Res P-09-39
RESOLUTION NO. P-09-39
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 09-19
ASSESSOR'S PARCEL NUMBER 314-193-47
WHEREAS, MDRA 09-19, submitted by Bob Lamagno, Owner, requests
approval to construct a 3,018-square-foot, single-family residence and an 806-square-
foot, attached garage at 14203 Midland Road. The property is located in the
Residential Single-Family 2 and Rural Residential C zones in the Old Poway Specific
Plan area.; and
WHEREAS, the Final Map for Tentative Tract Map 04-04, which created the
subject lot, contains a note stating that the placement and design of the future homes
and landscaping on lots within the subdivision shall minimize view obstruction of the
Victorian house (Plaisted house) at 13624 Aubrey Street as seen from Midland Road
and will be subject to City Council Review; and
WHEREAS, on November 3, 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: The City Council finds that the proposed project is Categorically Exempt
as a Class 3 Categorical Exemption from the California Environmental Quality Act
(CEQA), pursuant to Sections 15303 the CEQA Guidelines, in that the project involves
the construction of a single-family home.
Section 2: The findings, in accordance with Poway Municipal Code (PMC) Chapter
17.52, to approve MDRA 09-19 to construct a 3,018-square-foot, single-family
residence and an 806-square-foot, attached garage at 14203 Midland Road, 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, or be materially detrimental to, adjacent uses, residents,
buildings, structures, or natural resources; and
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Page 2
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 in that the proposed single-family residence will be built using a
contemporary version of the Pioneer Farmhouse architectural style, and will
incorporate high quality and authentic-appearing materials consistent with the
Old Poway Specific Plan. The project will preserve a view of the existing
Victorian house at 13624 Aubrey Street as seen from Midland Road. 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 General Plan.
Section 3: The findings, pursuant to Government Code Section 66020 for the public
improvements, and needed as a result of the proposed development to protect the
public health, safety, and welfare are made as follows:
A. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project. The construction of
public improvements is needed as a result of the proposed development to
protect the public health, safety, and welfare as identified below:
1. In accordance with the Poway General Plan, the project requires the
payment of drainage, park, affordable housing, traffic, sewer, water,
stormwater inspection, and fire protection 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 4: The City Council hereby approves MORA 09-19, to allow the construction
of a 3,018-square-foot, single-family residence and an 806-square-foot, attached
garage at 14203 Midland Road, in the Residential Single-Family 2 and Rural
Residential C zones in the Old Poway Specific Plan area, per plans on file with the
Planning Division dated September 17, 2009, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
Resolution No. P-09-39
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judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including. but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or
obtain independent legal counsel in defense of any claim related to this
indemnification. In the event of such election, applicant shall pay all of the costs
related thereto, including without limitation reasonable attorney's fees
and costs. In the event of a disagreement between the City and applicant
regarding litigation issues, the City shall have the authority to control the litigation
and make litigation related decisions, including, but not limited to, settlement
or other disposition of the matter. However, the applicant shall not be required
to payor perform any settlement unless such settlement is approved by
applicant.
B. 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.
C Within 30 days of approval, the applicant shall submit in writing that all conditions
of approval have been read and understood.
D. The conditions of MDRA 09-19 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.
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:
(Engineering)
1. The building plans shall be consistent with the approved plans on file with
the Planning Division dated September 17, 2009, except as modified by
the conditions herein.
2. All spoil materials from footings and foundations shall be legally disposed
of offsite unless a Grading Permit for placement of the materials is
obtained from the Department of Development Services - Engineering
Division prior to placement or the applicant has received verification from
the Department in writing that no permit is required.
3. Erosion control shall be installed and maintained by the developer from
October 1 to April 30. The developer shall maintain all erosion control
devices throughout their intended life. A $2,000 deposit for erosion
control shall be paid prior to Building Permit issuance.
Resolution No. P-09-39
Page 4
4. Record drawings are required for the grading plan and the improvement
plans for the entire subdivision prior to Building Permit issuance. Please
note that a compaction report for the subdivision is required for record
drawings and has not been received for review.
5. The applicant shall pay all applicable development impact fees at the time
of Building Permit issuance. Impact fees are based on the current fees
at the time of permit issuance and are subject to change. For reference
only, the fees currently applicable if a building permit were issued for the
project at the date of this resolution and their respective amounts are
listed below:
Drainage Fee:
Park Fee:
Traffic Fee:
Sewer Fee:
Water Capacity Fee:
Stormwater Inspection Fee:
Fire Protection Fee:
SDCWA Fee:
$1,570.00
$4,562.00
$2,119.00
$5,836.00
$5,448.00
$1,318.00
$ 12203
Paid (7-27-05)
6. All existing and proposed utilities, or extension of utilities required to serve
the project shall be installed underground. No extension of overhead
utilities shall be permitted.
7. A Floodplain Development Permit is required as the improvements extend
into a FEMA-mapped floodplain.
(Building)
8. 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)
9. The applicant shall submit landscape and irrigation plans, pursuant to the
City of Poway Guide to Landscape Requirements. A $525.00 plan check
fee is required with the landscape plan submittal package. In addition,
the landscape plans shall show the following:
a. Landscaping of manufactured slopes greater than a 5: 1 slope.
b. Landscaping that is located within the viewshed of the Victorian
home at 13624 Aubrey Street, as seen from the southeast corner of
the Midland Road and Aubrey Street intersection and as depicted
on Attachment D of the staff report associated with this Resolution,
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Page 5
to the satisfaction of the Director of Development Services. This
landscaping must be low-growing and not substantially encroach
into said viewshed at maturity.
c. Seven 24-inch boxed trees are required to be planted in connection
with the conditions of approval of TR 05-22, which authorized the
removal of 47 trees from the five-lot subdivision approved by City
Council as TTM 04-04. Based on the length of lot frontage of the
subject Lot 3, the seven trees represent a proportionate share of
the 20 replacement trees required to be planted along Midland
Road and Aubrey Street pursuant to TR 05-22. The replacement
trees shall be sycamore trees or other tree species, as deemed
appropriate by the Director of Development Services considering
the property's setting in Old Poway.
10. The house shall be equipped with low-flow plumbing fixtures.
11. The building plans shall include proposed fencing, including the height,
location, design, and material. Fences shall be consistent with the
architectural design of Old Poway and with the associated development
project to the satisfaction of the Director of Development Services.
12. The building plans shall depict the exterior materials and colors consistent
with the approved sample board on file with the Planning Division.
13. An Affordable Housing In-Lieu Fee shall be paid at the rate established at
the time of Building Permit issuance.
F. The applicant shall comply with the following conditions prior to occupancy:
(Engineering)
1. Driveways, roadway 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. All new utility services shall be placed underground.
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. The applicant shall repair any and all damages to streets caused by
construction activity from this project, to the satisfaction of the City
Engineer.
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Page 6
4. Prior to certificate of occupancy, an elevation certificate (FEMA Form
81-31) ensuring that the first floor is above the flood elevation is required.
The form is available at the City of Poway Development Services
Department front counter
(Planning)
5. Landscape and irrigation shall be installed and maintained in accordance
with the approved landscape and irrigation plans on file with the City of
Poway Planning Division. Landscaping shall also be installed within
the front and street sideyard setbacks.
G. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. Roof covering shall be fire retardant as per CBC Section 1505, and City of
Poway Ordinance No. 64 and its amended Ordinance No. 526.
2. Approved numbers or addresses measuring 4 to 6 inches in height shall
be placed on the building in such a position as to be plainly visible and
legible from the street fronting the property. Said numbers shall contrast
with their background. The 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 requiring a building permit hereafter constructed shall be
accessible to Fire Department apparatus by way of access roadways with
an all-weather driving surface of not less than 16 feet of unobstructed
width, with adequate roadway turning radius, capable of supporting the
imposed loads of fire apparatus, and having a minimum of 13 feet 6
inches of vertical clearance. The Fire Chief, pursuant to the Poway
Municipal Code, shall approve the road surface type.
5. All Type V construction in excess of 3,600 square feet shall be equipped
with a fire and life-safety fire sprinkler system.
6. 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).
7. 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
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Page 7
is required. There is a separate fee for fire sprinkler plan check and
inspection services.
8. 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.
9. Doors leading from attached garages into the structure shall meet the
requirements for a 20-minute fire door assembly.
10. 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.
11. Solar panels shall be located no closer than 20 feet from a combustible
structure and shall have a metal frame. All solar panels placed on a roof
top shall comply with a Class "A" roof assembly.
Section 5: Minor Development Review Application 09-19 shall expire on November 3,
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 6: 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 November 3, 2009.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 3rd day of November 2009.
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Don Higginson, Mayor
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ATTEST:
A Troyan, MMC, City lerk
Resolution No. P-09-39
Page 8
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-09-39, was duly
adopted by the City Council at a meeting of said City Council held on the 3rd day
of November 2009, and that it was so adopted by the following vote:
NOES:
BOYACK (via Teleconferencing), CUNNINGHAM,
REXFORD, KRUSE, HIGGINSON
NONE
AYES:
ABSENT:
NONE
DISQUALIFIED:
NONE
. Troyan, MMC, City Clerk
f Poway