Covenant Regarding Real Property 2009-0383047
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RECORDING REQUEST BY: p~ )
JUL 13, 2009 2:14 PM
CITY OF POWAY 2tff :
WHEN RECORDED MAIL TO: ICOn) OFFICII>L RECORDS
'3,6.1'1 DIEGO COUIH'{ RECORDER'S OFFICE
) [i.~VIO L, BUTLER. CClUflTY RECOROER
CITY CLERK ) FEES: 79,00
CITY OF POWAY ) PAGES: 24
POBOX 789 )
POWAY CA 92074-0789 ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
)
APN: 321-110-31
MCUP 08-01/MDRA 08-27
COVENANT REGARDING REAL PROPERTY
Oleg A. Agamirzoyan and Elena M. Chkhikvishvili, PROPERTY OWNERS ("OWNER"
hereinafter), are the owners of real property located on Mina de Oro Road and more fully described in
Attachment A ("PROPERTY" hereinafter)" In consideration of the approval of Minor Conditional Use
Permit (MCUP) 08-01, by the City of poway ("CITY" hereinafter), OWNER hereby agrees to abide by
the conditions in the attached Resolution (Attachment B),
This Covenant shall run with the land and be binding upon and inure to the benefit'of the future
owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties"
In th,e event that MCUP 08-01 expires or is rescinded by the City Council at the request of the
OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.
In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be
entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party.
OWNERS:
4/lfi/Dq
(notarize)
Dated:
07/ ()6/ 2- tUJ9'
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By:
Dated:
07/ ()6/l-t2-<J'I
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By:
(notarize)
Dated:
By:
ntServices Director
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CAUFORINDA,AL.l-PURIPOSIE ACKNOWLIEDGMENT'
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State,of'California
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personally appeared
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Name(s) ofSigner(s)
'oPTIONAL
Though the information'below is'nolrequiied:bylaw, it may prove valuable,to persons,relyirjg,on the document
and could prevent fraudulentremovaf'and reatiac~ment of this form to another document.
Description of'Attached Document,
Title or Type of Document:, U~'~~
Document Date: J ~ 0 _I ' ~
Signer(s) Other Than Na d Above: -J-J' fA-
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who provedto me on the basis of satisfaclory:evidenceto
be the person(s) whOSE) hame(s) is/are subscribed to the
within instrument 'and acknowledged- to 'me that
he/she/they executea,the same in his/her/their authorized
capacity(ies), and that by his/her/theirsignature(s),on,the
instrument the persoQ(s), or the entity 'upo,! be~?if of
which the person(s) acted; executed the instrument.
I certify under PENALTY OF PERJURY under:ihe laws,
of the State of California that the foregoing paragraph is
true and correct
WITNESS my hand and official seal.
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Attachment A
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Lega.l Description of Property
PARCEL '1:
,THE:WEST1045 FEET OF THAT 'PORTION OF LOTSLI\~D2 ANp THE SOUTHEAST QUA~TEROF
THE; NORTHEAST QUARTER,AN~THE,SOUTHWEST QUARTER ,OF: THE NORTHEAST QUARTER OF
SECn ON 4, TOWNSH I P 14 SOUTH, RANGE 1 WEST, SAN BERNARDi NO ME'RI 0 IAN. IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDIr.ji{TO tHE OFF'ICIAL PLAT
THEREOF, 'DESCR I BED AS FOLLOWS: '
COr.lMENCING AT THESO!l!I!EAS! ,CORNER OF SAID LOT 1; THENCE SOUTH 01' 11' 19" EAST
ALONG THE EASTERLY LA NE 'OF SA 10 SECTI ON 4, A DI,STANCE OFBO, 00 FEET TO THE
NORTHEASTCOR.NE~' OF Ui.~D _DESCR! BED IN DEED TOqLlIE W: BYERS AND ED ITH W.
BRADSHAW, RECORDED JUNE 14, 1,954, IN .BOOK 526~, PAGE,',170 OF OI;FICI,!lL RECORDS;
THENCE ,NORTH 88' 23'30"'WEST ALONG THE NORTHERLY LINE OF SAID., LAND 473,]4 FEET
TO THE TRUE POINT OF BEGINNING, BEING A POINT ON THECENTE~UNE OF THE POWAY OR
MT, WOODSON ROAD -COUNTY ROAD 0-9"1" AS SAID ROAD EXISTED-AND WAS,LOCATED ON
APRIL 10, 1'945, BEING ALSO THE NORTH CORNER OF ,LAND' DESCRIBED I~ DEED TO LILLIE
W. BYERS ANDEDrrH vi: BRADSHAW~ RECORDED JUNE 14,1954, IN BOOK 5269, PAGE 172
OF OFFICIAi..RECOR6s-;~'THENCECONTINUING NORTH 8B~ 23' 30' WEST ALONG THE NORTHERLY
LINE OF SAID LAND 2138,3,1 FEET; THENCE LEAVING sAlb, NORTHERLY LINE; NoliTlioo' 54,'
57" WEST, 450.14/,EET;,THENCE SOUTHB8' 23' 30' EAST, 1650.09 FEET; Tlf~NCESOuiH
01' 03' 11" EAST" 75,.OB FEET TO.A POINT HEREIN DESIGNATED' AS POINT "A"; THENCE
SOUTH 8B" ,23' 30" EA~t, :,!;~!l' 46 FEET TO THE CENl:~R 1,,1 NE.,DI; THE AFOREMENTI ONED
COUNTY ROAD ,0-9"1, BEING ALSO A POINT IN THE WESTERLy UNE OF LAND CONVEYED TO
RALPH C" WALKER, BY'DEED, DATED APRIL 10,1945 AND RECORDED IN BOOi< 1869. ,pAGE 135
OF OFFI C IALRECORDS: THENCE ALONG SAID WESTERLY LiNE AND ALONG THE C~'N.iE.1! L,! NE
OF SA I 0 COUNTY ROAD" SOUTH: 01,' 50' 30" WEST, 20B. 29 FEET TO THE BEG I NN,I NG OF A
TANGENT 200'-.00 FOOT RADIUS CURVE THEREIN, CONCAVE WESTERLY; THENCE SOUTHERLY
ALONG SAID 'CURVCrHROIJGH'A CENTRAL ANGLE OF 44' 24' 00" ,A DISTANCE OF 154,98
FEET; THENCE TANGENY tbSAIDCURVE, SOUTH 46' 14' 30" WEST, 37,67 FEET TO THE
TRUE POI NT OF BEGI NN lNG, . '
EXCEPT THEREFROM THE ~STERLY 485.00 FEET.
PARCEL 2:
AN EASEMENT AND RIGHT,Of WAY FOR ROAD AND PUBLIC, UT.ILlTY PURPOSES 'OVER, UNDER.
ALONG AND A<;ROSS A 'STR.lP QF LAND ,60,00 FEET IN WlJlJ.H LYING WITHIN LOT 1 AND THE
SOUTHEASTQUART~R OF, T!l,E; ~ORTHEAST QUARTER OF SECn()N4. TOWNSHIP 1.4 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE. COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO, THE OFFICIAL PLAT THEREOF', TIlE SOUTHERLY LINE OF SAID
60.00 FOOT,STRIP OESC~IBED AS FOLLOWS: ' ,
COMMENCING AT THE 'SOUTHEAST CORNER OF SAID LOT 1; !HEHCE'SOUTH 01' 11' 19" EAST
ALONG THE EASTERLY LINE OF SAID'SECTlON 4, A DISTANCEDI' 80.00 FEET- TO THE
NciRI~EASi G!lRN~g()F.LAND DESCRIBEO IN DEED TO LILLIE w, BYERS Aim EDITH'W.
BRADSHAW" RECORDED JUNE 14, 1954, I N BOOK 5269;- PAGE 170 OF OFF I C I AL :RECORDS;
THENCE NORTH'sil" #,~O WEST ALO~G TH,ENORTI:I~RLY UN_EOF SAIl) LAN.o 473,7.1 ,FEET TO
THE TRUE' pOINT OF :BEGINNING, BEING, A POINT ON, THE CENTER LINE OF THE POWAY OR
MLWOODSON ROAD "COUNTY ROAD D~9+ AS SAID 'RoAD E)(IST.ED !INDY/As ~()CAtE:D .oN
APRIL 10, 1945"BEING ALSO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED TO
... ,. , " '-',. -. - . ---,,-, .. , '.' .
L1'L:I,I,E W. _.BYERS AND EDITH W" BRADSHAW, RECORDED ,JUNE 14, 1954, IN BOOK '5269,
pAGE'172 OF OFFICIAL RECORDS; THENCE CONTINUING NORTH 88' 23' 30"WEST ALONG THE
NORTHERi.. Y LI NE ,OF 'SA I 0 LAND TO AN I NTERSECT I ON WitH THE EASTERLY LI NE OF PARCEL
, ABOVE. . '
THE NORTHERLY SI~LINE OF SAID 60.00 FOOT STRIP 'to TERMINATE IN THE EASTERLY
LINE OF PARCEL lABOVE, AND THE CENTER LINE OF SAID COUNTY ROAD 0-9-1,
THE ,EASEMENT HEREIN DESCRIBED IS HEREBY DECLARED TO 'BE ApPURTENANT TO AND FOR
THE USE AND BENEFIT OF' THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PORTION' OF
PARCEL 1 ABOVE,
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Attachmen'tB
RE$OlUTION NO P"08c32
ARESOLUTIONOFTHE CITYC6UNCIL
OF TRE GITY OF POWAY, CALIFORNIA
APPROYINGtVllNOR CONDITIONAL USE PERMIT 08-01
AND MINOR DEVELOPMENT REVIEYVAPPLlCA TION'08-27
ASSESSQ.R'S PARCEL NUMBER 321-110-31
WHEREAS, Minor Conditional Use Permit (MCUP) 08-01 and Minor Development
Review Application (MDRA) 08c27 were submitted by ()Ieg Agamirzoyan, Applicant, for
approval to install tennis court ligl;Jts and construct a 4;~98~square~foot,two-story, single-
family residence, with an attached 744-square-foot garage, a 625"square-foot detached
pool/guest house, and a tennis Court on a vacant 5 79,-acre parcel located on Mina De
Oro Road, accessed off of Highway67, in the Rural Residential A zone, and
WHEREAS, on DecelJ1ber 2, 2008, the CityCoun~iihelda duly a9vertised public
hearing to solicit commer"lU:Y'fron-i the public, both pro ahd con, relative to this application.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Poway,
as follows
Section 1 The City CounCil finds that MCUP 08-01 andMDRA08-27 are Categorically
Exempt from the provisions 'of the California Environmental Quality Act (CEQA):as a
Class 3 Categorical Exemption, pursuant to Section 15303 of the CEQA Guiaelin~s, in
that they proposet~e construction of a single-family residence and anaccessor:y
structure The proposed, habitat' impacts and associated mitigation measures for 'the
subject MDRA are adequately addressed and consistent with the City of Poway's
Subarea Habitat Conservation Plan (PSHCP), companion Implementing Agreement and
associated Mitigated Negative Declaration '
Section 2: The findings, in,accordance with Chapter 17-48 07,0 of the Poway Municipal
Code (PMC), to approve' MGLlP 08~01 to permit the installation of lights at a tennis court
approved through MDRA 08-2'7, ona vacant 5, 79cacre ,parcel located on Mina De Oro
Road; accessed off of Highway 67, within the RR-A tone, 'are made as follows
A. The'design_ of the proposed tennis court lightingwiB 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
.c;.onsislered to be an allowable accessory use in the zone, with the approval 6f a
Minor Conditional UsePermit. Therefore, the proposed location, :size, design, and
operating: characteristics, of the proposed use are in accordance with the title and
purpos~ of pMC 1748,070, the purpose of the zpnein 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
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negative ,visual impact on surrounding properties as the tennis court is situated
within the rear yard and will be screened by the residence Landscaping installed
around the perimeter of the tennis court will also reduce the visibility of the lights
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Resolution No P-08-32
Page 2
from surrounding proper;ties The court lights will notirnpact the residences on
adjaceotparceJs as the tennis court and lights are located at a low,er elevation.
th.:m adjacent hO,mes. Therefore, the location, size, design, and operating
characteristics of the proposed use will be compatible with and will not adversely
affect or be materially detrimental to adjacent uses, residents, buildings,
structures, or natural resources
C The light standards for the tennis ,court are limited to a maximum of six and a
maximum height of 18 feet Therefore, the harmony in scale, bulk, coverage, and
density of the project is consistent with adjacent uses
D There are publidacilities, services, and utilities available
E_ The proposed Iig~1iOg will be directed within the, project. boundaries and will be
softened by landscaping to reduce visibility of the lights from the surrounding
properties. The Iightihg will further be shielded by screening on the tennis court
fencing, Therefore, there will be no harmful effects upon desirable neighborhood
characteristics
F The project site is'a level 5 79-acre property adjilcent to similar-sized properties,
only one of which is currently developed The tennis court is being constructed
in the rear yard, at an 'elevation of 1592 feet. The"adjacent existing single-family
home that may be able to see the lighted court is located approximately 188 feet
away from the tennis court and 28 feet higher in elevation. Other existing
homes in the area are located at least 900 feet from the proposed tennis court
at or higher in elevation than the proposed tennis court. Landscaping will be
required to screen the 'court and lights, and the'!separation between the court and
surrounding residences will reduce the potentiaL to view the lights., Therefore,
the site is suitClble ,for the type and intensity of use or development that is
proposed,
G The project is limited in scope, therefore, !her~ will be no significant harmful
effects upon environmental quality and natural resources.
H The proposed 'u-se ,is,an allowable accessory use in theRR"A zone Therefore, the
impacts,as'described above, the proposed location, size, design, and operating
characteris)ic;s of the proposed use, and the conditions under which it would be
operated 0'( 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
The proposed conditional use will comply with each of the applicable provisions of
PMC 1748070
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Resolution No 1"-08,32
Page 3
Section 3 PLJrsuantto the Poway Subarea Habifat' Conservation Plan (PSHCP), a
biologicCllsuiVey was prepared for the property on May 12, 2.0.08, and revised,()n
September 1.0, 2008; by He Biological Consulting, Inc, The biological repqrf did not
identify any rare; threatened or endangered plant or wildlife species Th-eCcififornia
gnatcatcher would have had a Oigh potential to occur on~sitebeforefhe Cedar Fire of
2Q.o3 'impacted the site and .surrounding area The biologjst preparing the report did not
obserV,8 'any gnatcatchers on the site and the potential for the species to have
r~colonizedat this time is low The property contains 16 acres of CoasJal Sage Scrub
(CSS), 379 acres of Southern Mixed Chaparral (SMC), an.d .04.0 acres 9~ distur,b,ed area,
for a total of 5,/j,9, acres. Project grading and Fire Fuel Mani:lgElment Zdneswill impact
approximately, 1 95 acr,esoftIabitat onsite, of this, 1. 35 acres 'is' Cs's and 0 6 acres is
SMC Included ,in theon,site habitat impact calculation is ,approximately .0 t acre, of the
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impact to SMC to provide fire management zot;les along the driveway serving the
neighboring property to the ,west, Required offsite road improvements to to,e ea~t'and
associated Fire Fuel Management Zone will impact appr\?xii11ately U 84' acres of CSS
habitat located off-site1;he to.lal impacted area as a result of development. pursuant to
MDRA 08-27 is 2,79atres dfhabitat.
A, The proposed project site is inside the Mitigation Area, the Biological C.ore and
Linkage Area (BC:LA), and the Planned Resource Preservation Area (PRPA) 13a
of the PShiCP The,proposed onsite 1 95 acre ()Qsite habitat impact consistent
with the two-,acre lirnitallowed for properties iocatedwithin, the Mitigation .Area.
The 0 84 acre offsite habitat irnpact does notcouni against the two-acrelimii since
it is for the purpose of road improvements b,ut wiHstill require mitigiOltioO, The
proposed mitigation is consistent with and furthers Iheimplementiilg 'Objectives of
the PSHCPin that tbe. applicant will mltigateimpa<::tsto 2.19 acres of'CSS''habitat
ata 2:1 ratio (4 38 Clcres mitigation) ,and 06 acres of SMC at a 2,1 raiio (1.2
acres) The mitigation 'for .0,25 acres of CSS and 1.:2' acres of SMC will be ot;lsite
consisting of a Biological Conservation Easernerii(BCE) There is a, balance of
4 13 acresofCSS 'habitat that must be mitigated, Tnismitigation willr,equire the
purchase of similar ,quality habitat within PRPA13a If iJ is infej'lsiblE'l for the
applicant to purchase."land within PRPA 13a or witiiin an identified mitigation Cjrea
of the PSHCP with similar quality habitat,thenan, ,11]-~ielJ Fee, to be u~edbV the
Cityf()r the..future purchase of habitat will be paid. the remai-iiing onsite 2:59cacre '
SMC>will 'be placed in an Open Space Easement (OS'E)
This property is ill a .BCLA area, which has a pres'ehtation goalo! 8.0% of habitat
onsite 'The prof;losed development will remove 1 95 aCres of habitat which is less
than the allowed 2-acre habitat impact. The, remaining 3 44 acres habitat or 64
percent oCall on-site habitat will be preserved Although less than 80 percent of
on,site habitat will be preserved, another nearby parcel, also Ibcated Within PRPA
13<1, c,olltairis biological conservation easem-ents that exceed the8D percent
preservation goals. Per the PSHCP, PRPA 13a is identified' ,as being of high
priority'for acquisition because the habitat has the potential to become,fragmented
as a, result of the construction of homes in the area. The proposed development
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Resolution' No P-08-32
Page4
'hal';' been COl1c$ntrated along the southeast corner of the, property, near the
access road, thereby minimizing grading and habitat ,imp~ct, andl~aving the
prciposed BOE or 0SE ina larger, non-fragmented area that is consistent With the
goal of PRPA 13a, Therefore, the, proposed development meets the 'intent of the
80% preservation goal ()f the BCLA and PSHCP
B Preservation of such habitat within the Mitigation Area and/or payment of In-Lieu
Fees ,Will contribute toward the building of the ultimate total Mitigation Area
pr~servesystem of the HCP Therefore,sLi.ch' habitatpreservati6n and/or
payment of In-Lieu Fees .will serve to enhance the long'termviability and function
of the preserve system,
C The habitat preserved through onsite and offsite: dedication, or purchased by
Habital Mftigaiion In-Lieu Fees will be to the long-term benefit of the HCP COVered
species and their habitats in ,that the recordation Qf a BiologicalOcinserliation
Easement over undisturbed and unencumbered habitat (See ';A" above) will
promotearnean)ng"ful ClcJdition to the assembly ofa viable regional system of
uninterru"pted natural habitat resources, habitat linkages, buffers, and wildlife
corridor
D The preserved habitafwill foster the incremental implementation of the HCPih an
effective and efficient manner in that the preservation of offsiteconservalion
area(s) will be withih an identified Mitigation Area, within the City, and/or the
.. ' '_ ' , ',I.'
payment cifln-Lieu, Fees will likewise contribule towards assembiing the total
Mitigation Area preserve system
E. The preserved habitat will not result in a negative fis~al impact with regard to the
successful impleme[1tation of the HCP astiie subJect mitigation lands will be
dedicated to the CilYof Poway in fee title ,and/or placed within permanent
Biological Conservaticin Easements or In-Lieu Fees'will be, paid.
Section 4 The findings, in accordance with Chapfer 17 52 of the Poway Municipal
Code, to apPJove MDRA08"27, are as follows
A That the'singlecf"!,rnily residence has be'en sited to minimize landform alteration,
and ccinfornitoCity 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 appr,oved project willl"lot have an adverse affect on the aesthetics, health,
~ClfeJY, or architecturally related impact uponadjoihing properties, as the single-
family'residence, is, consistent with surrounding .residences, Therefore, the
proposed design, size, ,and scale of the proposed project is compatible with and
will not adversely affect, or be materially detrim.ental to; adjacent uses, residents,
buildings, structures, or'natural resources, and
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Resolution No P.08.32
Page 5
C That the granting ,of the MORA would no! be materially detrim~ntal to the public
health, safety, or welfare since the proposed use will complete. improvements
necessary for the new residence, and
o That the project has been designed to minimize impacts on the surrounding
community through ,the use of earth. toned wall and roof materials. Therefore, the
proposed development respects the public conce'rns for the aesthetics of
development; and
E, That the proposed use will not be detrimental t() the public health, ,safety or
,welfare, or materially 'injurious to properties or improilements in the, vicinity, ,nor be
contrary to the adoptee General Plan because it will meet all development
requirements, and
F That the proposed development will comply with each of the applicable provisions
of the Zoning Ordinance and the General Plan,
Section 5 The findings, pursuant to Government Code Section 66020 for the public
improvements which ,are'l!eededas a result of the proposed development to protect the
public health, safety, and welfare, are made as follows
The design and improvemellts of the proposed development are consistent with all
elements ofthe poway General' Plan, as well as, City OrdinanCes, becauseali necessary,
facilities will be available td serve this project. The construction of public improvements is
needed as a result of the proposed development to. protect the 'public health; safety, and
welfare as identified below'
A. In accordance with the Poway General Plan, the project requires the ,payment o.f
drainage, park, affordable housing, and traffic fees, which are assessed On a pro'
rata basis to finance public infrastructure improvements; which promote a safe arid
healthy environment for the residents of the City
Section 6 The City Council hereby approves MORA 08-27 and, MCUP ,08-01", to,
construct a 4,998- square.foot, two.story, single-family residence, with ariattikhed 744"'
square.foot garage, a 625-square-foot detached pool/guest house, and ,a lighted ,tennis
court, pursuanl"to.the plans on file with the Planning Division dated September 22; 2008,
subject to' the following conditions
A. Approval of this, MORA and MCUP request shall apply to the subject project and
shall not waive compliance with all sections oftheJ,()ning Ordinance and all other
applicable City Orcjinances in effect at the time of BUilding Permit issuance
B Within 30 days ofthe date of this approval
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Resolution No P-08-32
Page 6
r lihe applic1mt shall 'submit in writing .that all Conditions of Appro\ial have
been read and understood
2. The property owners shall execute a CovenantRegarding Real Property
C The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and' enjoyment of surrounding
residential uses
D The conditions of Mtl:JP08-01 and MORA 08-27 shall remain in effect for the life
of the subject residence, tennis court and tennis court lig~ti[lg, and shall run with
the land and be binding upon future owners, successors, heirs, and transferees of
the current'propertyowner
D Prior to issuance bra Grading Permit, the applicant shall comply with the following
(Engineering)
1 A grading and drainage plan for the development of the lot, prepared on a
City of Poway ,standard mylar sheet at a scale of 1" = 20', shall be
submitted, along with a Grading Permii application and the applicable fees,
to the Development Services Department, Engineering Division for review
and approval. As'a minimum, the plan shall shbw 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 fivec
focitsetback from property lines: The building slJal! be 10Ca!ed at
least five feet from tops and toes of slOpes, unless waived tiy the
Planning Division and/or Engineering Division prior to issuimce,ofthe
Grading Permit.
b A separate erosion prevention and sediment control plan for
construction,
c,Allutilities (proposed and existing), together with their appurtenances
and associated easements, Enc'roachments are not permitted upon
any easement. All easements must be' plotted and 'labeled as per
ihe latest project title report. The applicant shall ensure no
improvements are proposed within the easements
d All new utility facilities shall be approved by the City prior to their
installation.
e Low 'Impact Development (LID) measures and strategies that will
emphasize conservation and the use of onsite natural features
combined with engineered hydrologic controls to more closely reflect
pre-development hydrologic functions This includes maximizing
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Resolution No P-08-32
Page 7
infiltratiOn, p'roviding retention, slowing runoff; minimizing irTlpervious
footprint, directing runoff from impervious a~eas into landscaping,
and constructing impervibus surfaces to, minimum possible widths.
Notes must' be added to plans indicating the implementation of the
LID
f Method ofroof drainage for the proposed buildings,
g, Enhanced Treatment Control Best Marjagement, Practices to treat
runoff'from the development prior'to'its passage to the existing storm
dr<jin sYstem,
h. Site design and source control Best Management Practices.
2, A drainage study using the 1DO-year storrn frequency criteria shall be
submitted with the grading plan. The drainage system shall:
a. Hahdleahd dispose all surface water within the project' site and all
surface water flowing onto the project ,site from adjacent lands Large
concentrated flows across d"riveway and into the street will not be
perm'itted
b Cause post-development flow volumes from the project site to be
equal or less 'than pre-developmentflow volumes The proposed LID
measures shall satisfy this requirement.
c. Include all easements required to 'properly handle the drainage
3 A soils/geological report shall be prepared by an engineer licensed. by the
State of California to perform such work, and shall be submitted with the
grading plan
4 The project owner shall file with the State Regional Water Quality Control
Board a Notice of Intent (NOI) for coverag~ under the 'statewide Ge'n'erai
Permit, wtJi<:h~overs ;;torrn water discharges, Proof o(filingof the NGI and
anassigried Waste Discharge Identification Number shall, be ,submitted to
the Development Services Department, Engineering Division prior to
issuance o(theGrading Permi!. Applications for the Notice of Intent may'
be obtained by contacting:
California Regional Water Quality Control Board
Sa[1 Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858)467-2952
.
.
Resolution No. P-08-32
Page 8
5 The applicant's engineer'!shallpreparea Storm Water' Pollution Prevention
Plan (SVVPPP) that effectively addresses the elimination of non-storm runoff
into the storm drain system The SWPPP shall include, but not be limited
to, an efj'ective.r1ieth'od 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 c6[istruction 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
Manageme:ntPractites (BMPs) to effectively eliminate pollutants from
entering the storm drain system, including;a weather'triggered (lction plan.
The engineer shall' certify the SWPPP prior to issuance of the Grading
Permi!.
6 The applicant shall pay all applicable engineering plan checking, permit,
and inspection fees
7 Grading securities in the form of a performance, b.qnd and a cash deposit, or
a letter of credit shall be posted with the City prior 'to grading plan approval.
A minimum $2',000 cash security deposit is required,
8 The applicant shall attend a pre~construction meeting, at which time he
shall present an action, plan that identifies measures to be iinplemented
during construction, to address erosion; sediment, and pollutant control.
Compliance for ?epiment control shall be provided using the following
guidelines, as directed by the project inspector
a. Provision of an onsile de-silting basin with a volume based on 3,600
cubic, feet per tributary acre drained
b Covering of all flat areas with approved mulch
c, Installation of an earthen or gravel bag berm that retains three"ibches
of water over all disturbed areas prior to discharge, effectively
creating a de~silting basin from the pad.
9 Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading, As a minimum, all
protected areas as shown on the project plans are to be staked by a
licensed 'surveyor and delineated with lathe and ribbon. A written
certification from the engineer of work, or a licensed surveyor shall be
provided to the Engineering Inspector stating that all protected areas are
:stakedin accordance with the approved project plans.
.~.
.'
Resalutian No., P-08-32
Page 9
10 Due to. .cgnstruction af a new driveway resulting ihaver5;000 ,square feet
o.fiil1lp.!=lrVjOus surfacing, this project shall. camply with Chapter 16 100 PMC,
~ti3ni:J~rd :Orban Starm Water Mitigatian Plan (~l:JSMP) regulatians.
Specifically,the.iapplicant shall submit a Starin Water- Mitigatian PlanNVater
Gluality 1.echnical REJpo.rt that identifiesprimaryandseco.ndaty pallutants
resultiqg fram the develapment that might impair the receiving waters,
"stablishes ~*~ design Best Management: Practices '(reducing ru naff) ,
establishes source cantral Best Management Practices (preventing!
minimizing starlll,water cantact with pallutants,includiQg starmdr"in system'
stencilingand'signage" and designati9[l pf trasQstorageareas), selects
treatment cantrol measures to. address pallutants (removing pallutantsfrom
cantamin!:lted w~te[), and requires anntj,fl ihspectianand maintenance af
all starm water.facilities after theircanstwcticin. A standard 'City af Po.way
," -'.-'. - -' --'--"
SUSMP checkiist shall accampany the Water Quality TectinicaLRe~fort
(Planning)
11 The applicant shall mitigate impacts to. 2.19 'acres af CSS h,ajJi!?t at a 2'1
ratio. (4 38 aCres mitigatian) and 0 6 acres af-SMC at a 2.1 ratio. (1.2 acres)
as fallaws
a. A Bialagical Canservatian Easement (BCE) over 0.25 acres aJ CSS
and 1,2acresaf SMC remaining on'theproperty ,
The appiicanfs Engineer shall provide' a plat map, and lE)gaJ
description sho.wing the new BCEarea. The platri1ap~ubmitted
.shall be an ariginal, and sha,lI. besta,mped and sighed by the
'E[lgineer SElparate plan check, fees' will be required ~fo.rreview af
thiseClSei]1ent After the BCE is, reviewed' and approved.by the City
Attorney: 'it will be farwarded to. the property .owner far signatUre and
natarizafiat:l The original BCEdpculllent shall be returned .ta the
City and then be recorded with the GaUnty af San Diego.
fljote, JD campliance with the PSHCP; the City shall pracess, a
General Plan Amendment and Zone Change ta;change'the land ,use
'and zoning designatian af the are,a af the BCE 'toOpen Space-
Resource Management (OS,RM) zohe to.er:lsure its permanent
preservation.
b Mitigatio.nfo.r 4 38 acres ofCSScarisistingofthe. purchase af similar
quality habitat within PRPA 13a ar within ,an identified'mitigatian area
o.fthe PSHCP to. the satisfactian afthe Directar af Development
S,ervices If this is infeasible for the ClPpliCi.lIJ!. then an Iri,Lieu Fee to.
be use~by the City far the future purchase afhabitat will tie paid
Presently, the, In-Lieu Fee is $10,000 per acre, The amaunt is
subject to. change withaut further no.tice, and shall be the fee in effect
at the time af payment
'.
.
Resolution.No P-08-32
Rage 10
c, The>remainingonsite 259 SMC will beplacea in an Open Space
Easement (OSE)
12c, In, accordance with Condition H of the PSHCPlncidental Take Permit, a
take of active Galifornia Gt;1atcatcher nests,which includes harassment of
the bird, di:Je to gradil)gnoise and vibrations from February 15 through July
i ,is notperl]littecL Therefore, grading during this time frame will only be
permitted sUtJject, to the following conditions having been met to the
s"atisfactioriof ti-ie Director of Development ,Services.
Theapplica.nt; i$ hereby advised that,during,"grading, if active nests are
found within 500 feet of the grading, the grading activity soall be .stoppe<!
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 g~ading will be allowed to resume.
a 'fgradirig or clearing is to occur between February 15 and July 1, the
applicant shall provide to the Planning Division a letter from ill
qualified biologist retained by the applicant, with <I, scope of' work
Gnatc,atcher Survey; and a report for the area to be cleared: and/or
grade,d ?ndhabitat areas within 50CHeet of such, area, The,biologist
shal! ,contact theUSFWS to determine the appropriate survey
methodology The purpose of the, survey is to determine ifany ac;tive
Gnatcatcher t;1ests are located in the area to be cleared or graded, or
in habitat within 500 feet of susharea, Tq be consjd~red qUci!ified,
the biolggist'l1}ust provide the City with a copy of a valid Gnatcatcher
Recoveiy""Permitfrom the USFWS
b T,hescope ,of work shall explain the surveym,ethodolggy for the
biological ,survey and the prop.osed GnatcatCher nest ,monitoring
actilliliesduringthe clearing/grading operation
c. Should the report sho\f{,t()tl)e satisfaction of the Director of
Deyeloprheht,Services, that Griatcatcher nests are notpresent,within
the ,area to be graded/cleared, or within habitat' located within 500
feet 'of ,said area, approval may be granted'.to commence
clearing/grading within the Gnatcatcher nesting season from
February 15 through July 1
d Ifi Gnatcatchers are present within the area to be graded/Cleared, or
within liabitat located within 500 feet\ot said area, no grading will be
aliowed during this time
.
.
Resolution No P-08-32
Page 11
e The biologist must be present onsite during all cl(;laring/gra.ding
activities to monitor that the clearipglgrading activities ~tay witQiii the
designated limits During this 'period, the biologist shall also monitor
ana survey the habitat" on ,a daily basis, within. the area to be
cleared/graded arid 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 s,ubmittecd to the Planrijng Division.
Shoulcf.evidence of a Gnatcatcher nest(s) bediscovered.the'grading
operation shall cease in that area and be' directed away from the
Gnatcatcher nest(s) to a location'greater'tl1an 50b 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 dearing/grading plan.
f Upon completion' of the clearing/grading activities, the applicant',s
biologis'tshall ,submit to the Diredor'o{ Development Services a
biological monitoring report summarizing the daily observations of
the bLCllogist, including whether any Gnatcatchers or evi.dence, of
actiye GflalCatcher nests were presen~during glearing and grading
activities within the area and any habitat within 500 feet of'said area.
13 The biologislmust:attend the City's pre-construction meeting forthe,project
and shall provide the City with written confirmation that the limits of
clearing/graaing are irJ accordance with the prcij~ct's Biological Resource
AssessmerJt
14 The grading plans shall reflect the new address,and street name for the site
as approved by the Safety Services Department.
15 A landscape/irrigation plan, in accordance with the applicable requirements
of the, City of "Po way Guide to Landscape Requirements, shall be.submitted
and approved by the Director of Development Services. Said plan shall
show the folloWing
a, Irrigation, and sizes and species fOF
I. Landscaping all manufactured, and disturbed slopes greater
than a 5 1 slope whether on or 6ffsite, Trees shalllJe planted
at the rate of one tree per 7,50 square ;feet of slope, area and
shrubs shall be planted at the rate of one shrub per 100
square feet of slope area, Groundcover shall be hydroseeded
or hand planted cuttings appropriately spaced to eventually
control soil erosion
..
.
Resolution No P-OBc32
Page :12
1/, The Fire Fuel Management Zones forthe' house
1/1. The Fire Fuel Management Zones for the road
IV Tennis court landscaping consisting of 15~gallon evergreen
trees and5-gallon evergreen sh'rubs installed adjacent to the
fence to reduce vlsibilhyfrom surrounding properties.
b If construction of the residence do~s hot commence within 90 days
of cQmpletionof grading, all manufactured slopes steeper than 5 1
shall b~.hy'droseeded and irrigated to the satisfaction of the Director
of Development Services
E. Prior to issuanceofothe Building Permit
1 The site shall be, deveLoped in accordance with the approved site pJ~ms and
conditions of approval on file in the Development Services Department and
the conditions contained herein, Grading shall be in accordance with the
City Grading0rdinance, the approved grading plan, Iheapproved soils
report, and grading practices acceptable to the City
2, Erosion 'control, including, but not limited 10, de-silting basin(s), shall be
installed and maintained by the developer 'throughout the duration of the
project.
3 Rough gra,ding is to be completed and shall meet the approval of the City
Engineeringlnspedor It shall include submittal of the following'
a. A certification of line and grade for the. lot, prepared by the ,engineer
of work,
b A fihal soil compaction report for review'and approval by the City
4 prior to start ofagy work within Citycheld easements or rights,ofcway, a
Right-ofcWay Permit shall be obtained from the Engineering Division of the
Developmeni Services Department. All appropriate fees shall be paid prior
to 'permit issu'ance
5 Paymerirof developmenUees shall be made to the City The fees and the
,corresponding amounts are as follows and are subject to change without
further notice.
Traffic mitigation fee
Drainage fee
Park fee
= $ 2,000 00
= $ 950 00
= $ 2,72000
.
.
Resolution No P-08-32
Page 13
(Planning)
6 School impact fees shall be paid at the rate establisheaat the time of
Building Permitissuance Please contact the Poway Unified SchOol District
'for additional information al:(858) 679-2570
7 Subrnit a request for approval of a street name to' be assigned to the street
that provides access ,to the property from Mina De Oro The procedure and
submittal requirements for naming the st(eet can be obtained at the
Planning Division counter
8 The maxirilum height of any fence or wall shall not exceed six feet, except
for the tennis court fencing Any walls proposed shall be reflec,t~d on the
grading plans,and shall be of decorativeblo,ck or stucco finish consistent
with the exterior,of the proposed residence
9 The tennis court shall comply with the followiJJg, per Chapter 17 30' PMC
A maximumten-foot-high fence (measured from the finished, grade of the
court) shaH be a'lIowed Fencing and support posts shall be painted"a dark
non-reflective ,color so as to reduce their 'oyerall visibility Vinylccoaled
chain link fencing with fence posts paibted to match is acceptable
Landscaping, c<;jnsistirg of 15cgallon evergreen trees and ,5~gallon
evergreen shrubs; shaJi be installed adjacenf to, the'feJJceio reduce visibility
from surrounding properties to the satisfactioJJ of the Director of
Development Services
10 Any retaining Walls shall consist of decorative block or stucco construction,
and may be subject to a separate Building Permit.
11 An Affordable Housing In-Lieu Fee, in the an;lOunt of$4,5PO GO shall be
paid prior to Building Permit issuance 1;he arnount is 'sLJbjectto change
without further notice, and shall be the fee in effect at the tirneof payment.
12. All living quarters shall be equipped with 10w,Jlow plumbing fixtures,
13 Obtain approval of the landscape plan submitted pursuant to Section 7 D 16
listed above
14 A deed covenant shall be signed, !)otarized, and rec.orded with the COUl'lty
of San 0iego stating that "No portio.n of the pool/guest house shall ever be
rented or leased as a separate 'unit and no kitchen facilities shall be
ihstalled ' No natural gas connection or 22QV electricity is permitted in the
pool/guest hOLJse" The applicant shall submit. the origiJJal, notarized Deed
Covenant to the City of Poway Planning DiVision with the appropriate
recordation fee'for filing with the County of Sa!) Diego '
..
.
Resolution No P-08-32
Page 14
15 The buij(jirig plans shall call out the colorofthe water tar)ks:tobe painted a
muted earth tone color
F PriOr"to issuance of.the,Certificate of Occupancy'
1 Private driveway 'improvements, drainage facilities, slope planting
measures, and all utility services shall be installed, and completed by ,the
property owner, and inspected by the Engineeririg InspectOr
2, An adequate drainage system around the new building pad capable of
haridling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector
3 The developer-shall, to, the satisfaction of the City Engineer, repair any and
all. damages to'the'Toads caused by construction activity from this,project.
4 A Private Road :Maintenance Agreement for the maintenance of the new
asphalt pavement from Mina De Oro to,the proposed driveway serving the
house, in af9rr:Tl satisfactory to the City Attorney, shall be, executed by
the owner S.~id agreement is to complY, With Ordinance No 280, PMC
12,20060 The owner shall provide to the City the necessary legal
descriptions and plat maps for the agreement.
5 . Record drawings" signed by the engineer of work, shall be submitted ~o
Development Services, per Section 16 52. 13,OB of the Grading Qrdiilance.
The "Record Drawings shall be submitted in i3 manner to allow the City
adequatetirnefClr review and approval prior to issuance of occuparicy and
release of gra"ding securities,
6 Securities posted for the project shall be. released upon, submittal of a
SUSMP agreement for maintenance, repair and operation of siorm water
Best Ma'riagement Practices facilities. An Operation and Maintenance plan
shall be submitted with the agreement. '
(Planning)
7 Landscape ,and irrigation shall be installed and maintair:1ed in accordance
witt;!, the 'approved landscape and irrigation plans on file with the City of
Poway Planning Division,
8 All proposed utilities within the project site shall be installed underground
G The ,applicant shall construct the following improvements to the satisfaction of the
DireclorofSafety Services
1 Roof covering shall be fire retardant as per CBC Section 1505, and City of
Poway Ordinance No 64 and its amended Ordinance No 526
..
.
Resolution No P-OB-32
Page'15
2, 'A turr:lbut'is required asedenoted ol:l.l~e,;submitted plan set.
}. Driv~way shall be paved for the entire frontage of the parcel on the
southern ,boundary
4 Approvednum~~rs. or addresses measuring 4 to'6 inches in.height shall be
placed .on the Duilajng in such a position as to be, plainly visible and legible
frorJIthe street'fr6hting the property Said numbers .shall contrast with their
background Address shall be reqUired at private driveway entrances
5 Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester
6 Ellery build,ing hereafter constructed sh'all be accessible to fire ,department
apparatus by' way of access roadways' with. all"lIIeather drilling surface oJ
Roi less than', 16'feet of unobstructedwidth,- w.ith ad.equate rOadway tUrning
radius, capable; of. supporting the impos~d' loads of fire apparatus, and
having a miqimum oft3 'feet 6 inches of Ve rtica I clearance The 'Fire Chief,
pursuantto ll\e Poway Municipal Code shalhapprove the roadisurfacetyp~ '
7 Dead-.end ;acce~s roadways in excess of 150 feet long shall ,be provided
with, approved. provisions for the turning around of Fire Department
apparatus. Curves and topographical conditions could alter the
requirements for turnarounds and the width of accessways
8 The structure is if] the Wildland Urban Ihterface, an interior automatic fire
sprinkler system is required
9 All Type.IV construction in excess of 3,(300' $quare feet shall be eqUipped
with a fire an~:JJife-safety fire sprinkler systEim,
10 All exterior, attached overhead covers four feet or greater in depth, ?hafl be
equipped with an approved exterior fire sprihkler head (Tefl6n or wax
coated)
1'1 Thisdwellipgi~ beipg built on a parcel size 6f5 79 acre(s) and is beyond
the maximum of 500 feet to the nearest fire, hydrant: The dwelling will
have to ,have standby water for firefighting, a residential sprinkler system
and Fire pepartment connection cClpability Tank size, location, type of
COGstru<;ti()n, and design features will be required to be shown as part of
the pl~ri check submittal. ResidehtialSprinkler plalJs will be required as a
s'eparate submittal by a licensed sprinkler contractor or fir,e protection
engineer If 'a pressure pump is required for fire sprinkler operation,
auxiliary-power is required Contact the Poway Fire Dep,artment, Division of
Fire Prevehtionfor details at 858-668~4470
.
.
Resqlution No P~08-32
Page 16
12. An electric powered gate acrosstheiaccess way to' the 'residence shall'have
a Knox override key switch that 'shall be ordered through the PowayFire
Department.
13 Toe applicant sha\l' cOll)ply with the City ,of PowayGLJide to Landscaping
Requiremrjfitsas It relates to fuel management zones The applicant shall
submit, and receive: approval of, landscape and irrigation plans prepared
pursuanttothe','City of Poway Guide (o Landscaping Requirements prior to
Grading Permit issuance '
14 Show perm'abentlY ~ired smoke detectors, wl\h battery back"up, in each
sleeping room, and ata point centrally located in the corrido"(/hallway, area
leading toeadi' 'separated sleeping area, The smpke detectors shall be
hard-wired, with a. battery backup, and shall be wired in such a manner that
if one detecto(1activates, all detectors activate
15 Doorsleadirig from, attached garages into the structure shall meet' the'
requirementsJor a,20~minUte fire door assembly
16 Propane tanks or contaiDers up to 500 9i:1!lpns shall maintai~ a fT]inimull)
1 O-foot C1ei;nan.cefromstructures,combustibIEis and propertylil'les. Tanks
greater than 500,gallons shall maintain a is'-foot ciearance: Tanks: shall ,be
secured in an approved mannerasperthe Califomia Fire Code
Wildland Urban Interface Requirements,
17 Structure SE;tback (iileasured from the top of slope to the farthest projeCtion
from the roof)
a. A 15-Joot horizontal setback distance is ,required for single-story
structures (single-story structure shall be less than 12 feet above
grade)
b A 30cfoot horizontal setback is required ,foUwo-story structures. The
required struCture setback shall be showhan the plot plan.
18 Exterior IN,all firiisf;)ed material shall be noncom,bustible and comply with
Hie California BUilding Code (e g, stucco, 'masonry, cement fiber board,
heavyctimber,etc.) In, addition, all exterior ,walls; are required to be
prot~cted with two-inch nominal solid blocking betwe~nr9fters'gt all roof
olierhahgs. Wood shingle and shake wall coverings shall be prohibited
Apperldages and projections attached toastructure, 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 :prdjections shall meet the requirements for all setbacks and fuel
modification 'zones
.
.
Resolution No P-08-32
Page 17
19 Exierior, windows and ,glazing are restricted to mcilti-Iayered glass (dual,
glazed) and shall be tempered, Glazing frame,S made of vinyl materials '
shall ha,ve welded c;orners and reinforcement in the interlocK area,and
be certified ANSI/AAMAfNwvVDA101/i S2-97 structural requirements.
Provide note on plans.
20 Skylights s,hallbe:tempered glass, Provide note on plans,
21 Exterior doors shall 'be approved noncombustible construction or ignition-
resistant,soiid 'core wood not less than 1Y4inches thick ,or have a fire
protection' rating of not less than 20 minutes. Windows within do.ors and
glazed doors shall comply with exterior window and glazing requirements
Provide'note onplans
22, All eave and soffit construction shall be, ignition resistant and in compliance
withihe Chapter 1505 PMC, Wildland Urban Interface Building Code
Provide details and note on plan for eave andsoffitconstruction.
23 Eave anjsoffit v~ntilation shall be constructed in suc/:l a manner as to
provide, for flame and ember penetration resistance Alternate designs: and
methods will be' considered on a casecby"case. basis Provide, details
showing size and location of attic ventilation and subfloor ventilation on
plan.
24 Roof and attic'vents are prohibited to be' in locations where embers are
most likely to,accumulate Provide details showing;size and location of attic
ventilation on plan,
25 Gutters and doWnspouts shall be construCteo of noncombustible materials
. '..- '-, " . - - ,- ,- ...
Gutters shalf be designed to reduce the ,accumu'latlon of leaf litter and
debris thatcontributes to roof edge ignition.
26 The first ten feet of material for fences and' other attachments to structures
,sh?11 be constructed of noncombustible ,material or 'pressure-treated,
exterior firecretardant wood Gates are permitted, provided that a fivecfoot
minimum'length section of noncombustible fencing maierial is installed as a
firebreak immediately adjacent to the gate
27 Unenclos'ed" 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
heavyctimber construction, per the California'BuildingC'ode
..
.
Resolution No P'08c32
Page 18
28 All' awnings attached to any str,ucture shall meet the '15-foot structure
setback,requirement and be identified as fire rated, Additignally, the awning
shall be contained in a metal, self-closing or box-protected cover
29 Detached auxiliary structures (playground equipment, free'standing decks,
gazebos, sheds, palapas, and trellises) less than,250 square feel and of 30
feet from the nearest structures and property lines are not required to meet
the fire-resistive requirements.
All thatch.ed roofing materials shall be a minimum 30 feet from any structure
and shall have an applied fire retardant chemical. Prootof application and
UL rating of the fire retardant chemical shall b,e provided to the Fire
Department upon request
30 Solar panels shall be located no closer ihan20 feet from a ,combustible
structure and shall have a metal frame All solar panels placed on a roof
top shall comply with a Class "A" roof assembly
H, Prior to issuance,of a Building Permit, the applicant snail comply with the following.
1 The applicant shall pay all applicable engineering, plan ,checking, permit,
and inspection fees.
2. The applicClllt, shajl comply w,ith the latest adopted Uniform BLiilding,Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time' of Building Permit issuance.
3 The site shall be developed in accordance w,ith the approved site plan on
fil~ in the Dev~lopment Services Department and ,the conditionsconti:lined
herein. Grading of the lot shall be in accordance with the Uniform Building
Code, the City Grading Ordinance, the approved grading plan, the
appro"ved soils report, and grading JJractices acceptable to the 'City All
componentsot the tennis court/lighting installaHons (including footings) are
entirely outside the easementonsite .
4 Pursl:lant.toPMC 1730020 C, the applicant shall submit lighting plans-that
reflect that the lighting will be shielded from the adjacent properties, to the
satisfactiOn ofthe Director of De'lelopment.$ervices, '
5 Pursuant to PMC 1730020 E, the building plans shall depict, to the
satisfaction ofthe Director of Development Services, that the support posts,
light poles, and fixtures will be painted a dark non-reflective color so as to
r~c!LJce their ,overall visibility
.
.
Resolution No P-08,32
Page 19
6 Rursuant .t6 PMC17 30 020 F, the building plans shall depict, to the
satisfaction of the Dire,ctor of Dev,elopfTleht SerVices, that dense $vergreen
screening lands,c,,!lJing will be installed around the perimeter 6f the tennis
court to screeh'the lights from surrounding properties, so as to restrict
visibility 6f the light poles,
7 The building. plans shall depict, to the satisfaction of the Director of
Development'S,er:v,ices, that lighting is on. a jiriler designed to prevent the
lights fromaccidehtally being left on and automatically shLit off a"l'1 0'00 pm
8 Light standards heightshall not exceed 18 feet, Lighting fixtures shall be a
maximum 'of '1:000-watt, high-pressure sodium, as required by Ohapter
17 30 PMC ,and shall be maintained for the life of the project. Metal
halide lighting iS,prohibited
I. Prior to obtaining a, final inspection on the Building Permit, the applicant shall
comply with the following:
1 The tennis cO,urt lights shall be developea ili accordance with the approved
plan on fileii'] .the Development Services Department and, ,the conditions
contained herein, A final inspection from the appropriate City Departments
will be required '
2. The applicant shall provide a certification by a lighting contractor, that all
lights ,and ,light fixtures have beendesigmld; constructe(:!, mounted; and
maintained .such that the light source is.,cut',off'wlJe'n viewed 'from anY' point
above five feet measured at ten feet from Hie edge of the court. The
lighting contractor shall certify that all light fixtures have been designed,
constructed, mounted light shields installed, ,and maintained such that the
.maximumill.umination intensity measured atth~ property line shall not
exceed one-half foot-candle above ambient light levels
J Upon installation of the tennis court lights, pursuant to MCl:JP 08-01, the following
shall apply
1 Pursuant to PMC 17 30 920 C 3 the tennis court lightirig,.shall be used only
between 7,00 a.m. and 10'00 p.m" and an automatic timer ,shall be
programr:ned 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 landscaRing shall be maintained in a
flourislJing manner; to the satisfaction of the Director of Development
Services,
'.
.
Resolution No. P-08"32
Page 20
Section 8' Pursuant 10 Government Code Section 66Q20, the gO-day approval period
in which the applicant may' protest the impqsition of any fees, dedications, reservations,
or exactiol)s,imposed purs,uantto,thisapproval shall begin,on December 2, 2008
Section g. The approval of MCUP 08-01 and MORA 08-27 expires on December 2,
20,10, at 5:00 p.m., unless, prior to that time, a Building Permit has been issued, and
construction on the property 1n reliance on the MCUP and MORA approval has
commenced prior to its expiration,
PASSED, ADOPTED:and APPROVED by the City Council of the City Of Poway,
State of California, this 2nd day of December 2008
ATTEST
. Troyan, MMC, CiiyClerl<
;.:,"
..
.
'.
Resolution No. P-08-32
Pag~21
.STATEOF CALlFaR~IA )
)SS.
COIjNTY OF SAN DIEGO)
I, ~inda A. Troyan; MMe", City Clerk ofthe City of'Poway, do hereby certify under
penalty of perjury thaUhe foregoing, Resolution No 1"-08-32 was duly adoptea by the
€ity Council at a meeting of said City Council held on the 2nd day of December 2008,
and that it was so adopteg by the following vote
I.
,
AYES
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES
N0NE
NONE
NONE '
(
~.~~
CAy:1;f poway
ABSENT
DISQUALIFIED