Res P-12-10RESOLUTION NO. P -12 -10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR DEVELOPMENT REVIEW APPLICATION 12 -007
APN: 314 - 840 -06
WHEREAS, Green Tech LLC, Applicant, requests approval to construct an
approximate 4,019- square -foot, single - family residence; a 704 - square -foot attached garage;
and a 481 - square -foot, detached guest house with a 293 - square -foot garage on Lot 6 of
Tentative Tract Map (TTM) 89 -09 (Williams Ranch), a 3.37 -acre vacant property located on
Del Poniente Road. The property is zoned Rural Residential A (RR -A), and Rural
Residential B (RR -B) and is located within the Hillside /Ridgeline Review Area; and
WHEREAS, on August 21, 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) pursuant to the California Environmental
Quality Act (CEQA) 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 and detached guest house, is consistent with the scope of
the TTM as described in the adopted MND in that the development would be situated in the
location identified by the Map. Further, the removal of natural habitat is consistent with the
approved 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, the associated MND, and in
consultation with the Department of Fish and Game and the U. S. Fish and Wildlife Service.
Therefore, pursuant to Section 15162 of the 2012 CEQA Guidelines, the project is
consistent with the previously adopted MND and no subsequent environmental review is
required.
Section 2: The findings for MDRA 12 -007, 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 a profile and color 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.
B. The development encourages the orderly and harmonious appearance of structures
and properties within the City in that the proposed residence and guest house will be
low- profile, and have earth -toned wall and roof materials to blend into the hillside as
Resolution No. P -12 -10
Page 2
demonstrated by the visual analysis submitted for the project. The home and guest
house are located in the most suitable location of the site and have been designed to
minimize grading. Therefore the proposed project is consistent with the requirements
of the subdivision (TTM 89 -09) and General Plan policies regarding hillside
developments.
C. The residence and guest house 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 proposed residence and guest house 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
May 18, 2012, by Robin Church, a Certified Biological Consultant at RC Biological
Consulting, Inc. The report evaluated the project relative to 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 would result in the following habitat impact and preservation:
The property contains 0.34 acres of Coastal Sage Scrub (CSS), 2.81 acres Mixed
Chaparral, and 0.12 acres of ruderal habitat, for a total of 3.27 acres of habitat. The
proposed project would disturb approximately 1.86 acres of habitat. Per the Master
Mitigation Agreement, a Biological Conservation Easement (BCE) would be established
over the remaining approximate 0.07 acres of Coastal Sage Scrub and 1.34 acres of Mixed
Chaparral for a total of 1.41 acres of habitat.
A. The proposed project site is inside the mitigation area 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 approved 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 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 approved 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
Resolution No. P -12 -10
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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 1.41 acres of
habitat onsite within a BCE, in compliance and furtherance of the approved Master
Mitigation Agreement for the Williams Ranch project.
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.
Section 4: The findings, pursuant to Government Code Section 66020, for the public
improvements for MDRA 12 -007 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 12 -007, a request to construct an
approximate 4,019- square -foot, single - family residence; a 704 - square -foot attached garage;
and a 481 - square -foot detached guest house with a 293 - square -foot garage on Lot 6 of
Tentative Tract Map 89 -09 (Williams Ranch), a 3.37 -acre vacant property located on Del
Poniente Road, according to the 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
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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.
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. Prior to issuance of a Grading Permit or Administrative Clearing Permit, the applicant
shall comply with the following:
(Engineering)
1. Applicant shall incorporate Low Impact Development (LID) design features
into the site development. These shall be clearly shown and identified on
the grading plan and be appropriately sized for the proposed level of
development.
2. Submit a precise grading plan for the development of the lot 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 technical studies, as required by Chapter 16 PMC shall be submitted.
3. Water Quality Control — Drainage and Flood Damage Prevention
A drainage study addressing the impacts of a 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 — 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- 0014DWQ) shall be provided to the
City, along with a copy of the Storm Water Pollution Prevention Plan
(SWPPP).
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5. 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.
6. 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 Engineering Inspector.
7. 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.
8. Construction staking is to be 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. 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 1.41 -acres of
onsite habitat outside of the approved development area.
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.
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. To avoid potential impacts to the California Gnatcatcher and CSS, in
accordance with Condition H of the PSHCP 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
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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
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.
11. 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
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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.
12. 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 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.
13. 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 and all manufactured
slopes steeper than 5:1.
b. 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.
C. 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.
F.
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Irrigation must be installed at each tree location. The tree species and
location shall be to the satisfaction of the Fire Marshal.
d. A note shall be added to the plans that if construction of the residence
does not commence within 90 days of completion of grading, all
manufactured slopes steeper than 5:1 shall 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 a soil compaction report for the lot, prepared by the project's
geotechnical engineer.
a. Three copies of certification of line and grade for the lot, prepared by
the engineer of work.
b. Three copies of a soil compaction report for the lot, prepared by the
project's geotechnical engineer.
The certification and report are subject to review and approval by the City.
5. 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 (Rattlesnake Creek) $1,570
C. Fire Apparatus (1 EDU) $122.03
d. Traffic (Rural -Res) $2,260
e. Park (Rural -Res) $4,562
G
Resolution No. P -12 -10
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There is also a required fee to the San Diego County Water Authority in the
amount of $6,922 for a 1" meter.
(Planning)
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. The owner shall sign and record a Deed Covenant on the property stating that
the detached guest house shall never be rented or leased as a separate unit,
and no complete kitchen facilities shall be installed.
The applicant shall comply with the following requirements to the satisfaction of the
Director of Safety Services:
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.
Resolution No. P -12 -10
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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 the main residence and
guest house.
5. A residential fire sprinkler system with a one -inch meter will be required in the
main residence and guest house. A separate plan submittal to and approval
by 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.
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 Poway Municipal Code, 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.
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. 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.
Resolution No. P -12 -10
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11. 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 100 feet shall include 40 feet of Zone A and 60 feet of
Zone B. Ten feet of vegetation fuel modification shall be maintained on both
sides of driveways.
a. Ninety -five feet of fuel management measured between northeast
corner of proposed guest house and parcel line is permissible. The
95 feet shall include 40 feet of Zone A and 55 feet of Zone B.
b. Zone A shall extend from garage of main residence to roadway as
illustrated on conceptual grading plan.
There is a separate fee for this plan check and inspection services. 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.
H. Prior to issuance of the Certificate of Occupancy:
1. 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 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.
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 public improvements caused by construction activity from this
project.
6. All work on the approved plans shall be completed. Record drawings signed
by the engineer of work, shall be submitted and approved by Development
Services prior to a request for occupancy, per Section 16.52.130B of the
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Page 12
Grading Ordinance. Record drawings shall be submitted in a manner to allow
the City adequate time for review and approval prior to issuance of occupancy
and release of grading securities. All applicable easements, agreements and
right -of -way dedication /vacation information shall be referenced on the 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: The approval of Minor Development Review Application 12 -007 shall expire
on August 21, 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.
Section 7: 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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 21st day of August 2012.
ATTEST:
d
a A royan, Mt, City Clerk
Resolution No. P -12 -10
Page 13
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 -10 was duly adopted by the City
Council at a meeting of said City Council held on the 21st day of August 2012, and that
it was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
L-Kda . Troyan, MMC, City Clerk
Cit of Poway