Res P-13-24RESOLUTION NO. P -13 -24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR DEVELOPMENT REVIEW APPLICATION (MDRA) 13 -013
ASSESSOR'S PARCEL NUMBERS 273 - 900 -54 and 273 - 900 -55
WHEREAS, Brandon Ames, Applicant, requests approval to construct a 4,800
square -foot, single - family home with an 870 - square -foot, attached garage on a vacant
property located on the 13300 block of Starmount Way, in the Rural Residential C
(RR -C) zone; and
WHEREAS, City Council review of proposed development on this property is
required as a condition of approval for a Boundary Adjustment (B81 -0176) between this
lot and an adjoining property with regard to pad elevation, number of stories, building
height, setbacks, and lines -of -sight in regards to the preservation of the view from lots
adjoining this project to the east; and
WHEREAS, on August 20, 2013, 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 proposed project is Categorically Exempt from the provisions of the
California Environmental Quality Act (CEQA), as a Class 3 Categorical Exemption,
pursuant to Section 15303 of the 2013 CEQA Guidelines, in that the project involves the
construction of a single - family dwelling on an existing legal parcel that was previously
graded and cleared within a residential zone.
Section 2: The findings for Minor Development Review Application 13 -013, in
accordance with Poway Municipal Code (PMC) 17.52.010 Purpose of Development
Review, are made as follows:
A. The project has been designed to conform to the General Plan and City
development standards. The proposed development would be located on an
existing building pad and the house will be developed with a low profile and color
that is compatible with surrounding development. 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 will be
low profile, and have earth -toned wall and roof materials that blend in with the
natural setting. The home is located in a suitable location of the site and has
been designed to minimize grading.
C. The residence will not have an adverse health, safety or aesthetic impact upon
adjoining properties in that the scale and appearance will be consistent with the
development of the surrounding properties, and the necessary private and public
Resolution No. P -13 -24
Page 2
infrastructure improvements will be completed to serve the project. The
proposed project will preserve views from adjoining lots to the east and be
consistent with the conditions of approval of Boundary Adjustment B81 -0176
in that the home will be one -story in height, be situated on an existing building
pad at an elevation of 705 feet above mean sea level (MSL), exceed the
minimum building setbacks for the zone, and the landscaping will be low profile in
nature.
D. The proposed residence has been designed to comply with the Zoning
Ordinance and General Plan.
Section 3: The findings, pursuant to Government Code Section 66020, for the public
improvements for MDRA 13 -013 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
fire apparatus 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 13 -013 as shown on the
approved plans on file in the City, 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.
Resolution No. P -13 -24
Page 3
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 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 Title 24 California
Building Codes, which include CBC, CPC, CIVIC, CEC, Chapter 17.07
PMC, and all other applicable codes and ordinances in effect at the time of
application.
(Engineering)
3. 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.
4. 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.
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)
$2,422
b. Sewer (North Basin)
$6,470
i. Indirect Benefit
$500
C. Fire Apparatus (1 EDU)
$122.03
d. Traffic (Res)
$2,304
e. Park (Res)
$4,562
There is an existing % meter currently at the site. However, there was
not a previous development on the property. The applicant will be
responsible to pay the difference in the cost of the meter and the capacity
charges to increase the meter size to 1 ". The difference in the San Diego
County Water Authority fee is $2,596.
Resolution No. P -13 -24
Page 4
6. A minimum cash security for erosion control for $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
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. Erosion control shall be installed and maintained by the developer from
October 1 to April 30 annually. The developer shall maintain all erosion
control devices throughout their intended life.
9. 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.
10. 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.
11. Improvement plans prepared on a City of Poway standard sheet at a scale
of 1" = 20', unless otherwise approved by the City project engineer, in
accordance with the submittal and content requirements listed in the PMC
shall be submitted. Submittal shall be made to the Engineering Division
for review and approval. The improvement design shall be 100%
complete at the time of submittal and ready for approval. The plan shall
include, at a minimum, the following features:
a. A fire hydrant to serve the property
b. Installation of a 1" water meter and 1" lateral (as applicable)
12. The Public Improvement plan shall be approved. The applicant shall enter
into a Standard Agreement for public improvements for the work to be
done as part of the Public Improvement plan. The applicant will be
responsible for posting securities for public improvements in accordance
with the Poway Municipal Code Section 16.20.
(Planning)
13. 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.
14. 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.
Resolution No. P -13 -24
Page 5
15. 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.
16. 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.
17. Landscape and irrigation plans shall be submitted 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.
b. 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.
C. The landscape plan shall include a note that prohibits the planting
of new trees along the east slope of the property.
18. The applicant shall sign and record a deed covenant which shall state that
in consideration of the approval of Minor Development Review Application
(MDRA) 13 -013 to construct a single - family residence on the referenced
property, the owner will acknowledge that any addition, whether attached
or detached, to the main structure, shall not exceed one -story or 731 feet
above Mean Sea Level (MSL).
F. 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 PMC and California State
Fire and Building Codes for this project.
2. A fire hydrant capable of supplying the required fire flow for fire protection
shall be provided within 500 feet of the residence as measured by an
approved route around the exterior of the building. This distance is
measured from fire hydrant to the building following the fire apparatus
access roadway.
3. Approved numbers or addresses measuring four to six inches in height
shall be placed on the building in such a position as to be plainly visible
Resolution No. P -13 -24
Page 6
and legible from the street fronting the property. Numbers shall contrast
with their background. The address is required at the private driveway
entrance.
4. 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 (75,000 lbs.) 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.
5. 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.
6. A residential fire sprinkler system with a one -inch meter is required. 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.
7. 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.
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. Each chimney used in conjunction with any fireplace shall be maintained
with an "approved spark arrester ".
G. 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. Any extension of proposed or existing utilities required to serve the project
shall be installed underground.
Resolution No. P -13 -24
Page 7
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. All public improvements shall be installed per the public improvement plan
and shall be in operation.
7. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
16.52.130B of the 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.
At least three weeks prior to a request for occupancy is recommended.
(Planning)
8. All landscaping and irrigation shall be installed in accordance with
approved landscape plans.
Section 5: The approval of Minor Development Review Application 13 -013 shall
expire on August 20, 2015, at 5:00 p.m. unless, prior to that time, a Building Permit has
been issued and construction on the property has commenced.
Section 6: 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 20th day of August 2013.
ATTEST:
C� }
Sheila R. Cobian, CM-C, City Clerk
Resolution No. P -13 -24
Page 8
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. P -13 -24 was duly adopted by the
City Council at a meeting of said City Council held on the 20th day of August 2013, and
that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
'& Oda- 6' avt,: ,
Sheila R. Cobian, CIVIC, City Clerk
City of Poway