prevent storm water
contact with pollutants.
d Selection of treatment control measures to remove pollutants from
contaminated water.
e. Annual inspection and maintenance of all storm water facilities after
their construction.
9. The applicant shall pay all applicable engineering, plan checking, permit,
and inspection fees.
10. Grading securities in the form of a performance bond and a cash deposit,
or letter of credit, shall be posted with the City prior to grading plan
approval. A minimum $2,000 cash security deposit is required.
11. The applicant shall attend a pre-construction meeting, at which time they
shall present an Action Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for erosion control can be provided using one or more of the
following guidelines:
Resolution No. P-09-11
Page 9
a. Provide an onsite de-silting basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Cover all flat areas with approved mulch.
c. Install an earthen or gravel bag berm that retains three inches of
water over all disturbed areas prior to discharge, effectively creating
a de-silting basin from the pad.
12. Construction staking shall be installed by the owner and inspected by the
Engineering Inspector prior to any clearing, grubbing, or grading. As a
minimum, all protected areas as shown on the project plans are to be
staked by a licensed surveyor, and delineated with lathe and ribbon. A
written certification from the engineer of work or a licensed surveyor shall
be provided to the Engineering Inspector stating that all protected areas
are staked in accordance with the approved project plans.
13. Prior to any rock blasting, a pre-blast survey of the surrounding properties
shall be conducted to the satisfaction of the Director of Development
Services, and a Blasting Permit shall be obtained from the Engineering
Division. Seismic recordings shall be taken for all blasting. Blasting
shall occur only at locations and levels approved by the Director of
Development Services.
14. Construction activity on the project site, including equipment preparation
(i.e., warming up engines), shall be limited to the hours of 7:00 a.m. to
5:00 p.m. Monday through Saturday. Grading activities, including
equipment preparation, shall be limited to the hours of 7:00 a.m. to
5:00 p.m. Monday through Friday.
(Planning)
15 The applicant shall submit and have approved landscape and irrigation
plans, pursuant to the City of Poway Guide to Landscape Requirements.
The landscape and irrigation plans shall identify plant species, sizes, and
automatic irrigation for all manufactured slopes greater than a 5:1 slope,
location and detail of retaining walls, open space staking, and Fire Fuel
Management Zones consistent with the approved Fire Fuel Management
Zones and the City of Poway Guide to Landscape Requirements. A
$525.00 plan check fee/deposit is required with the landscape plan
submittal package. The landscape plans must show the following:
a. Irrigation, and sizes and species for:
I. Landscaping all manufactured and disturbed slopes greater
than a 5:1 slope;
ij The Fire Fuel Management Zones.
Resolution No. P~09-11
Page 10
III. 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. In accordance with said requirements, and the Poway General Plan
requirement for hillside development, the landscaping shall utilize
materials similar in appearance to the existing native vegetation.
c. Trees shall be planted at the rate of one tree per 750 square feet of
slope area and shrubs shall be planted at the rate of one shrub per
100 square feet of slope area. Groundcover shall be hydroseeded,
or hand planted cuttings appropriately spaced to eventually control
soil erosion.
d. If construction of the residence does not commence within 90 days
of completion of grading, all manufactured slopes steeper than 5:1
shall be hydroseeded and irrigated to the satisfaction of the
Director of Development Services.
16 All slope plantings shall be installed, and an automatic irrigation system
shall be installed and operational at time of final inspection.
17. Prior to the issuance of a Grading Permit or an Administrative Clearing
Permit, whichever occurs first, the applicant shall mitigate the project
impacts to natural habitat by establishment of a BCE over the remaining
approximate 1.15-acre onsite habitat outside of the approved 2-acre
development area. The BCE shall be approved by the City Attorney, and
shall be notarized and recorded with the County of San Diego. The
applicant shall be responsible for preparing a BCE legal plat map and
description, submittal of this information to the City, and City easement
plan check fees. The project's septic field shall not be included in the
BCE. Portions of the septic field (secondary area) that are outside of the
project's maximum 2-acre habitat impact area, shall be revegetated with
habitat once it is completed. The septic field revegetation and monitoring
shall be described in a habitat revegetation plan, prepared by a qualified
biologist, to be submitted for review and approval.
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.
18 In accordance with Condition H of the PSHCP Incidental Take Permit, a
take of active California Gnatcatcher nests, which includes harassment of
Resolution No. P-09-11
Page 11
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. Before issuance of a Clearing/Grading Permit, if grading or clearing
is to occur between February 15 and July 1, the applicant shall
provide to the Planning Division a letter from a qualified biologist
retained by the applicant, with a scope of work for a CSS habitat
and Gnatcatcher Survey, and a report for the area to be cleared
and/or graded and CSS habitat areas within 500 feet of such area.
The biologist shall contact the USFWS to determine the appropriate
survey methodology. The purpose of the survey is to determine if
any active Gnatcatcher nests are located in the area to be cleared
or graded, or in CSS habitat within 500 feet of such area. To be
considered qualified, the biologist must provide the City with a copy
of a valid Gnatcatcher Recovery Permit from the USFWS.
b. The scope of work shall explain the survey methodology for the
biological survey and the proposed Gnatcatcher nest monitoring
activities during the clearing/grading operation.
c. Should the report show, to the satisfaction of the Director of
Development Services, that Gnatcatcher nests are not present
within the area to be graded/cleared, or within CSS habitat located
within 500 feet of said area, approval may be granted to commence
clearing/grading within the Gnatcatcher nesting season from
February 15 through July 1.
d. If Gnatcatchers are present within the area to be graded/cleared, or
within CSS habitat located within 500 feet of said area, no grading
will be allowed during this time.
19 The biologist must attend the City's pre-construction meeting for the
project and must be present onsite during all clearing/grading activities to
monitor that the clearing/grading activities stay within the designated
limits. During this period, the biologist shall also monitor and survey the
habitat, on a daily basis, within the area to be cleared/graded and any
habitat within 500 feet of said area for any evidence that a Gnatcatcher
Resolution No. P-09-11
Page 12
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.
20. 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.
21. At a minimum, all protected areas, as shown on the grading plan, shall be
staked by a licensed surveyor, and delineated with lathe and ribbon. The
applicant shall have said staking inspected by the Engineering Inspector
prior to any grading, clearing or grubbing. A written certification from the
engineer of work, or a licensed surveyor, shall be provided to the
Engineering Inspector stating that all protected areas are staked in
accordance with the approved project plans.
22. 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.
23. The applicant's Engineer shall provide a plat map and legal description
showing the required BCE. 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 and are the responsibility
of the applicant. The signed and notarized BCE document shall be
returned to the City and then recorded with the County of San Diego.
E. Prior to construction the applicant shall obtain a Building Permit. Prior to
issuance of a Building Permit, the applicant shall comply with the following:
1. The building plans shall be consistent with the approved site plans,
grading and site plans on file with the Planning Division dated December
31, 2008, and a floor plan and elevations dated April 22, 2008, on file in
the Development Services Department, except as modified by the
conditions herein.
Resolution No. P-09-11
Page 13
(Engineering)
2. Erosion control, including, but not limited to, de-silting basins, shall be
installed and maintained by the developer throughout the duration of the
construction period. The developer shall maintain all erosion control
devices throughout their intended life.
5. Rough grading of the lot is to be completed and must meet the approval of
the City Inspector and shall include submittal of the following:
a. A certification of line and grade prepared by the engineer of work.
b. A final soil compaction report for review and approval by the City.
6. 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.
7. The applicant shall pay all applicable development impact and utility
connection fees in effect at the time of the issuance of the Building Permit.
Fee rates shall be those in effect at the time of payment.
8. A Septic Permit shall be obtained from San Diego County Department of
Environmental Health. Evidence of the permit shall be provided to
Development Services Department, Engineering Division.
9. Water, sewer, and fire protection system plans shall be designed and
constructed to meet the requirements of the City of Poway.
(Building)
10. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School
District for additional information at (858) 679-2570.
(Planning)
11. Exterior building materials and finishes shall reflect the approved
elevations on file with the City, and shall consist of muted earth tones and
a tile roof as noted on the building plans to the satisfaction of the Director
of Development Services.
12. The maximum height of any fence or wall shall not exceed six feet, with
the exception of any fencing allowed with the approval of the MCUP for
the tennis court. No walls or fences shall be installed that may constrict
wildlife movement through any open space corridors specifically created
for the movement of wildlife as part of the PSHCP, except as approved by
the City of Poway prior to installation.
Resolution No. P-09-11
Page 14
13. All living quarters shall be equipped with low-flow plumbing fixtures.
14 An Affordable Housing In-Lieu Fee shall be paid at the rate established at
the time of Building Permit issuance.
15. Any proposed entrance monument shall adhere to a maximum height of
six feet or be located a minimum of 40 feet from the front property line. A
separate Building Permit may be required.
16. Fire Fuel Management Zones shall be shown on Building Permit site
plans.
17. The tennis court shall comply with the following, per Chapter 17.30 PMC.
A maximum 1Q-foot-high fence (measured from the finished grade of the
court) shall be allowed; this includes any combinations of retaining walls
and fencing or railings.
a. Pursuant to PMC 17.30.020.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.
b. Pursuant to PMC 17.30.020.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. Vinyl-coated
chain link fencing with fence posts painted to match is acceptable.
c. Pursuant to PMC 17.30.020.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 and to restrict visibility of the light standards. The
landscaping shall consist of 15-gallon evergreen trees and 5-gallon
evergreen shrubs.
d. 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 automatically shut off at 10:00 p.m. and prevent the
lights from accidentally being left on.
e. Light standards height shall not exceed 18 feet. Lighting fixtures
shall be a maximum of 1,OOO-watt, high-pressure sodium as
required by Chapter 17.30 PMC and shall be maintained for the life
of the project. Metal halide lighting is prohibited.
Resolution No. P-09-11
Page 15
F. The applicant shall comply with the following conditions prior to occupancy:
(Engineering)
1. Private driveway improvements, all new drainage facilities, all landscaping
and protection measures, and all utilities shall be constructed and
completed by the property owner, and inspected by the Engineering
Inspector.
2. An adequate drainage system around the building pad, capable of
handling and disposing all surface water, shall be provided to the
satisfaction of the Engineering Inspector. Runoff shall not be permitted to
pond near the house foundation or cause surface erosion along the
slopes.
3 The applicant shall repair any and all damages to the private streets
caused by construction activity from this project, to the satisfaction of the
City Engineer.
4. Due to compliance with the Standard Urban Storm Water Mitigation Plan
(SUSMP), the applicant shall execute and record a Storm Water
Management Facilities Maintenance Agreement for repair, operation and
maintenance of the storm water BMP devices. These include the
proposed porous pavement for the driveway, as well as the onsite
detention basin. An operation and maintenance plan shall be submitted
with the agreement.
3. All new utility services shall be placed underground.
4. 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)
7. No encroachments of any kind whatsoever are permitted upon any existing
utility easements or the BCE.
8 Permanent poles, a minimum of four feet and a maximum of six feet, shall
be installed between the approved development area of the parcel and
the BCE bordering the area of native habitat to delineate in perpetuity the
conservation values and function of the property to the satisfaction of
the Director of Development Services. Said poles shall be reflected on the
landscape plans and revised site plan. A sign, available for purchase at
the Department of Development Services, shall be installed on these poles
Resolution No. P-09-11
Page 16
along the open space border to indicate the location of the conservation
easement.
9. Landscape and irrigation shall be installed and maintained in accordance
with the approved landscape and irrigation plans, habitat restoration plan,
and fuel management plan on file with the City of Poway Planning Division,
consistent with slope planting and the approved fire management zones
and the City of Poway Guide to Landscape Requirements.
10. 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.
11. 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
and 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 08-03, 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.
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 17.20.020.G,
and shall be maintained to the satisfaction of the Director of Development
Services.
H. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
Resolution No. P-09-11
Page 17
1. Roof covering shall be fire retardant as per California Building Code
Section 1505, and City of Poway Ordinance No. 64 and its amended
Ordinance No. 526. The project is located within the Wildland Urban
Interface; therefore, 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. When provided, valley flashings shall be not less
than 0.019-inch (0.48 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.
2. Approved numbers or addresses measuring 4 to 6 inches in height shall
be placed on the building in such a position as to be plainly visible and
legible from the street fronting the property. Said numbers shall contrast
with their background. Address shall be required at private driveway
entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
4. Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways with all-weather driving
surface of not less than 16 feet of unobstructed width, with an adequate
roadway turning radius capable of supporting the imposed loads of fire
apparatus, and having a minimum of 13 feet 6 inches of vertical clearance.
The road surface type shall be approved by the Engineering Inspector and
the Fire Chief, pursuant to the Poway Municipal Code.
5. Dead-end access roadways in excess of 150 feet long shall provide
provisions for the turning around of Fire Department apparatus. Curves
and topographical conditions could alter the requirements for turnarounds
and the width of access ways.
6. The structure is in the Wildland Urban Interface; an interior automatic fire
sprinkler system is required.
7. All exterior, attached overhead covers four feet or greater in depth, shall
be equipped with an approved exterior fire sprinkler head (Teflon or wax
coated).
8. A residential fire sprinkler system with a one-inch meter will be required.
Plans shall be submitted to the Poway Fire Department, Division of Fire
Prevention for approval prior to installation. (If a one-inch lateral off the
street main is currently not present, one will have to be installed). If a
Resolution No. P-09-11
Page 18
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 prior to submitting building plans for details.
9 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.
10. The applicant shall comply with the City of Poway Guide to Landscape
Requirements as it relates to Fire Fuel Management Zones. The applicant
shall submit, and receive approval of landscape and irrigation plans
prepared pursuant to the City of Poway Guide to Landscape
Requirements prior to Grading Permit issuance. Offsite fuel management
will not be required due to use of a noncombustible six-foot-high fire wall
to be used as mitigation.
11. Show permanently wired smoke detectors, with battery backup, in each
sleeping room, and at a point centrally located in the corridor/hallway area
leading to each separated sleeping area. The smoke detectors shall be
hard-wired, with a battery backup, and shall be wired in such a manner
that if one detector activates, all detectors activate.
12. Doors leading from attached garages into the structure shall meet the
requirements for a 20-minute fire door assembly.
13. Propane tanks or containers up to 500 gallons shall maintain a minimum
10-foot clearance from structures, combustibles and property lines. Tanks
greater than 500 gallons shall maintain a 25-foot clearance. Tanks shall
be secured in an approved manner as per the California Fire Code.
Wildland Urban Interface Requirements:
14. Structure Setback (measured from the top of slope to the farthest
projection from the roof):
a. A 15-foot horizontal setback distance is required for single-story
structures (single-story structure shall be less than 12 feet above
grade).
b A 30-foot horizontal setback is required for two-story structures.
The required structure setback shall be shown on the plot plan
15. Exterior wall finished material shall be non-combustible and comply with
the California Building Code (e.g.: stucco, masonry, cement fiber board,
Resolution No. P-09-11
Page 19
heavy timber, etc.). In addition, all exterior walls are required to be
protected with 2-inch nominal solid blocking between rafters at all roof
overhangs. Wood shingle and shake wall coverings shall be prohibited.
Appendages and projections attached to a structure, such as exterior
balconies, carports, decks, and patio covers, shall be constructed to
maintain the fire-resistive integrity of the exterior walls. Such appendages
and projections shall meet the requirements for all setbacks and fuel
modification zones.
16. Exterior windows and glazing are restricted to 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 ANSI/AAMAlNWVVDA 101/I.S.2-97 structural requirements.
Provide note on plans.
17. Skylights and solatubes shall be tempered glass. Provide note on plans.
18. Exterior doors shall be of approved, non-combustible construction or
ignition"resistant, solid core wood not less than 1% inches thick, or have a
fire protection rating of not less than 20 minutes. Windows within doors
and glazed doors shall comply with exterior window and glazing
requirements. Provide note on plans.
19. 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.
20. When provided, valley flashings shall be not less than 0.019 inch (0.48
mm) (No. 26 galvanized sheet gage) corrosion-resistant metal installed
over a minimum 36-inch-wide (914 mm) underlayment consisting of one
layer of No. 72 ASTM cap sheep running the full length of the valley.
Provide note on plans.
21. All eave and soffit construction shall be ignition resistant and in
compliance with Chapter 15.05 PMC, Wildland Urban Interface Building
Code. Provide details and notes on plans for eave and soffit construction.
22. 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.
Resolution No. P-09-11
Page 20
23. 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.
24. 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 in the gutter that contributes to roof
edge ignition.
25. The first ten feet of material for fences and other attachments, such as
stair risers, treads, landings, porches and balconies, to structures 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.
26. 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.
27. 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.
28. 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.
29. All thatched roofing materials shall be a minimum 30 feet from any
structure and shall have an applied fire retardant chemical. Proof of
application and the UL rating of the fire retardant chemical shall be
provided to the Fire Department upon request.
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.
Section 7: Minor Conditional Use Permit 08-03 and Minor Development Review
Application 07-57 shall expire on April 21, 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.
Resolution No. P-09-11
Page 21
Section 8: Pursuant to Government Code Section 66020, the 90-day approval period
in which the applicant may protest the imposition of any fees, dedications, reservations,
or exactions imposed pursuant to this approval shall begin on April 21, 2009.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 21st day of April 2009.
ATT ST:
~
~~-~ ~
L..---"""tlnda/ . 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-09-11, was duly adopted by
the City Council at a meeting of said City Council held on the 21st day of April 2009,
and that it was so adopted by the following vote:
AYES: BOYACK, CUNNINGHAM, HIGGINSON, REXFORD
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE ~-..,---~ ~~
~
l:inda . Troyan, MMC, City Clerk
City-6f Poway