Res P-03-13RESOLUTION NO. P-03-13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW 02-114
ASSESSOR'S PARCEL NUMBER 278-240-33
WHEREAS, MDRA 02-114 submitted by Larry Aker, Applicant, requests the
approval of a Minor Development Review Application to construct a Minor Development
Review Application to allow the construction of a 5,200-sq ~ l, split level, two-story
single-family resid .ql f 30 feet in height, and an attached 1,000-
square-foot, 3-car garage on a 3.49-acre property located along the northern side of
Eastvale Road, east of Canyon Pass. The property is zoned Rural Residential B and
located within the Hillside/Ridgeline Review Area; and
WHEREAS, on March 18, 2002, the City Council held a public meeting to consider
the merits of the appeal request relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: The project, MDRA 02-114, is found to be Categorically Exempt under the
provisions of the California Iai Quality Act (CEQA) pursuant to Section
15303(a), Class 3, as it is the construction of a single-family residence in a residential zone
in an urbanized area.
Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal Code,
to approve Minor Development Review Application 02-114 to construct a 5,200-square-
foot, split level two-story, single-family residence measuring a maximum of 30 feet in
height, and an attached 1,000-square-foot, 3-car garage on a 3.49-acre property located
along the northern side of Eastvale Road, east of Canyon Pass.
That the home and garage have been sited to minimize landform alteration and
conforms to City zoning and grading standards. Therefore, the proposed use
respects the interdependence of land values and aesthetics to the benefit of the
City; and
That the approved project will not have an adverse affect on the aesthetics, health,
safety, or architecturally related impact upon adjoining properties, as the residence
is consistent with surrounding residences. Therefore, the 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
That the granting of the Minor Development Review would not be materially
detrimental to the public health, safety, or welfare since the proposed use will
complete imp ts ry for the new residence; and
Resolution No. P- 03-13
Page 2
That the approved development ~les the orderly and h
appearance of structures and property within the City as the neighboring properties
consist of rural residential estate lots with similarly spaced home sites. The project
has been designed t ' ' ' .' pacts on the surrounding community by utilizing a
Iow profile architectural design and earth-toned wall and roof materials. Therefore,
the proposed development respects the public for the aesthetics of
development; and
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
That the proposed development will comply with each of the applicable provisions of
the Zoning Ordinance and the General Plan.
Section 3: The findings, pursuant to Government Code Section 66020 for the public
improvements, are needed as a result of the proposed development to protect the public
health, safety, and welfare are made as follows:
The design and imp Is of the proposed development Ient with all
elements of the Poway General Plan, as well as City Ord' because all
necessary facilities will be available to serve this project. 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:
In accordance with the Poway General Plan, the project requires the
payment of drainage, park, affordable housing, and traffic, 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 Minor Development Review 02-114, to
allow the construction of a 5,200-square-foot, split level two-story, single-family residence
measuring a maximum of 30 feet in height, and an attached 1,000-square-foot, 3-car
garage on a 3.49-acre property located along the northern side of Eastvale Road, east of
Canyon Pass per plans on file with the Planning Division dated January 17, 2003, subject
to the following conditions:
Approval of this M DRA request shall apply to the subject project and shall not waive
compliance with all sections of the Zoning Ordinance and all other applicable City
ordinances in effect at the time of Building Pe~rmit '
Within 30 days of approval, the applicant shall submit in writing that all conditions of
approval have been read and understood.
Resolution No. P- 03-13
Page 3
The conditions of MDRA 02-114 shall remain in effect for the life of the subject
residence and shall run with the land and be binding upon future owners,
heirs, and transferees of the current property owner.
Prior to grading the applicant shall obtain a Grading Permit. Prior to issuance of a
Grading Permit, the applicant shall comply with the following:
A grading plan for the development of the lot, prepared on a City of Poway
standard mylar at a scale of 1"=20', shall be submitted along with a Grading
Permit application and applicable fees to the Development Services
Department-Engineering Division for review and approval. A grading plan
submittal checklist is available at the Engineering Division front counter. At a
· ' the grading plans shall show the following:
All new slopes with 1 (horizontal to vertical) slope. Tops
and toes of graded slopes shall be shown with a ' ' 5-foot
setback from open space areas and property lines. Buildings shall be
located at least 5 feet from tops and toes of slopes, unl9d by
the Planning ' ' ' :l/or Engineering Division prior t ' of
a Grading Permit.
Driveways, in compliance with the specifications provided in Section
17.08.170D of the Poway Municipal Code, and including ' '
structural sections together with their elevations and grades.
A separate erosion control plan for prevention of sediment runoff
during construction.
All utilities (proposed and existing), together with the appurtenances
and any easements. Encroachments are not permitted upon any
easement without an approved encroachment agreement/permit.
Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work. Screening of utility boxes shall be to the satisfaction
of the Director of Development Services.
Location and number of avocado trees to be removed to provide for
building pad.
g. Location and limits of fuel management zone.
Retaining walls with top and bottom wall elevations. Retaining wall
types not identified as a San Di~ego County Regional Standard type
Resolution No. P- 03-13
Page 4
will require a separate building plan check through the Engineering
Division as part of the grading plan check.
i. Location, height, and details of wall for fuel management.
A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work. The report shall be submitted with
the grading plan. The report shall address stability of slopes steeper than
2:1.
A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the project site and all surface
water flowing onto the project site from adjacent lands. Said system shall
include all ls required to properly handle the drainage.
Concentrated flows across driveways are not permitted.
The grading plan shall include measures to comply with the City of Poway
Standard Urban Stormwater Mitigation Plan (SUSMP) Ordinance No. 569.
To insure compliance with the Clean Water Act, the applicant shall prepare a
Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses
the elimination of non-storm runoff into the storm drain system. The SWPPP
shall include, but not be limited to, an effective method of hillsid :1
sediment control, a desiltation basin that has a capacity of 3,600 cubic feet of
storage per acre drained, or designed to remove fine silt for a 10-year, 6-hour
storm event, a material storage site, to protect construction
material from being exposed to storm runoff, protection of all storm drain
inlets, on-site concrete truck wash and waste control, and other means of
Best Management Practices to effectively eliminate pollutants from entering
the storm drain system. The applica~nt shall certify the SWPPP prior to
approval of the grading and imp [ plans. The SWPPP may be
incorporated with the erosion control plan, but shall be under separate cover
from the grading and imp [ plans.
If construction of this project is to disturb one acre or more, the applicant
shall file with the State Regional Water Quality Control Board a Notice of
Intent for coverage under the statewide General Plan that :ormwater
discharges. Proof of filing of the NOI shall be submitted to the Development
Services Department- Engineering Division prior to issuance of a Grading or
Building Permit. Applications may be obtained by contacting:
o
10.
11.
12.
13.
Resolution No. P- 03-13
Page 5
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467-2952
The applicant shall pay all applicable engineering; plan checking, permit, and
inspection fees.
Grading securities in the form of a performance bond and a cash deposit, or
letter of credit, shall be posted with the City prior to grading plan approval. A
· ' $2,000 cash security is required regardless of a Grading Permit will
be required or not, this is to insure compliance with the SWPP plan, and for
any emergency clean up during construction if it becomes
Should there be a need for a new fire hydrant, the applicant shall provide the
fee of $1,250 to the City for a water system analysis to establish the proper
size and location of the public water system. If a hydrant is required, the
applicant shall submit imp I plans, along with plan check and
inspection costs for this imp l.
Leach field layout or seepage pit layout'for the sewage disposal system shall
be submitted to the City's Development Services Department for d
approval by the City Engineer prior to obtaining a septic system installation
permit from the County of San Diego Department of Health. If a septic
system installation permit had already been obtained, a layout plan shall be
submitted to the City for review prior to installation of leach lines
A landscape/irrigation plan in accordance with the applicable requirement of
the City of Poway Guide to Landscape Req ' Is shall be submitted and
approved by the Director of Development Services. Said plan shall include
landscaping for all manufacture and disturbed slopes greater than 5:1 slope
and for Fire Management Zones. In accordance with said requirements, and
the Poway General Plan requirement for hillside development, the
landscaping shall utilize materials and similar in appearance to the existing
native vegetation. The plan shall include size and species of trees and
shrubs to provide visual relief of the retaining walls and buildings to the
satisfaction of the Director of Development Services.
A $525.00 plan check fee/deposit is required with the landscape plan
submittal package.
All construction activity on the project site, including equipment preparation
(i.e., warming up engines), shall be limited to the hours of 7:00 a.m. to 6:00
p.m. Monday through Saturday. Grading activities, including equipment
Resolution No. P- 03-13
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preparation, shall be limited to the hours of 7:00 a.m. to 6:00 p.m. Monday
through Friday.
14.
Pursuant to Section 17.08.230 of the Poway Municipal Code, the applicant
shall note on the plans submitted for Building Permit that all exterior lighting
will be ri or shielded from surrounding properties and streets to the
satisfaction of the Director of Development Services.
15.
The contractor shall provide adequate parking on site in order to limit the
amount of parking on Eastvale Road. In all cases, parking for construction
activities shall be limited to the north side of Eastvale Road.
16.
The contractor shall maintain a trash receptacle on site at all times and shall
ensure that the trash is collected and disposed of on a regular basis and that
the receptacle is periodically emptied and is not permitted 1' Ie.
Compliance with the following conditions is required during grading operations:
The applicant shall attend a preconstruction meeting, at which time they shall
present an Action Plan that identifies to be implemented during
construction to address erosion, sediment, and pollutant control. Compliance
for erosion control can be provided using one or more of the following
guidelines:
Provide an onsite desiltation basin with a volume based on 3,600
cubic feet per tributary acre drained.
Cover all flat areas with an approved mulch.
Install an earthen or gravel bag berm that retains 3 inches of water
over all areas prior to discharge, effectively creating a desiltation basin
from the pad.
Erosion control and pollutant control measures shall be installed and
maintained by the developer throughout the duration of the construction
period.
The site shall be developed in accordance with the approved site plans on
file in the Development Services Depa~rtment 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.
Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer throughout the duration of the
construction period. The developer shall maintain all erosion control devices
throughout their intended life.
Resolution No. P- 03-13
Page 7
Construction staking shall be installed by the owner and inspected by the
Engineering Inspector prior to any clearing, grubbing, or grading. At a
· ' all protected hown on the project plans are to be staked
by a licensed surveyor and delineated with lathe and ribbon. A written
certification from the engineer of work or a licensed surveyor shall be
provided to the Engineering Inspector stating that all protected areas are
staked in accordance with the approved project plans.
Prior to start of any work within City-held Is or rights-of-way, a
Right-of-Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior to
permit issuance.
Prior to any rock blasting, a pre-blast survey of the surrounding properties
shall be conducted to the satisfaction of the Director of Development
Services, and a Blasting Permit shall be obtained from the Engineering
· ' ' Seismic recordings shall be taken for all blasting. Blasting shall
occur only at locations and levels approved by 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 complly with the following:
The building plans shall be consistent with the approved site plans and
elevations dated January 17, 2003, on file in the Development Services
Department, except as modified by the conditions herein.
School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School District
for additional information at (858) 748-0010, ext. 2089.
The building plans shall depict the approved exterior materials of Pacific
Sands and Genoa Expo Stucco, Behr Homestead trim or similar stain and a
clay tile of Santa Maria Blend as noted on plans dated January 8, 2003 on
file at the City of Poway Development Services ' ' '
Prior to delivery of combustible building materials, onsite water and sewer
systems shall satisfactorily pass all required tests and be : :1 to the
public water and sewer systems.
Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
The maximum height of any fence or wall shall not exceed 6 feet. Any walls
proposed shall be reflected on grading plans and shall be of decorative block
or stucco finish consistent with the exterior of proposed residence· A color
Resolution No. P- 03-13
Page 8
sample of proposed walls and fences shall be submitted to the Planning
Division for review and approval.
If a Grading Permit is required, rough grading of the lot is to be completed
and must meet the approval of the City Inspector and shall include submittal
of the following:
A certification of line and grade for each lot, prepared by the engineer
of work.
A final soil compaction report for each lot for review and approval by
the City.
The following development fees shall De paid to the Engineering Services
Department prior to building permit issuance. These fees are currently in
effect and are subject to change.
Water:
Meter Size Cost E ' ,n Fee **SDCWA Fee Service Line
~ inch $130 3,710 $2,004 $1,430
'1 -inch $270 6,678 $3,206 $1,430
*If a l-inch meter is required for fire safety only, %-inch meter fees for
expansion and SDCWA will be applicable
Sewer Septic System
Traffic Mitigation-- 990
Park = 2,720
Drainage = 1,570
An Affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be paid
prior to building permit issuance.
The applicant shall submit in writing a Best Management Practices Plan that
identifies how the construction site will comply with the Jurisdictional Urban
Runoff Management Plan (JURMP). Prior to issuance of a Building Permit
the plan shall receive City approval and a copy shall be kept on the
construction site. During construction, the plan shall be implemented by the
applicant.
The applicant shall comply with the following conditions prior to occupancy:
Driveways, drainage facilities, slope landscaping and protection s
included the six-foot wall for fuel management, and utilities, shall be
constructed, completed, and inspected by the Engineering Inspector. The
driveway shall be constructed in accordance with Poway Municipal Code,
Resolution No. P-03-13
Page 9
Section 17.08.170D, and its structural section shall be shown on the grading
plan.
An adequate drainage system around the building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector.
The applicant shall repair any and all damages to the private streets caused
by construction activity from this project, to the satisfaction of the City
Engineer.
All proposed utilities within the project site shall be installed underground.
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 f and approval prior to
issuance of occupancy and release of grading securities.
The developer shall repair, to the satisfaction of the City Engineer, any and
all damages to the public or private road improvements caused by
construction activity from this project.
A private road maintenance agreement, in a form satisfactory to the City
Attorney, shall be executed by the property owner per Municipal Code
Section 12.20.060. The agreement shall provide for maintenance of the
private road between the t Ithe public portion of Eastvale Road and
the driveway entrance of the subject property. The applicant shall provide to
the City a legal description and plat map for this agreement.
If a pump is needed after the water meter, then a backflow prevention device
is required.
The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
Roof covering shall be fire retardant as per UBC Section 1503 and 1504,
UBC Standard 15-2 and City of Poway Ordinance No. 64 and its amended
Ordinance No. 526.
Approved numbers or addresses measuring 4 to 6 inches in height shall be
placed on the building in such a position as to be plainly visible and legible
from the street fronting the property. Said numbers shall contrast with their
background. Address shall be required at private driveway entrances.
Resolution No. P- 03-13
Page 10
Each chimney used in conjunction with any fireplace shall be maintained with
a spark arrester.
Dead end access roadways in excess of 150 feet long shall be provided with
approved provisions for the turning around of Fire Department apparatus.
Curves and topographical conditions could alter the req Is for
turnarounds and the width of access ways.
Th :lway shall be extended to within 150 feet of all portions of the
exterior walls of the first story of any building. Where the access roadway
cannot be provided, approved fire protection system(s) shall be provided as
required and approved by the Fire Marshal.
A residential fire sprinkler system with a one-inch meter will be required.
Plans shall be submitted to the Fire Prevention Bureau for approval prior to
installation. (If a one-inch lateral offthe street main is currently not present,
one will have to be installed.)
The applicant shall comply with the City of Poway Guide to Landscape
Maintenance as it relates to Fuel Management Zones.
All concrete portions of the driveway shall be 16 feet in width.
A fire hydrant will be required for this project. The fire hydrant shall be within
500 feet of the structure.
10.
The Fire Management Zone allowable reduction between the structure and
property line along the east boundary of the property shall have a non-
combustible wall constructed a ' ' six feet in height as depicted on
MDRA 02-114 plans dated January 17, 2003.
Section 5: This Minor Development Review Application 02-114 shall expire on March 18,
2005, at 5:00 p.m. unless a Building Permit has been issued and construction or use of the
property in reliance on this permit has :1 prior to its expiration.
Section 6: Pursuant to Government Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on March 18, 2003.
Resolution No. P- 03-13
Page 11
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 18th day of March 2003.
ATTEST:
?/~yor
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- 03-13 , was duly adopted by the
City Council at a meeting of said City Council held on the 18th day of March 2003, and that
it was so adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
L~)r' Anne Peoples, C~ Cl~k~
Cit of Poway
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