Res P-10-25RESOLUTION NO. P -10 -25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW APPLICATION 09 -42
AND UNDERGROUND WAIVER 10 -01
ASSESSOR'S PARCEL NUMBER 317 - 520 -01
WHEREAS, Minor Development Review Application (MDRA) 09 -42, submitted
by Shendl Diamond, Owner /Applicant, requests approval to construct a 1,612- square -foot,
two -story attached garage and storage addition to an existing residential dwelling on
a 1 -acre property located at 12203 Leona Lane. The property is zoned Rural Residential
C (RR -C) and is located within the Hillside /Ridgeline Review Area, and
WHEREAS, undergrounding of existing overhead utilities is required for an MDRA
and that this site is served by an existing San Diego Gas & Electric (SDG &E) utility
pole. The owner /applicant has submitted a request asking for approval of Underground
Waiver (UW) 10 -01; and
WHEREAS, on July 6, 2010, 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 project is Categorically Exempt from the California Environmental
Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuant to Section 15303 of the
CEQA Guidelines, in that it is for an accessory structure to an existing residence.
Section 2 : Pursuant to the Poway Habitat Conservation Plan (HCP), the initial baseline
biological survey for the HCP determined that the entire 1 -acre parcel did not have
any protected habitat species and the parcel was entirely disturbed. Therefore,
MDRA 09 -42, a request to remove a portion of a residential structure and replace it with
a garage, will not have any impact on protected habitat species.
Section 3 : The findings, in accordance with Chapter 17.52 of the Poway Municipal
Code (PMC), to approve MDRA 09 -42 to construct a 1,612- square -foot, two -story attached
garage and storage addition to an existing residential dwelling on a 1 -acre property located
at the end of Leona Lane, are as follows:
A. That the garage has been sited to minimize landform alteration, and conform to
City zoning 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 design,
Resolution No. P -10 -25
Page 2
size, and scale of the proposed residence is compatible with and will not adversely
affect, or be materially detrimental to, adjacent uses, residents, buildings,
structures, or natural resources; and
C. That the granting of the MDRA would not be materially detrimental to the public
health, safety, or welfare since the proposed use will complete improvements
necessary for the 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 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 and 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.
Section 5 : The findings, in accordance with Chapter 17.08 PMC, to approve UW 10 -01
to waive the requirement to underground the existing SDG &E utility pole, are as follows:
A. The property is in an area served by overhead utilities and it is unlikely that the
utilities will be relocated underground in the forseeable future, and;
B. Trenching required for the undergrounding would disrupt mature landscaping which
would otherwise remain intact or would cross a paved street.
Section 6: The City Council hereby approves MDRA 09 -42 and UW 10 -01, to allow
the removal of 254 - square -feet of habitable space and construct a 1,612- square -foot,
two -story attached garage and storage addition to an existing 2,087- square -foot
residential dwelling on a 1 -acre property located at the end of Leona Lane per site plans,
floor plans and elevations on file with the Planning Division dated March 29, 2010,
subject to the following conditions:
Resolution No. P -10 -25
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A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
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 pay or 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 -42 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:
(Planning)
1. The building plans shall be consistent with the approved site plans, floor
plans and elevations dated March 29, 2010, on file in the Development
Services Department, except as modified by the conditions herein.
2. The exterior building materials of the garage shall be muted earth tones and
match the existing residence.
3. A deed covenant shall state that the 1,612- square -foot attached garage and
storage addition is non - habitable or conditioned space (it is not improved
with a duct -work system for heating or cooling), and said accessory building
shall never be converted to conditioned or habitable space.
(Engineering)
4. All spoil materials from footings and foundations shall be legally disposed
of offsite unless a Grading Permit for placement of the materials is obtained
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from the Development Services Department — Engineering Division prior
to placement, or the applicant has received verification from the Department
in writing that no permit is required.
5. The applicant shall incorporate Low Impact Development (LID) design
features into the site development. These shall be clearly shown and
identified on the site plan and be appropriately sized for the proposed level of
development.
6. A minimum cash security for erosion control in the amount of $2,000 is
required.
7. The applicant shall attend a pre- construction meeting at the Development
Services Department. The scheduling request shall be submitted on a
standard City form available from the City's project engineer. A reduced
size site plan shall be submitted with the preconstruction meeting request.
This site plan shall reflect all proposed work and clearly identify all LID
features proposed for the development. The applicant's action plan that
identifies measures to be implemented during construction to address
erosion, sediment and pollution control will be discussed.
8. Prior to start of any work within a City -held easement or right -of -way, a
Right -of -Way Permit shall be obtained from the Engineering Division.
All appropriate fees shall be paid prior to permit issuance.
9. An Encroachment Removal Agreement submittal is required for the
pavement area within the 10th Street right -of -way. Recording of the
document shall be completed prior to occupancy. The Encroachment
Removal Agreement shall be conditioned that no vehicle parking will
be allowed within the fire apparatus turnaround area.
10. The applicant shall pay all applicable development impact fees in effect
at time of permit issuance. Currently, the only applicable impact fee due
is the fire apparatus fee of $122.03.
11. A stormwater pollution inspection fee is due. The current fee is $527, and
is subject to change without notice.
12. The property owner shall record a deed covenant agreeing not to oppose
an undergrounding district and to pay a pro rata share of future
undergrounding costs.
F. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
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1. Roof covering shall be fire retardant as per PMC 15.04.050, 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. Every building 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 PMC, shall approve the road surface type.
4. Dead -end access roadways in excess of 150 -feet long shall be provided with
approved provisions for the turning around of Fire Department apparatus.
Curves and topographical conditions could alter the requirements for
turnarounds and the width of access ways.
5. Doors leading from attached garages into the structure shall meet the
requirements for a 20- minute fire door assembly.
6. 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.
15. The project is located within the City of Poway's high fire hazard area.
Therefore, the City's Wildland Urban Interface building code is applicable
(Chapter 15.05 PMC), which includes the following:
a. Where the roof profile allows a space between the roof covering and
roof decking, the spaces shall be constructed to prevent the intrusion
of flames and embers, be fire - stopped with approved materials, or
have one layer of No. 72 ASTM cap sheet installed over the
combustible decking. Provide note on plans.
b. When provided, valley flashings shall be not less than 0.019 -inch
(0.48 mm) (No. 26 galvanized sheet gage) corrosion - resistant metal
installed over a minimum 36- inch -wide (914 mm) underlayment
consisting of one layer of No. 72 ASTM cap sheet running the full
length of the valley. Provide note on plans.
Resolution No. P -10 -25
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C. Exterior wall finished material shall be noncombustible and comply
with the California Building Code (e.g.: stucco, masonry, cement fiber
board, heavy- timber, etc.). In addition, all exterior walls are required
to be protected with nominal two -inch solid blocking between rafters
at all roof overhangs. Wood shingle and shake wall coverings shall
be prohibited.
d. 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.
e. Skylights shall be tempered glass. Provide note on plans.
f. Exterior doors shall be of approved noncombustible construction
or ignition- resistant, solid core wood not less than V/< 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.
g. All eave, soffit, and roof construction shall be ignition- resistant and
in compliance with Chapter 15.05 PMC, Wildland Urban Interface
Building Code. Provide details and notes on plans for eave and
soffit construction.
h. Eave, soffit, and roof 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.
i. Roof and attic vents are prohibited in locations where embers are
most likely to accumulate. Provide details showing size and location
of attic ventilation on plans.
j. Gutters and downspouts shall be constructed of noncombustible
materials. Roof gutters shall be provided with the means to prevent
the accumulation of leaves and debris in the gutter that contribute
to roof -edge ignition.
G. The applicant shall comply with the following conditions prior to occupancy:
(Engineering)
1. All existing and proposed utilities or extension of utilities required to
serve the project shall be installed underground. This includes the
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connections required for the private street light. No extension of
overhead utilities shall be permitted.
2. The drainage facilities, driveway, slope planting measures, and all utility
services shall be installed and completed by the property owner, and
inspected by the Engineering Inspector for approval. All new utility
services shall be placed underground.
3. An adequate drainage system around the new building pad capable
of handling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector.
4. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damages to the streets caused by construction activity from this project.
Section 7: Minor Development Review Application 09 -42 shall expire on July 6, 2012,
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 8: Pursuant to Government Code Section 66020, the 90 -day approval period
in which the applicant may protest the imposition of any fees, dedications, reservations,
or exactions imposed pursuant to this approval shall begin on July 6, 2010.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 6th day of July 2010.
trtJ'��
Don Higginson, Mayor
ATTEST:
Resolution No. P -10 -25
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- 10 -25, was duly adopted
by the City Council at a meeting of said City Council held on the 6th day of
July 2010, and that it was so adopted by the following vote:
AYES: BOYACK, CUNNINGHAM, MULLEN, KRUSE, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
a�Troyan, MMC, City Clerk
of Poway