Res P-09-31
RESOLUTION NO. P-09-31
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 06-05R
ASSESSOR'S PARCEL NUMBER 323-290-17
WHEREAS, MDRA 06-05R, Stephen Oppenheimer, Applicant, requests approval to
construct a 5,114-square-foot, two-story, single-family residence, with an attached
793-square-foot garage, on a 2.41-acre property located off of Gate Drive. The property is
zoned Rural Residential C (RR-C) and located within the Hillside/Ridgeline Review Area;
and,
WHEREAS, on September 1, 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, the
Mitigated Negative Declaration adopted October 7, 2008, for MDRA 06-05, 06-06 and
06-09 adequately addresses potentially significant adverse environmental impacts of the
proposed development because it is for the construction of a residence which is consistent
with the development envisioned with the original approval of MDRA 06-05, 06-06 and
06-09. Additional environmental review for this project is not required.
Section 2: Pursuant to the Poway Subarea Habitat Conservation Plan (PSHCP), a
biological survey was prepared for all three properties on June 19, 2008, by Robin Church,
RC Biological Consulting, Inc. These properties consist of 209 acres of Coastal Sage
Scrub (CSS), 0.52 acres of Native Grassland (NG), 3.66 acres of Non-Native Grassland
(NNG), which include three individual Coast Barrel Cactus plants, 0.56 acres of Southern
Mixed Chaparral (SMC) and 0.40 acres of disturbed area, for a total of 7.23 acres. Project
grading and Fire Fuel Management Zones for development pursuant to MDRA 06-05R,
MDRA 06-06R, and MDRA 06-09 will impact approximately 4.46 acres of habitat; of this,
1.20 acres will be CSS, 0.40 acres will be NG, 2.29 acres NNG, 0.30 acres of SMC and
0.27 acres will be disturbed land.
A. The project sites are not in the mitigation area of the PSHCP. The
mitigation is consistent with and furthers the implementing objectives of the PSHCP
in that the applicants will mitigate impacts to 1.20 acres of CSS habitat at a 2: 1 ratio
(2.40 acres mitigation), 0.40 acres of NG at a 2:1 ratio (0:80 acres), 2.29 acres of
NNG at a 2:1 ratio (4.58 acres), 0.30 acres of SMC at a 2:1 ratio (0.60 acres), and
0.27 acres of disturbed habitat at a 1:1 ratio (0.27). This mitigation will require the
purchase of similar quality habitat within the identified mitigation area of the PSHCP
and recording a Biological Conservation Easement on this area. If it is infeasible for
the applicant to purchase land within an identified mitigation area of the PSHCP,
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Page 2
with similar quality habitat, then an In-Lieu Fee to be used by the City for the future
purchase of habitat will be paid.
As the project will be preserving habitat within an identified mitigation area or paying
for future habitat acquisition, it is meeting the goal of the PSHCP. Therefore, the
project meets the intent of the Poway HCP.
B. Preservation of such habitat within the Mitigation Area and/or payment of In-Lieu
Fees will contribute toward the building of the ultimate total Mitigation Area preserve
system of the HCP. Therefore, such habitat preservation and/or payment of In-Lieu
Fees will serve to enhance the long-term viability and function of the preserve
system.
C. The habitat preserved through offsite dedication, or purchased by Habitat Mitigation
In-Lieu Fees paid will be to the long-term benefit of the HCP covered species and
their habitats in that the recordation of a Biological Conservation Easement over
undisturbed and unencumbered habitat (see "A" above) will promote a meaningful
addition to the assembly of a viable regional system of uninterrupted natural habitat
resources, habitat linkages, buffers, and wildlife corridors.
D. 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 toward assembling the total Mitigation Area
preserve system.
E. The preserved habitat will not result in a negative fiscal impact with regard to the
successful implementation of the HCP, as the subject mitigation lands will be
dedicated to the City of Poway in fee title and/or placed within permanent public
Biological Conservation Easements or In-Lieu Fees will be paid.
Section 3: The findings, in accordance with Poway Municipal Code (PMC) Chapter
17,52, to approve Minor Development Review Application 06-05R to construct a 5,114-
square-foot, two-story, single-family residence, with an attached 793-square-foot garage,
on a 2.41-acre property located on the east side of Gate Drive, are as follows:
A. That the home and garage have been sited to minimize landform alteration, and
conform to City zoning and grading standards. Therefore, the proposed use
respects the interdependence of land values and aesthetics to the benefit of the
City; and,
B. That the approved project will not have an adverse affect on the aesthetics, health,
safety, or architecturally-related impact upon adjoining properties, as the residence
is consistent with surrounding residences. Therefore, the proposed design, size,
and scale of the proposed addition is compatible with and will not adversely affect,
Resolution No. P-09-31
Page 3
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
necessary for the new residence; and,
D. That the project has been designed to minimize impacts on the surrounding
community by utilizing a low-profile architectural design, and earth-toned wall and
roof materials. Therefore, the proposed development respects the public concerns
for the aesthetics of development; and,
E. That the proposed use will not be detrimental to the public health, safety or welfare,
or materially injurious to properties or improvements in the vicinity, nor be contrary
to the adopted General Plan because it will meet all development requirements;
and,
F. That the proposed development will comply with each of the applicable provisions
of the Zoning Ordinance and the Poway General Plan.
Section 4: The findings, pursuant to Government Code Section 66020 for the public
improvements, are needed as a result of the proposed development to protect the public
health, safety, and welfare, are made as follows:
A. The design and improvements ofthe proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project. The construction of
public improvements is needed as a result of the proposed development to protect
the public health, safety, and welfare as identified below:
1. In accordance with the Poway General Plan, the project requires the
payment of drainage, park, affordable housing, and traffic fees, which are
assessed on a pro-rata basis to finance public infrastructure improvements,
which promote a safe and healthy environment for the residents of the City.
Section 5: The City Council hereby approves MDRA 06-05, to allow the construction of
a 5, 114-square-foot, two-story, single-family residence, with an attached 793-square-foot
garage, on a 2.41-acre property located on the east side of Gate Drive, per site plan and
grading plan on file with the Planning Division dated August 17, 2009, and floor plan and
elevations dated August 19, 2008, subject to the following conditions:
A. Approval of this MDRA 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.
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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 MDRA 06-05R 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. A grading plan for the development of the lot(s), prepared on a City of Poway
standard mylar (24" x 36") at a scale of 1" = 40', shall be submitted, along
with a Grading Permit application and applicable fees, to the Development
Services Department - Engineering Division for review and approval. A
grading plan submittal checklist is available at the Engineering Division front
counter. At a minimum, the grading plans shall show the following:
a. All new slopes with a maximum 2:1 (horizontal to vertical) slope. Tops
and toes of graded slopes shall be shown with a minimum 5-foot
setback from open space areas and property lines unless waived by
the Planning Division and/or Engineering Division prior to issuance of
a Grading Permit. Buildings shall be located at least 5 feet from tops
and toes of slopes, unless waived by the Planning Division and/or
Engineering Division prior to issuance of a Grading Permit.
b. The driveway shall be in compliance with the specifications provided
in PMC Section 17.08.170D, and include the structural section, finish
elevation, grades, and its connection to the access road. In the RR-C
zone, driveways steeper than 15% shall be surfaced with 6" PCC.
The driveway approach connection at Gate Drive shall be per San
Diego Area Regional Standard Drawings.
c. Prepare and submit a recorded access/driveway/rig ht -of-entry
easement between adjacent property owners in order to allow for
driveways and parking areas to cross property lines. Clearly show the
easement limits and recording information on grading plans.
d. A separate erosion control plan for prevention of sediment runoff
during construction.
e. All utilities (proposed and existing), together with the appurtenances
and any easements. Encroachments are not permitted upon any
easement without an approved Encroachment Agreement/Permit.
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f. Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work. Screening of utility boxes shall be to the satisfaction
of the Director of Development Services.
g. Indicate all new water and sewer service(s) for each property and their
point(s) of connection with the City main(s). Note: Each lot must
have a separate sewer service lateral and public lateral connection to
the main (i.e" no combined/shared laterals allowed). The developer
may elect to create a public sewer main within the 300-foot driveway
easement connection to Gate Drive and, therefore, must also provide
a minimum 20-foot-wide public sewer easement encompassing said
public sewer main.
h. Submit public water line easement and closure calculations extending
up to the proposed fire hydrant and call out this easement location on
plans. Size of water line and pipe materials shall be per Poway
standards. Show existing water main in Gate Drive (with size and
material type noted) and detail the connection point of new water line.
I. Method of building roof drainage from proposed structures.
J. Low Impact Development (LID) measures and strategies that will
emphasize conservation and use of onsite natural features combined
with engineered hydraulic controls to more closely reflect
pre-development hydrologic functions.
k. Enhanced Treatment Control Best Management Practices to treat
runoff from the development prior to its passage to the existing storm
drain system.
I. Site Design and Source Control Best Management Practices.
m. Typical sections through the site, including buildings, and driveway.
n. Top of wall and top of footing elevations, and locations for all retaining
walls. Note type of wall (i.e., SDRSD No.) and include on legend.
o. Grass-lined swales for filtering runoff, as opposed to cobblestone
swales.
p. Show the entire limits for the 30-foot-wide private road easement
connecting the project site to Gate Drive and note whether existing or
proposed and, if existing, submit a copy and note the recording
information on the plan.
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q. All easements within project limits as noted in title report.
r. All undergrounding of utilities, as determined by the Engineering
Division, and removal of any power poles, with appropriate notes
indicating the need for undergrounding.
s. Fire Fuel Management Zones.
t. Biological Conservation Easements and Open Space Easements.
2. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work. The report shall be submitted with
the grading plan. Slope stability analysis shall be included or accompany the
soils report for all cut/fill slopes over 2 feet in height, regardless of the slope
ratio.
3. A drainage study, using the 100-year storm frequency criteria, shall be
submitted with the grading plan. The drainage system shall:
a. Be capable of handling and disposing all surface water within the
project site and all surface water flowing onto the project site from
adjacent lands. Large concentrated runoffs (3 cubic feet per second
or greater) shall not be discharged over the driveway and into the
street.
b. Cause post-development flow volumes from the project site to be
equal or less than pre-development flow volumes.
c. Include any needed easement(s) required to properly handle the
drainage.
4. Due to the project's new driveway surface areas exceeding 5,000 square
feet, the plans shall demonstrate that the project complies with the City's
Standard Urban Stormwater Mitigation Plan (SUSMP) regulations.
Specifically, the applicant shall submit a Storm Water Mitigation PlanlWater
Quality Technical Report that identifies primary and secondary pollutants
resulting from the development that might impair the receiving waters;
establishes site design Best Management Practices (reducing runoff);
establishes source control BMP (preventing/minimizing storm water contact
with pollutants); selects treatment control measures to address pollutants
(removing pollutants from contaminated water); and requires annual
inspection and maintenance of all storm water facilities after construction.
A standard SUSMP checklist shall accompany the required report.
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Page 7
5. Due to the project's proposed grading exceeding one acre, prior to the
issuance of the Grading Permit, the property owner(s) shall file with the State
Regional Water Quality Board a Notice of Intent (NOI) for coverage under the
statewide General Permit that covers storm water discharges. Proof of filing
of the NOI and an assigned Waste Discharge Identification Number shall be
submitted to the Development Services Department - Engineering Division.
Applications may be obtained by contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467-2952
6. Due to the project's proposed grading exceeding one acre, prior to issuance
of a Grading Permit, the applicant shall prepare a Storm Water Pollution
Prevention Plan (SWPPP) that effectively addresses the elirnination of non-
storm runoff into the storm drain system. The SWPPP shall include, but not
be limited to, an effective method of hillside erosion and sediment control;
a de-silting basin with a capacity of 3,600 cubic feet of storage per acre
drained or designed to remove fine silt for a 10-year, 6-hour storm event; a
material storage site; measures to protect construction material from being
exposed to storm runoff; protection of all storm drain inlets; onsite concrete
truck wash and waste control; and other means of Best Management
Practices (BMPs) to effectively eliminate pollutants from entering the storm
drain system, including a weather-triggered action plan. The engineer shall
certify the SWPPP prior to issuance of the Grading Permit. The SWPPP
preparer shall use the Building Industry Association of San Diego County
guidelines to prepare the SWPPP.
7. A "Maintenance Agreement" for maintenance of the common driveway shall
be prepared, executed by property owners, and subsequently recorded in the
office of the San Diego County Recorder (via the City Clerk's office) prior to
issuance of a Grading Permit.
Prior to recordation of the agreement, it shall be submitted to the City for
review and approval as to form and content by the City Attorney. The
agreement shall include a legal description and an exhibit plat, to depictthe
area to be commonly maintained. Each property owner shall provide the City
with proof of access rights or easements to areas that are not within their
respective ownership.
This requirement for the maintenance agreement is based on the premise
that the driveway, as shown on the conceptual plan provided for condition
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purposes, is to be utilized by three adjoining properties, identified as APNs
323-290-17, 18,43 for MDRAs 06-05, 06-06 and 06-09, respectively.
8. A "Storm Water Management Plan" (SWMP) shall be prepared and submitted
to the City for review and approval prior to grading permit issuance.
9. A "SUSMP Maintenance Agreement" shall be prepared and submitted to the
City for review and approval. Owners shall execute agreement and recorded
in the office of the San Diego County Recorder (via the City Clerk's office)
prior to issuance of a Grading Permit.
10. The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
11. Grading securities in the form of a performance bond and a cash deposit, or
letter of credit, shall be posted with the City prior to grading plan approval.
A minimum $2,000 cash security is required for erosion prevention and
sediment control.
12. The applicant shall apply for a water system analysis to establish the proper
size and location of the public water system. The fee for the analysis is
$1,550. If a hydrant is required, the applicant shall submit engineering public
improvement plans, along with plan check and inspection costs, for this
public improvement.
13. The applicant shall attend a pre-construction meeting, at which time they
shall present an Action Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for erosion control can be provided using one or more of the
following guidelines:
a. Provide an onsite de-silting basin with a volume based on 3,600 cubic
feet per tributary acre drained.
b. Cover all flat areas with approved mulch.
c. Install an earthen or gravel bag berm that retains 3 inches of water
over all areas prior to discharge, effectively creating a de-silting basin
from the pad. The earthen berm and gravel bags shall be keyed in a
minimum of surface grade.
14. Construction staking shall be installed by the owner and inspected by the
Engineering Inspector prior to any clearing, grubbing, or grading. As a
minimum, all protected areas as shown on the project plans are to be staked
by a licensed surveyor, and delineated with lathe and ribbon. A written
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certification from the engineer of work or a licensed surveyor shall be
provided to the Engineering Inspector stating that all protected areas are
staked in accordance with the approved project plans.
15 Prior to any rock blasting, a pre-blast survey of the surrounding properties
shall be conducted to the satisfaction of the Director of Development
Services, and a Blasting Permit shall be obtained from the Engineering
Division. Seismic recordings shall be taken for all blasting. Blasting shall
occur only at locations and levels approved by the Director of Development
Services.
16. Construction activity on the project site, including equipment preparation
(i.e., warming up engines), shall be limited to the hours of 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)
17. The applicant shall submit landscape and irrigation plans, pursuant to the
City of Poway Guide to Landscape Requirements. The landscape and
irrigation plans shall identify plant species, sizes, and automatic irrigation for
all manufactured slopes greater than a 5:1 slope, location and detail of
retaining walls, open space staking, and Fire Fuel Management Zones
consistent with the approved Fire Fuel Management Zones and the City of
Poway Guide to Landscape Requirements. A $525.00 plan check
fee/deposit is required with the landscape plan submittal package. The
landscape plans must show the following:
a. Irrigation, and sizes and species for:
I. Landscaping all manufactured and disturbed slopes greater
than a 5:1 slope;
II. The Fire Fuel Management Zones.
b. In accordance with said requirements, and the Poway General Plan
requirement for hillside development, the landscaping shall utilize
materials similar in appearance to the existing native vegetation.
c. Trees shall be planted at the rate of one tree per 750 square feet of
slope area and shrubs shall be planted at the rate of one shrub per
100 square feet of slope area. Groundcover shall be hydroseeded,
or hand planted cuttings appropriately spaced to eventually control
soil erosion.
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d. If construction of the residence does not commencewithin 90 days of
completion of grading, all manufactured slopes steeper than 5:1 shall
be hydroseeded and irrigated, to the satisfaction of the Director of
Development Services.
e. The landscape plan must be reviewed by a qualified archaeologist, to
the satisfaction of the Director of Development Services, to ensure
that the proposed landscaping and fire management activities will not
impact archaeological resources located within any Open Space
Easements for these resources.
18. All slope plantings shall be installed, and an automatic irrigation system
shall be installed and operational at time of final inspection,
19. According to the habitat assessment and area calculations prepared on
June 19, 2008, by Robin Church, RC Biological Consulting, Inc., this
property, APN 323-290-18, and APN 323-290-43 contain a total of 2.09 acres
of Coastal Sage Scrub (CSS), 0.52 acres of Native Grassland (NG), 3.66
acres of Non-Native Grassland, 0.56 acres of Southern Mixed Chaparral
(SMC) and 0.40 acres of disturbed land for a total of 7.23 acres. Offsite
impacts on the easement from Gate Drive to the properties include 0.12
acres of NNG and 0.06 acres of disturbed land. Project grading, access and
Fire Fuel Management Zones for the three homes will impact approximately
4.46 acres; of this, 1.20 acres will be CSS habitat, 0.40 acres NG, 2.29 acres
NNG, 0.30 acres of SMC and 0:27 acres of Disturbed Habitat.
Mitigation will be completed as follows:
a. The subject properties for MDRA 06-05R, MDRA 06-06R, and MDRA
06-09 are located outside of the Poway Subarea Habitat Conservation
Plan (PSHCP) Mitigation Area; therefore, offsite dedication of 8.65
acres of habitat of equal or greater conservation value is required.
Said offsite dedication shall require the applicant(s) to place 8.65
acres of in-kind habitat in a Biological Conservation Easement. Said
Conservation Easement shall be approved by the City Attorney, and
shall be notarized and recorded with the County of San Diego. In
compliance with the PSHCP, the City shall subsequently re-zone the
mitigation land to Open Space-Resource Management to ensure its
permanent preservation. The applicant may opt to complete the
mitigation requirement through payment of a Habitat Mitigation In-Lieu
Fee. Presently, the Habitat Mitigation In-Lieu Fee is $1 O,OOO/acre.
b Any Coast Barrel Cactus found onsite and disturbed by development
shall be relocated onsite or to a City approved transplant location, to
the satisfaction of the Director of Development Services.
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Page 11
c. In the event that all three properties, approved pursuant to MDRA
06-06R for APN 323-290-18, MDRA 06-09 for APN 323-290-43, and
the subject site, do not develop at the same time, the applicant shall
obtain an updated Biological Report to document what habitat will be
removed to develop the subject site. The applicant shall mitigate for
the habitat removed in the same ratio as referenced in the updated
Biological Report.
20. In accordance with Condition H of the PSHCP Incidental Take Permit, a take
of active California Gnatcatcher nests, which includes harassment ofthe 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.
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Page 12
d. If Gnatcatchers are present within the area to be graded/cleared, or
within CSS habitat located within 500 feet of said area, no grading will
be allowed during this time.
21. The biologist must attend the City's pre-construction meeting for the project
and must be present onsite during all clearing/grading activities to monitor
that the clearing/grading activities stay within the designated limits. During
this period, the biologist shall also monitor and survey the habitat, on a daily
basis, within the area to be cleared/graded and any habitat within 500 feet of
said area for any evidence that a Gnatcatcher nest(s) exists or is being built.
Weekly monitoring summaries shall be submitted to the Planning Division.
Should evidence of a Gnatcatcher nest(s) be discovered, the grading
operation shall cease in that area and be directed away from the Gnatcatcher
nest(s) to a location greater than 500 feet away from the nest(s). If grading
is required to stop due to the presence of active nests, the applicant shall be
required to provide erosion control, to the satisfaction of the City Engineer.
This paragraph must be included as a note on the cover sheet of the
clearing/grading plan.
22. Upon completion of the clearing/grading activities, the applicant's biologist
shall submit, to the Director of Development Services, a biological monitoring
report summarizing the daily observations of the biologist, including whether
any Gnatcatchers or evidence of active Gnatcatcher nests were present
during clearing and grading activities within the area and any habitat within
500 feet of said area.
23. At a minimum, all protected areas, as shown on the grading plan, shall be
staked by a licensed surveyor, and delineated with lathe and ribbon. The
applicant shall have said staking inspected by the Engineering Inspector
prior to any grading, clearing or grubbing. A written certification from the
engineer of work, or a licensed surveyor, shall be provided to the Engineering
Inspector stating that all protected areas are staked in accordance with the
approved project plans.
24. The biologist shall provide the City with written confirmation that the limits of
clearing/grading are in accordance with the project's Biological Resource
Assessment.
25. Site archaeological testing shall be completed in accordance with the
mitigation recommendation set forth in the report prepared by Laguna
Mountain Environmental, Inc, and dated December 2006 and August 2009
for the site to be impacted by the development of this property and the
required Fire Management Zones. This testing will consist of the
development of a research design, feature recordation, trenching at site and
excavation of a series of shovel test pits to determine if subsurface deposits
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Page 13
are present. If subsurface deposits are found, then the items could be
removed or the site could be capped and an Open Space Easement placed
on the area to the satisfaction of the Director of Development Services.
26. The applicant shall prepare and record an Open Space Easement for the
area near the north property line, which contains artifacts that are not
proposed to be impacted by the development of the parcel, to the satisfaction
of the Director of Development Services. As an alternative, the applicant
may pursue further review of the area with a qualified archaeologist to
determine the level and significance of artifacts and whether their protection
is warranted. The findings of this review shall be submitted to the Director of
Development Services for review and approval. If it is deterrnined that the
level of artifacts is insignificant, then no Open Space Easement will be
required.
27. The applicant shall retain the services of a qualified archaeologist, to the
satisfaction of the Director of Development Services, who will be onsite
during the grading process. The archaeologist shall attend the pre-
construction meeting. In the event that any cultural resources are uncovered
during grading, the archaeologist shall have the authority to stop the
construction operation and/or direct the work to another area of the site while
the find is analyzed. Should mitigation be required, the archaeologist shall
formulate a mitigation plan for review and approval by the Director of
Development Services before more grading work occurs within the affected
area. Any mitigation measures required for new sites must be completed
before grading resumes in these areas.
E. Prior to construction, the applicant shall obtain a Building Permit. Prior to issuance
of a Building Permit, the applicant shall comply with the following:
1. The building plans shall be consistent with the approved site plans and
grading plans dated July 11, 2008, and floor plan and elevations dated
May 1, 2008, on file in the Development Services Department, except as
modified by the conditions herein.
(Engineering)
2. Erosion control including, but not limited to, de-silting basins, shall be
installed and maintained by the developer throughout the duration of the
construction period. The developer shall maintain all erosion control devices
throughout their intended life.
3. The site shall be developed in accordance with the approved site plans and
conditions of approval on file in the Development Services Department and
the conditions contained herein. Grading shall be in accordance with the
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Uniform Building Code, the City Grading Ordinance, the approved grading
plan, the approved soils report, and grading practices acceptable to the City.
4. Rough grading of the lot is to be completed and must meet the approval of
the City Inspector, and shall include submittal of the following:
a, A certification of line and grade prepared by the engineer of work.
b. A final soil compaction report for review and approval by the City.
5. Prior to start of any work within City-held easements or rights-of-way, a
Right-of-Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior
to permit issuance.
6. Prior to delivery of combustible building materials, the onsite water system
shall satisfactorily pass all required tests and be fully operational.
7. The following development fees shall be paid to the Engineering Services
Department prior to Building Permit issuance: water, sewer traffic mitigation,
park and drainage. These fees shall be paid at the rate that is established at
the time of Building Permit issuance.
(Building)
9. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School District
for additional information at (858) 679-2570.
(Planning)
10. Exterior building materials and finishes shall reflect the approved elevations
on file with the City, and shall consist of muted earth tones and a tile roof as
noted on the building plans, to the satisfaction of the Director of Development
Services.
11. The maximum height of any fence or wall shall not exceed 6 feet. No walls
or fences shall be installed that may constrict wildlife movement through any
open space corridors specifically created for the movement of wildlife as part
of the PSHCP, except as approved by the City of Poway prior to installation.
12. All living quarters shall be equipped with low-flow plumbing fixtures.
13. An Affordable Housing In-Lieu Fee shall be paid at the rate established at
the time of Building Permit issuance. Currently, the fee for the proposed
residence is $2,250.
Resolution No. P-09-31
Page 15
14. Fire Fuel Management Zones shall be shown on Building Permit site plans.
15. Any proposed entrance monument shall adhere to a maximum height of 6 feet
or be located a minimum of 40' from the front property line. A separate
Building Permit may be required.
16. The archaeologist shall submit a final cultural resources report and all
recovered artifacts to the City of Poway for approval and acceptance. The
artifacts shall be stored at an appropriate facility as approved by the City of
Poway.
F. The applicant shall comply with the following conditions prior to occupancy:
(Engineering)
1 Driveways, drainage improvements, all new drainage facilities, slope
landscaping and protection measures, and all utilities, shall be constructed
and completed by the property owner, and inspected by the Engineering
Inspector. The driveway shall be constructed in accordance with the PMC.
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. Large
concentrated flows over the driveway and onto the street are not permitted.
3 If a fire hydrant is required, a water line easement for the water main and fire
hydrant shall be dedicated to the City of Poway, and shall be conveyed
through a separate document prior to building occupancy. The appropriate
reviewing fee shall be paid to the City.
4. The applicant shall repair any and all damages to private streets caused by
construction activity from this project, to the satisfaction of the City Engineer.
5. All proposed utilities within the project site shall be installed underground.
6. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
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. 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,
Resolution No. P-09-31
Page 16
consistent with slope planting and the approved fire management zones and
the City of Poway Guide to Landscape Requirements.
8. No fencing or gates shall be installed in the 30-foot access easement along
the north property line.
(Public Works)
9 The property shall be annexed into Lighting District Zone A, to the
satisfaction of the Director of Public Works.
G, The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. Roof covering shall be fire retardant as per California Building Code Section
1505, and City of Poway Ordinance No. 64 and its amended Ordinance
No. 526.
2. Approved numbers or addresses measuring 4 to 6 inches in height shall be
placed on the building in such a position as to be plainly visible and legible
from the street fronting the property. Said numbers shall contrast with their
background. Address shall be required at private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained with
a spark arrester.
4. Every building hereafter constructed shall be accessible to Fire Department
apparatus by way of access roadways with all-weather driving surface of not
less than 16 feet of unobstructed width, with an adequate roadway turning
radius capable of supporting the imposed loads offire apparatus, and having
a minimum of 13 feet, 6 inches of vertical clearance. The road surface type
shall be approved by the City Engineering Inspector and the Fire Chief,
pursuant to the PMC.
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).
Resolution No. P-09-31
Page 17
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 pressure
pump is required for fire sprinkler operation, auxiliary power is required.
9. This dwelling is being built beyond the maximum of 500 feet to the nearest
fire hydrant. The dwelling is within the City's Water Service Area; therefore,
an onsite fire hydrant will be required. Adequate road width shall be provided
within the immediate area of the hydrant location to allow for the passing of
two fire apparatus, generally measuring 24 feet in width,
10. The applicant shall comply with the City of Poway Guide to Landscape
Requirements as it relates to Fire Fuel Management Zones. The applicant
shall submit, and receive approval of landscape and irrigation plans prepared
pursuant to the City of Poway Guide to Landscape Requirements prior to
Grading Permit issuance.
11. Show permanently wired smoke detectors, with battery backup, in each
sleeping room, and at a point centrally located in the corridor/hallway area
leading to each separated sleeping area. The smoke detectors shall be hard
wired, with a battery backup, and shall be wired in such a manner that if one
detector activates, all detectors activate.
12. Doors leading from attached garages into the structure shall meet the
requirements for a 20-minute fire door assembly.
13. Propane tanks or containers up to 500 gallons shall maintain a minimum
10-foot clearance from structures, combustibles and property lines. Tanks
greater than 500 gallons shall maintain a 25-foot clearance. Tanks shall be
secured in an approved manner as per the California Fire Code.
Wildland Urban Interface Requirements:
14. Structure Setback (measured from the top of slope to the farthest projection
from the roof):
a. A 15-foot horizontal setback distance is required for single-story
structures (single-story structure shall be less than 12 feet above
grade)
b. A 30-foot horizontal setback is required for two-story structures. The
required structuresetback 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-09-31
Page 18
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 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/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. All eave and soffit construction shall be ignition resistant and in compliance
with the PMC Chapter 15.05, Wildland Urban Interface Code. Provide details
and notes on plans for eave and soffit construction.
20. Eave and soffit ventilation shall be constructed in such a manner as to
provide for flame and ember penetration resistance. Alternate designs and
methods will be considered on a case-by-case basis. Provide details
showing size and location of attic ventilation and subfloor ventilation on
plans.
21. Roof and attic vents are prohibited to be in locations where embers are most
likely to accumulate. Provide details showing size and location of attic
ventilation on plans.
22. Gutters and downspouts shall be constructed of non-combustible materials.
Gutters shall be designed to reduce the accumulation of leaf litter and debris
that contributes to roof edge ignition.
23. The first 10 feet of material for fences and other attachments to structures
shall be constructed of non-combustible material or pressure-treated,
exterior, fire-retardant wood. Gates are permitted provided that a 5-foot
Resolution No. P-09-31
Page 19
minimum length section of non-combustible fencing material is installed as a
firebreak immediately adjacent to the gate.
24. Unenclosed, under-floor areas shall be enclosed to the ground or all exposed
structural columns, beams, and supporting walls are to be protected as
required for one-hour, fire-resistance-rated construction or heavy-timber
construction per the California Building Code.
25. All awnings attached to any structure shall meet the 15-foot, structure-
setback requirement and be identified as fire rated. Additionally, the awning
shall be contained in a metal, self-closing or box-protected cover.
26. Detached auxiliary structures (playground equipment, free-standing decks,
gazebos, sheds, palapas, and trellis) less than 250 square feet and 30 feet
from the nearest structures and property lines are not required to meet the
fire-resistive requirements.
27. All thatched roofing materials shall be a minimum 30 feet from any structure
and shall have an applied fire retardant chemical. Proof of application and
the UL rating of the fire retardant chemical shall be provided to the Fire
Department upon request.
28. Solar panels shall be located no closer than 20 feet from a combustible
structure and shall have a metal frame. All solar panels placed on a roof top
shall comply with a Class "A" roof assembly.
29. Surface - Fire apparatus access roads shall be designed and maintained to
support the imposed loads of fire apparatus not less than 75,000 Ibs. unless
authorized by the Fire Department, and shall be provided with an approved
paved surface so as to provide all-weather driving capabilities. When
deemed necessary, in the opinion of the Fire Chief, a paved surface shall
mean asphalt or concrete surface.
30. Turning Radius - The turning radius of a fire apparatus access road shall be
a minimum of 28 feet, as measured to the inside edge of the improvement
width, or as approved by the Fire Chief.
31. Dead-Ends - All dead-end fire access roads in excess of 150 feet in length
shall be provided with approved provisions for the turning around of
emergency apparatus. A cul-de-sac shall be provided in residential areas
where the access roadway serves more than two structures. Minimum
unobstructed paved radius width for a cul-de-sac shall be 38 feet in
residential areas. The Fire Chief shall establish a policy identifying
acceptable turnarounds for various project types.
Resolution No. P-09-31
Page 20
32. Grade - The gradient for a fire apparatus access roadway shall not exceed
20.0%. Grades exceeding 15.0% (incline or decline) shall not be permitted
without mitigation. Mitigation shall consist of, at a minimum; the installation
of fire sprinkler systems and a surface of Portland cement concrete (PCC),
and with a deep broom finish perpendicular to the direction of travel or
equivalent, to enhance traction. The Fire Chief may require additional
mitigation measures when deemed appropriate. The angle of departure
and angle of approach of a fire access roadway shall not exceed 7 degrees
(12%), or as approved by the Fire Chief.
33. Access roadways shall provide for vegetative fuel management of 15 feet on
each side of the paved portion of the roadway.
Section 6: This Minor Development Review Application 06-05R shall expire on
September 1, 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.
Section 7: 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 September 1, 2009.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 1st day of September 2009.
~~
NeJVL
Don Higginson, May
ATTEST:
Resolution No. P-09-31
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
the penalty of perjury, that the foregoing Resolution No. P-09-31, was duly adopted by the
City Council at a meeting of said City Council held on the 1 st day of September 1, 2009,
and that it was so adopted by the following vote:
AYES: Higginson, Cunningham, Kruse, Rexford (via Teleconference)
NOES: None
ABSTAIN None
ABSENT: Boyack
~c
! da A Troyan, MMO, City Clerk
/City of Poway