Res P-12-05RESOLUTION NO. P -12 -05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA, APPROVING MINOR DEVELOPMENT REVIEW APPLICATION
(MDRA) 11 -025 APNs: 314 - 840 -09 and 314 - 840 -18
WHEREAS, Alan and Debbie Gold, Applicants, request approval to construct an
approximate 11,300- square -foot, two -story, single - family residence, a detached 800- square-
foot garage, a tennis court, and other associated improvements on Lots 8 and 9 of Tentative
Tract Map (TTM) 89 -09 (Williams Ranch) on Del Poniente Road. The properties are zoned
Rural Residential A (RR -A) and are located within the Hillside /Ridgeline Review area; and
WHEREAS, on June 5, 2012, 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: On November 20, 1990, under Resolution No. P- 90 -87A, the City
Council adopted a Mitigated Negative Declaration (MND) in conjunction with its approval of
Tentative Tract Map 89 -09 (Williams Ranch). The MND analyzed and evaluated residential
homes and associated improvements on pads located on all of the lots within Williams
Ranch. The proposed project, a single - family residence, tennis court, and associated
improvements located on Lots 8 and 9, is consistent with the scope of the project as
described in the adopted MND in that the single- family residence would be situated in the
location identified by the Map and the tennis court is situated primarily in an area with a
natural slope of 15 percent or less, and is designed to minimize grading. Further, the
removal of natural habitat is consistent with the executed Master Mitigation Agreement
established for TTM 89 -09, whose terms were established pursuant to the City of Poway's
Subarea Habitat Conservation Plan (PSHCP) companion Implementing Agreement dated
June 1996, and associated Mitigated Negative Declaration, and in consultation with the
wildlife agencies. Therefore, pursuant to Section 15162 of the 2012 California
Environmental Quality Act (CEQA) Guidelines, the project is consistent with the previously
adopted MND and no subsequent environmental review is required.
Section 2: The findings for MDRA 11 -025, in accordance with Section 17.52.010 of
the Poway Municipal Code (PMC) Purpose of Development Review, are made as follows:
A. The project has been designed to conform to the General Plan and City development
standards, as well as hillside /ridgeline requirements. The proposed development
complies with grading limitations, the Hillside Development policies of the General
Plan, and the house is developed with multiple levels to reduce the visible impact
from a distance. Therefore, the development respects the interdependence of land
values and aesthetics to the benefit of the City.
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B. The development encourages the orderly and harmonious appearance of structures
and properties within the City in that the proposed residence will be a multiple level
structure, will have earth -toned wall and roof materials, the tennis court is located on
a fairly level area, and landscaping that will assist the home and tennis court blend
into the hillside. The tennis court is located in the most suitable location of the site
and has been designed to minimize grading. Therefore, the proposed tennis court is
consistent with the requirements of the subdivision (TTM 89 -09).
C. The residence and tennis court will not have an adverse health, safety or aesthetic
impact upon adjoining properties in that the development is consistent with the
development requirements associated with TTM 89 -09, and the necessary private
and public infrastructure improvements will be completed to serve the project.
D. The residence, tennis court and associated improvements proposed for Lots 8 and 9
have been designed to comply with the Zoning Ordinance and General Plan.
Section 3: Pursuant to the PSHCP, a biological survey was prepared for the
property on January 10, 2012, and updated May 16, 2012, by William T. Everett, a Certified
Biological Consultant at Everett and Associates. The report evaluated the project relative
the Master Mitigation Agreement recorded on the property at the San Diego County
Recorder's Office on August 26, 2003, for the Williams Ranch project (TTM 89 -09). The
Master Mitigation Agreement terms were established pursuant to the PSHCP companion
Implementing Agreement dated June 1996, and in consultation with the wildlife agencies.
The Master Mitigation Agreement, among others, allows for a total of 2 acres of habitat to be
disturbed on each of the 10 lots of the Williams Ranch subdivision, including paved
driveways, but excluding septic fields, which are to be revegetated.
The proposed development encompasses 2 adjoining lots and would result in the following
habitat impact and preservation:
Lot 8: This lot contains 2.78 acres of Chamise Chaparral (CHP) and 0.36 acres of disturbed
area, for a total of 3.14 acres. The proposed project would disturb 1.76 of CHP and 0.20
acres of paved driveway for a total of 1.96 acres of impact. In the future, the project may
temporarily impact habitat beyond this area when the secondary septic system is installed
(0.39 acres). The secondary septic field will be required to be revegetated with native
habitat if it is ever needed.
Per the Master Mitigation Agreement, a Biological Conservation Easement (BCE) would be
established over the remaining approximate 0.63 acres of CHP. The 0.39 -acre habitat area
dedicated for a secondary septic field would be placed in an Open Space Easement (OSE),
which allows for the temporary disturbance as a result of the placement and maintenance of
a septic system.
Lot 9: This 5.07 -acre lot was previously approved with MDRA 08 -08 for the construction of
a home and an Administrative Clearing Permit (ACP) 09 -03 in preparation of associated
grading activities. The ACP allowed the removal of 1.9 acres of the site's 4.72 acres of
Chamise Chaparral. In connection with the approval of ACP 09 -03, a Biological
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Conservation Easement was recorded on the project, providing protection of 2.3 acres of
habitat. The remaining 0.5 acres of habitat was excluded from the BCE because it was
designated for septic fields and, therefore, would be temporarily impacted as a result of
installing the project's septic field. The proposed tennis court and activity pad associated
with MDRA 11 -025 will impact approximately 1.35 acres of habitat and are contained within
the impact areas previously defined by MDRA 08 -08 and ACP 09 -03. Conditions of
approval of MDRA 11 -025 will require that the designated septic area be placed in an OSE,
which allows for the placement and maintenance of a septic system to ensure further
protection of this habitat.
A. The proposed project site is inside the mitigation area, the Twin Peaks Biological
Core and Linkage Area (BCLA), and the Planned Resource Preservation Area
(PRPA) No. 10 of the PSHCP. The mitigation is consistent with and furthers the
implementing objectives of the PSHCP, since mitigation will be provided in
compliance with the executed Master Mitigation Agreement recorded on the property
at the San Diego County Recorder's Office on August 26, 2003, for the Williams
Ranch project (TTM 89 -09).
B. The overall preservation of habitat within the Mitigation Area, the Twin Peaks BCLA,
and PRPA 10 will contribute toward the building of the ultimate total mitigation area
preserve system of the PSHCP since mitigation will be provided in compliance with
the executed Master Mitigation Agreement for the Williams Ranch project.
C. The mitigation will be to the long -term benefit of the covered species and their
habitats, in that the recordation of a BCE over an area of undisturbed and
unencumbered habitat will promote a meaningful addition to the assembly of a viable
regional system of interconnected natural habitat resources, habitat linkages, buffers,
and wildlife corridors, since it will permanently preserve approximately 0.63 acres of
habitat onsite within a BCE, in compliance and furtherance of the executed Master
Mitigation Agreement for the Williams Ranch project. Furthermore, 0.89 acres of
habitat placed within an OSE will be revegetated and maintained with native
vegetation should it be developed with a secondary septic fields.
D. The mitigation will foster the incremental implementation of the PSHCP in an
effective and efficient manner in that the habitat will be preserved onsite contiguous
to other preserved habitat areas.
E. The preserved habitat will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP as the subject mitigation lands will be
dedicated to the City of Poway and placed within a permanent Biological
Conservation Easement.
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Section 4: The findings, pursuant to Government Code Section 66020, for the
public improvements for MDRA 11 -025 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.
B. In accordance with the Poway General Plan, the project requires the payment of
development impact 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.
In accordance with the Poway General Plan, the project requires the payment of
water, drainage, park, affordable housing, fire apparatus, 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 11 -025, a request to
construct an approximate 11,300- square -foot, two -story, single - family residence, a detached
800 - square -foot garage, a tennis court, and other associated improvements on Lots 8 and 9
on Del Poniente Road (Williams Ranch) in the RR -A zone, according to approved plans on
file 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, 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 only 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 the date of this approval or before submittal of a Building Permit
application, whichever occurs first, the applicant shall submit in writing that all
conditions of approval have been read and understood.
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D. The conditions for the project shall remain in effect for the life of the subject property,
and shall run with the land and be binding upon future owners, successors, heirs,
and transferees of the current property owner.
E. Approval of MDRA 11 -025 does not approve or guarantee the usability of the activity
pad for a residential home site. City Council review and approval of a separate
MDRA is required for a future proposal to construct a home on Lot 9, and it would
need to demonstrate compliance with all applicable City regulations in effect at the
time of the MDRA approval.
F. Prior to issuance of a Grading Permit or Administrative Clearing Permit, the applicant
shall comply with the following:
(Engineering)
1. 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.
2. Submit a precise grading plan for the development prepared on a City of
Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the
City project engineer. Submittal shall be made to the Department of
Development Services Engineering Division for review and approval. The
grading design shall be 100% complete at the time of submittal, ready for
approval and issuance of permit. Incomplete submittals will not be accepted.
All materials as required by Chapter 16.48 PMC shall be submitted.
3. Water Quality Control — Drainage and Flood Damage Prevention
A drainage study addressing the impacts of the 100 year storm event prepared
by a registered Civil Engineer is to be submitted and approved. The study
shall evaluate existing and proposed hydrologic and hydraulic conditions to
the satisfaction of the City Project Engineer.
4. Water Quality Control — Design and Construction
The project shall comply with the City's Jurisdictional Urban Runoff
Management Program (JURMP). The project is considered a Priority Project
and will be subject to the Standard Urban Stormwater Management Plan as
outlined in the Poway Municipal Code. A Water Quality Technical Report
(WQTR) prepared by a registered Civil Engineer is to be submitted and
approved.
a. Provide two copies of an Operation & Maintenance (O &M) plan in
accordance with Chapter 16.104 PMC.
b. Property owner shall execute an approved Storm Water Management
Facilities Maintenance Agreement accepting responsibility for all
structural BMP maintenance, repair and replacement as outlined in the
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Operations and Maintenance plan. The operation and maintenance
requirements shall be binding on the land throughout the life of the
project as outlined in Chapter 16.104 PMC.
5. Water Quality Control — Construction Storm Water Management Compliance
Proof of coverage under the General Permit for Discharges of Storm Water
Associated with Construction Activity (Construction General Permit, 2009 -
0009-DWQ, as amended by order 2010 -0014) shall be provided to the City
along with a copy of the Storm Water Pollution Prevention Plan (SWPPP).
6. Grading securities shall be posted with the City prior to grading plan approval
per PMC 16.46.080. A minimum cash security of $2,000 is required in all
instances.
7. Following approval of the grading plans, posting of securities and fees, and
receipt of three copies of the approved plans, the applicant shall attend a pre -
construction meeting at the Department of Development Services. The
scheduling request shall be submitted on a City standard form available from
the City's project engineer. The applicant's action plan that identifies
measures to be implemented during construction to address erosion, sediment
and pollution control will be discussed. Compliance for sediment control shall
be provided as directed by the project inspector.
8. 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 approved grading plans are to be staked
under the direction of a licensed land surveyor or licensed civil engineer and
delineated with lathe and ribbon. As applicable, provide two copies of a
written certification, signed and sealed in accordance with the Business and
Professions Code, by the engineer of record stating that all protected areas
have been staked in accordance with the approved plans.
(Planning)
9. Prior to the issuance of a Grading Permit or an Administrative Clearing Permit,
whichever occurs first, the applicant shall mitigate the project impacts to
natural habitat by establishment of a BCE in accordance with the Master
Mitigation Plan established for TTM 89 -09 over the remaining approximate
0.63 -acre onsite habitat outside of the approved 2 -acre development area on
Lot 8.
The BCE shall be approved by the City Attorney, and shall be notarized and
recorded with the County of San Diego. The applicant shall be responsible for
preparing a BCE legal plat map and description, submittal of this information
to the City, and City easement plan check fees. The project's septic field shall
not be included in the BCE.
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Note: In compliance with the PSHCP, the City shall process a General Plan
Amendment and Zone Change to change the land use and zoning
designation of the area of the BCE to Open Space- Resource Management
(OS -RM) to ensure its permanent preservation.
10. Septic fields that are located outside of the project's maximum 2 -acre habitat
impact area shall be revegetated with native habitat once completed in
accordance with the Master Mitigation Agreement established for Williams
Ranch. The septic field revegetation and monitoring shall be described in a
habitat revegetation plan, prepared by a qualified biologist, to be submitted for
review and approval
11. An Open Space Easement (OSE) over the septic system area outside the
project's maximum 2 -acre habitat impact area shall be recorded over
approximately 0.39 acres of habitat on Lot 8 and 0.5 acres of habitat on Lot 9.
The Open Space Easement areas shall allow for the installation and
maintenance of a septic field.
The OSE shall be approved by the City Attorney, and shall be notarized and
recorded with the County of San Diego. The applicant shall be responsible for
preparing an OSE legal plat map and description, submittal of this information
to the City, and City easement plan check fees.
12. To avoid potential impacts to the California Gnatcatcher and coastal sage
scrub (CSS), in accordance with Condition H of the Poway Subarea Habitat
Conservation Plan Incidental Take Permit, a take of active California
Gnatcatcher nests, which includes harassment of the bird due to grading noise
and vibrations from February 15 through July 1, is not permitted. Because
proposed development will be within 500 feet of CSS habitat, the habitat of the
California Gnatcatcher, grading activities 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 clearing /grading activities, if active
nests are found within 500 feet of the grading, grading 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. Prior to the issuance of a Building Permit, Grading Permit, or
Administrative Clearing Permit, whichever comes first, and if clearing/
grading 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 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
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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 cleared, or within CSS habitat located within 500 feet
of said area, approval may be granted to commence clearing /grading
within the Gnatcatcher nesting season from February 15 through
July 1.
d. If Gnatcatchers are present within the area to be cleared /graded,
or within CSS habitat located within 500 feet of said area during the
nesting season (February 15 through July 1), no clearing /grading will be
allowed during this time. 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
are implemented to the satisfaction of the City and the USFWS. There
is no guarantee that grading will be allowed to resume.
13. If grading or habitat clearing is proposed to occur during the nesting season of
the California Gnatcatcher (February 15 through July 1), 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 graded /cleared 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 clearing /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 clearing /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 and /or grading
plan.
14. If grading or habitat clearing is proposed to occur during the nesting season of
the California Gnatcatcher (February 15 through July 1), upon completion of
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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.
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.
15. Landscape and irrigation plans shall be submitted prior to the issuance of a
Grading Permit and approved prior to the issuance of the Building Permit. The
project site shall be landscaped and irrigated in compliance with the City of
Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC, and all
other applicable standards in effect at the time of landscape and irrigation plan
check submittal.
The landscape and irrigation plan submittal is a separate submittal from other
project plan check submittals, and is made directly to the Planning Division.
Landscape and irrigation plan review fees are required and are the
responsibility of the applicant.
a. The plans for landscaping shall, at minimum, show irrigation, and sizes
and species for Fire Fuel Management Zones for the house and
driveway and all manufactured slopes steeper than 5:1.
b. Tennis court landscaping consisting of 15- gallon evergreen trees and
5- gallon evergreen shrubs installed adjacent to the fence to reduce
visibility from surrounding properties.
C. 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.
d. The landscape plans shall show 6- foot -high fire buffer walls as shown
on the MDRA site plan to the satisfaction of the Fire Marshal.
e. Street trees will be required to be planted along the frontage of Del
Poniente Road prior to final occupancy. The trees must be a minimum
of 15 gallons and planted on average every 30 feet along the frontage.
Irrigation must be installed at each tree location. The tree species and
location shall be to the satisfaction of the Fire Marshal.
If construction of the residence does not commence within 90 days of
completion of grading, all manufactured slopes steeper than 5:1 shall
G
Resolution No. P -12 -05
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be hydroseeded and irrigated to the satisfaction of the Director of
Development Services.
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 site shall be developed in accordance with the approved grading plans on
file in the Development Services Department and the conditions contained
herein. Grading shall be in accordance with the Uniform Building Code, the
City Grading Ordinance, the approved grading plan, the approved soils report,
and grading practices acceptable to the City.
2. Erosion control, including, but not limited to, desiltation basins, 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.
3. Applicant shall obtain a Grading Permit and complete rough grading of the
site. The grading shall meet the approval of the Engineering Inspector and the
project's geotechnical engineer. Following completion of rough grading, the
applicant shall submit the following:
4. Three copies of certification of line and grade for the lot, prepared by the
engineer of work.
5. Three copies of a soil compaction report for the lot, prepared by the project's
geotechnical engineer.
a. The certification and report are subject to review and approval by the
City.
6. The applicant shall pay all applicable development impact fees in effect at time
of permit issuance. Listed below are the current applicable fees and amounts:
a. Water (1" meter) $5,448
b. Drainage (Pomerado Creek) $1,200
C. Fire Apparatus (1 EDU) $122.03
d. Traffic (Rural -Res) $2,218
e. Park (Rural -Res) $4,562
There is also a required fee to the San Diego County Water Authority in the
amount of $6,922 for a 1" meter.
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(Planning)
7. The site plan included with the building plan check shall be consistent with the
approved site plans on file in the Development Services Department and the
conditions contained herein.
8. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, Chapter 17.07 PMC, and all other applicable codes
and ordinances in effect at the time of permit issuance.
9. An Affordable Housing In -Lieu Fee shall be paid to the Planning Division for
the residence at the rate established at the time of Building Permit issuance.
10. The applicant shall contact the Poway Unified School District (858- 679 -2570)
to verify if school impact fees are required. If required, the fees shall be paid
at the rate established at the time of Building Permit issuance.
11. All architectural details shown on the approved MDRA plans shall also be
shown on the building plan check submittal. Any major modifications to the
building or site design details on the approved plans will require a new MDRA
approval by the City Council.
12. Exterior building materials and finishes shall reflect the approved elevations on
file with the City and these conditions of approval, and shall be noted on the
building plans to the satisfaction of the Director of Development Services.
13. Except as noted for the Recreation Court, the maximum height of any fence or
retaining wall shall not exceed 6 feet. Retaining walls shall be of decorative
block or stucco finish consistent with the exterior of the residence. Building
plans shall clearly show the location, material and heights of retaining walls.
14. The applicant shall sign and record a deed covenant which shall state: "In
consideration of the approval of Minor Development Review Application
(MDRA) 11 -025 to construct a single - family residence, detached garage, a
tennis court, and other associated improvements on the referenced properties
by the City of Poway (CITY hereinafter), OWNERS hereby acknowledge that
the private recreation facility on Lot 9 as shown on the approved site plan on
file with the City of Poway is an accessory use to the residence on Parcel 8
and that the recreational facility shall not be used for any purpose other than
that normally associated with a residential use. It is further acknowledged that
Parcel 8 and Parcel 9 shall remain under that same ownership (i.e., not
separately owned) unless the recreational facility use has been discontinued
and the improvements removed to the satisfaction of the Director of
Development Services, or an MDRA and residential Building Permit has been
issued for the recreation facility site (Parcel 9).
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15. The tennis court shall comply with the following, per Chapter 17.30 PMC:
a. A maximum 10- foot -high fence (measured from the finished grade of
the court) shall be allowed.
b. Fencing and support posts shall be painted a dark non - reflective color
so as to reduce their overall visibility. Vinyl- coated chain link fencing
with fence posts painted to match is acceptable.
C. Landscaping, consisting of 15- gallon evergreen trees and 5- gallon
evergreen shrubs, shall be installed adjacent to the fence to reduce
visibility from surrounding properties to the satisfaction of the Director of
Development Services.
16. The recreational court shall not be lighted. Any future lighting of the
recreational court is subject to a separate Minor Conditional Use Permit
application and shall be subject to City Council approval.
H. The applicant shall comply with the following requirements to the satisfaction of the
Director of Safety Services:
1. The applicant is required to meet all applicable Poway Municipal Code and
California State Fire and Building Codes for this project. The applicant is
encouraged to contact the Division of Fire Prevention at (858) 668 -4470 to set
up a meeting prior to submitting building plans in order to review project
requirements.
2. This parcel is located within the Very High Fire Hazard Area of the City and
is new construction; therefore, California Building Code Chapter 7A and
Chapter 15.05 PMC will apply will apply.
3. 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.
4. Ignition- resistant construction, Class 1, is required for this project. The
detached garage shall have no openings on the east and north side.
5. A residential fire sprinkler system with a one -inch meter will be required. A
separate plan submittal and approval to the Poway Fire Department, Division
of Fire Prevention, prepared by a licensed sprinkler contractor or fire
protection engineer is required for the residential sprinkler system prior to
installation. There is a separate fee for this plan check and inspection service.
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.
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6. 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 a roadway interior turning radius of not less than
28 feet capable of supporting the imposed loads of fire apparatus with a
minimum of 13 feet, 6 inches of vertical clearance. The Fire Chief, pursuant
to the PMC, shall approve the road surface type.
7. Dead -end access roadways in excess of 150 -feet long shall be provided with
approved provisions for turning around of Fire Department apparatus. Curves
and topographical features could alter the requirements for turnarounds and
the width of access roadways.
8. 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. Numbers shall contrast with their
background. The address is required at the private driveway entrance.
9. Smoke detectors shall be installed in all bedrooms and adjoining hallways.
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.
10. Carbon monoxide detectors shall be installed in hallways adjoining bedrooms.
The carbon monoxide 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.
11. An 80- percent structure setback (measured from the top of the slope to the
farthest projection from the roof) is required. A structure shall be set back a
minimum of 1.25 feet horizontally from the top of slope for every foot in
building height measured from the farthest projection of the roof. Structural
setbacks shall be shown on the site plan. Show scaled cross section profiles
denoting the top of the slope, building /roof projections, and the setback
distance at multiple locations on the plan submittal.
12. The applicant shall comply with Section Six of the City of Poway Landscape
and Irrigation Design Manual and Chapter 15.05 PMC as it relates to fuel
management and defensible space. One hundred feet of fuel management
is required. The use of fire walls, as shown on plan, is required where 100
feet of fuel management cannot be achieved within the parcel boundaries.
There is a separate fee for this plan check and inspection service. The
landscape plan requires a separate landscape and irrigation plans submittal
prepared pursuant to the City of Poway Landscape and Irrigation Design
Manual requirements. The applicant shall submit and receive signed approval
of landscape and irrigation plans prior to the issuance of the Building Permit.
Resolution No. P -12 -05
Page 14
Prior to issuance of the Certificate of Occupancy:
The site shall be developed and the building elevations shall be constructed in
accordance with the approved plans on file in the Development Services
Department and the conditions contained herein. A final inspection from
appropriate City departments will be required.
(Engineering)
2. Any extension of proposed or existing utilities required to serve the project
shall be installed underground.
3. The drainage facilities, driveway, and all utility services shall be installed, and
completed by the property owner, and inspected and approved by the
Engineering Inspector. All new utility services shall be placed underground.
4. An adequate drainage system shall be provided around the new building pad
capable of handling and disposing all surface water to the satisfaction of the
Engineering Inspector.
5. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damage to public improvements caused by construction activity from this
project.
6. After completion of all work, record drawings, signed by the engineer of work,
shall be submitted to Development Services for review prior to a request of
occupancy, per Section 16.52.130B of the Grading Ordinance. Approval of
record drawings is required prior to issuance of occupancy and release of
grading securities. Initial submittal of record drawings at least three weeks
prior to a request for occupancy is recommended.
(Planning)
7. All landscaping and irrigation shall be installed in accordance with approved
landscape plans.
Section 6: Pursuant to Government Code Section 66020, the applicant may
protest the imposition of any fees, dedications, reservations, or exactions within the 90 days
of the date of this approval.
Section 7: The approval of Minor Development Review Application 11 -025 shall
expire on June 5, 2014, at 5:00 p.m. unless, prior to that time, a Building Permit has been
issued and construction on the property has commenced prior to its expiration.
Resolution No. P -12 -05
Page 15
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a
regular meeting this 5th day of June, 2012.
Don Higginson, Mayor
ATTEST:
L' royan, MMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. P -12 -05 was duly adopted by the City
Council at a meeting of said City Council held on the 5th day of June, 2012, and that
it was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON.
NOES: NONE.
ABSENT: NONE.
DISQUALIFIED: NONE.
i A. Troyan, MMC, City Clerk
City of Poway