Res P-12-08RESOLUTION NO. P -12 -08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING HILLSIDE /RIDGELINE MINOR
DEVELOPMENT REVIEW APPLICATION 10 -028
APN: 323 - 290-43
WHEREAS, Minor Development Review Application (MDRA) 10 -028; Don Nguyen and
Chau Lien, Applicants, request approval to construct a 5,733- square -foot, two -story
residence with an attached 943 - square -foot garage and a detached 1,433- square -foot
guesthouse with an attached 572 - square -foot garage on a vacant 2.2 -acre property located
at 12835 Gate Drive. The property is zoned Rural Residential C (RR -C) and located within
the Hillside /Ridgeline Review area; and
WHEREAS, on July 17, 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: A Mitigated Negative Declaration (MND) was issued with the approval of MDRA
06 -09 for development of a residence and guesthouse on the subject property on
October 7, 2008 (Resolution No. P- 08 -26). The proposed project (MDRA 10 -28), consisting
of a residence, guesthouse and associated improvements, is consistent with the scope of the
project as described in the adopted MND in that the development is similar in scale and will
be sited in the same area where development was previously approved. 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 10 -028, in accordance with Section 17.52.010 of the
Poway Municipal Code (PMC) Purpose of Development Review, are made as follows:
A. That the residence and guesthouse have been sited to minimize landform alteration,
and conform to City zoning and development 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 effect on the aesthetics, health,
safety, or architecturally related impact upon adjoining properties as the residence is
consistent with residences in the vicinity. 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
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 guesthouse; and
Resolution No. P -12 -08
Page 2
D. That the project has been designed to minimize impacts on the surrounding
community by utilizing a low- profile architectural design, and earth -toned wall and roof
materials. Therefore, the proposed development respects the public concerns for the
aesthetics of development; and
E. That the proposed use will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity, nor be contrary to the
adopted General Plan because it will meet all development requirements; and
F. That the proposed development will comply with each of the applicable provisions of
the Zoning Ordinance and the Poway General Plan.
Section 3: The findings, pursuant to Government Code Section 66020, for the public
improvements for MDRA 10 -028, 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. The construction of public improvements is needed as a result of the proposed
development to protect the public health, safety, and welfare as identified below:
1. In accordance with the Poway General Plan, the project requires the payment
of drainage, park, affordable housing, and traffic fees, which are assessed on
a pro -rata basis to finance public infrastructure improvements, which promote a
safe and healthy environment for the residents of the City.
Section 4: The City Council hereby approves MDRA 10 -028, 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, the 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 the 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.
Resolution No. P -12 -08
Page 3
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.
D. Prior to occupancy of the guest house for the project, the owner shall submit a signed
and notarized Deed Covenant, to be prepared by the City, which will be recorded with
the County Recorder, stating that the detached guesthouse shall never by rented or
leased as a separate unit and no complete kitchen facilities shall be installed.
E. 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.
F. Prior to construction, the applicant shall obtain a Building Permit. Prior to issuance of
a Building Permit, the applicant shall comply with the following:
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.
2. 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.
G. 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. 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 Development Services Department— Engineering Division prior to placement
or the applicant has received verification from the Department in writing that no
permit is required.
2. 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.
3. A minimum cash security for erosion control of $2,000 is required.
4. The applicant shall attend a pre- construction meeting at the Development
Services Department. The scheduling request shall be submitted on a City
standard form available from the City's Project Engineer. The applicant's action
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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.
5. 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. The applicant shall pay the storm water pollution
inspection fee according to the latest adopted master fee schedule. The current
fee amount is $1,318.
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 -inch meter) $5,448.00
b. Sewer (1 EDU) $5,836.00
C. Drainage (Poway Creek) $1,200.00
d. Fire Apparatus (1 EDU) $ 122.03
e. Traffic (Rural -Res, 1 EDU) $2,218.00
f. Park (Rural -Res, 1 EDU) $4,562.00
There is also a required fee to the San Diego County Water Authority in the
amount of $6,922 for a 1 -inch meter. The applicant shall also pay the cost of
the water meter, and fee for cleanout and inspection of the sewer service
connection.
7. The applicant shall execute and record a Storm Water Management Facilities
Maintenance Agreement accepting responsibility for all structural BMP
maintenance, repair and replacement as outlined in the Operations and
Maintenance plan included in the agreement. The Operations and Maintenance
requirements shall be binding on the land throughout the life of the project.
(Planning)
8. 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.
9. 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 MDRA plans will require a MDRA
revision and City Council approval.
10. Exterior building materials and finishes shall reflect the approved elevations on
file with the City, and shall consist of muted earth tones and a the roof as noted
on the building plans to the satisfaction of the Director of Development
Services.
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11. The maximum height of any fence or wall shall not exceed 6 feet.
12. All living quarters shall be equipped with low -flow plumbing fixtures.
13. An Affordable Housing In -Lieu Fee shall be paid at the rate established at
the time of Building Permit issuance. Currently, the fee for the proposed
residence is $500.
14. Fire Fuel Management Zones shall be shown on Building Permit site plans.
H. The following requirements shall be completed to the satisfaction of the Director of
Safety Services:
The applicant is required to meet all applicable PMC 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.
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.
5. A residential fire sprinkler system with a one -inch meter will be required serving
both structures. 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 services. 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.
6. The main residence 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. 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.
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8. 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.
9. 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.
10. The applicant shall comply with Section Six of the City of Poway Landscape
and IrTigation Design Manual and Chapter 15.05 PMC as it relates to fuel
management and defensible space. One hundred feet, or to the parcel line, of
fuel management is required. The 100 -feet shall include 40 -feet of Zone A and
60 -feet of Zone B. Fifteen feet of vegetation fuel modification shall be
maintained on both sides of driveways.
Reference: Vegetative Fuel Management Plan approved in July 2010 for
additional information.
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. All proposed utilities or extension of utilities required to serve the project shall
be installed underground. No extension of overhead utilities shall be permitted.
3. 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.
4. 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.
5. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damages to the public streets or facilities caused by construction activity from
this project.
6. Record drawings for the water main improvements associated with project
number W109 -527, signed by the engineer of work, shall be submitted to
Development Services for review prior to a request of occupancy, per Section
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16.52.130B of the Grading Ordinance. Approval of record drawings is required
prior to issuance of occupancy and release of grading securities.
(Planning)
7. Landscape and irrigation shall be installed and maintained in accordance
with the approved landscape and irrigation plans, and vegetation fuel
management plan on file with the City of Poway Planning Division, consistent
with slope planting and the approved fire management zones and the City of
Poway Landscape and Irrigation Design Manual.
8. No fencing or gates shall be installed in the 30 -foot access easement along the
north property line.
(Public Works)
9. The property shall be annexed into Lighting District Zone A to the satisfaction of
the Director of Public Works.
Section 5: The parties are hereby informed that the time within which judicial review of this
decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure.
Section 6: The approval of Minor Development Review Application 10 -028 shall expire on
July 17, 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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a
regular meeting this 17th day of July 2012.
Don Higginson, yor
ATTEST:
a . Troyan, MMC, City 151erk
Resolution No. P -12 -08
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
penalty of perjury that the foregoing Resolution No. P -12 -08 was duly adopted by the City
Council at a meeting of said City Council held on the 17th day of July 2012, and that it was so
adopted by the following vote:
AYES: BOYACK , GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
L: . d . Troyan, MMC, City Clerk
Ci y of Poway