Res P-14-04RESOLUTION NO. P -14 -04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR DEVELOPMENT REVIEW APPLICATION 14 -006
APNS 321 - 100 -43 and 46
WHEREAS, Minor Development Review Application (MDRA) 14 -006, submitted
by High Valley Toothrock LLC, Applicant; is a request to install a gated entry on a
private road for a four -lot residential project located at the southerly terminus of
Toothrock Road in the Rural Residential A zone; and
WHEREAS, on July 15, 2014, the City Council held a duly advertised public
meeting to solicit comments from the public, both for and against, 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 as a Class 3 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15303 of the 2014 CEQA Guidelines, in that the project involves the installation of a
small structure which is accessory to a residential use.
Section 2: The findings for MDRA 14 -006, 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 gated entry for the four -lot residential
subdivision at the southerly terminus of Toothrock Road is designed to
accommodate a public recreation trail which bisects the subdivision and connect
with other public trails in the area, and emergency vehicle access. Therefore, the
development respects the interdependence of land values and aesthetics to the
benefit of the City.
B. The project encourages the orderly and harmonious appearance of structures
and properties within the City in that the proposed gated entry has been
designed to be visually pleasing, and consists of decorative iron.
C. The project will not have an adverse health, safety or aesthetic impact upon
adjoining properties in that the proposed gated entry has been designed to be
visually pleasing, and consists of decorative iron.
Section 3: The City Council hereby approves MDRA 14 -006, as shown on the
approved plans on file in the City, subject to the following conditions:
Resolution No. P -14 -04
Page 2
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.
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:
1. 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. The additional improvements shall be coordinated with the improvement
plans for subdivision TM- 03 -02. A construction change to the
improvement plans shall be submitted and approved.
Resolution No. P -14 -04
Page 3
4. Water Quality Control — Design and Construction
A revision and /or addendum to the Water Quality Technical Report
(WQTR) prepared for Grading Permit G1521 -05 site shall be.submitted to
address the impact of the additional runoff to the storm water treatment
facilities. The report revision shall include necessary changes to the
operation and maintenance plan. The revision shall be approved prior to
the approval of the improvement plan construction change.
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.
6. 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 of
the Development Services Department. All appropriate fees shall be paid
prior to permit issuance.
7. Any private improvements within any publically held easement or Right -of-
Way may require an Encroachment Agreement as determined necessary
by the City Engineer. All necessary Encroachment Agreements shall be
submitted and approved prior to permit issuance.
8. The existing PRIVATE ROAD, DRAINAGE AND LANDSCAPE
MAINTENANCE AGREEMENT, document # 2009 - 0397981, recorded July
20, 2009, shall be amended to include the repair and maintenance of the
proposed private entry gate, or a separate agreement shall be recorded to
establish a method for the repair and maintenance of said gate among
existing and future lot owners.
(Fire Department)
9. The electric powered gate across the private road shall be equipped with
a Knox override key switch. This switch is ordered through the City of
Poway Fire Department.
10. The approved key- operated switch shall be dual keyed, or dual switches
shall be provided, to facilitate access by law enforcement personnel.
(Public Works)
11. A minimum of six feet of unobstructed width shall be maintained for the
public recreation trail in the immediate vicinity of the gate and shown on
the site plan included with the Building Permit.
12. A new 10- foot -wide public recreation trail easement shall be provided on
the east side of the proposed vehicle turn out area to connect the public
recreation trail within the project site with the existing worn trail /dirt road
on the adjoining property east of the project site, as shown on the exhibit
in the City's project file.
Resolution No. P -14 -04
Page 4
F. Prior to final inspection:
1. 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.
Section 4: 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,
State of California, this 15th day of July 2014.
Don Higginson, Mayor
ATTEST:
Sheila R' �,gbian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution No. P- 14 -04, was duly
adopted by the City Council at a meeting of said City Council held on the 15th day of
July 2014, and that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
N -9 �'Oa 'Iull
She I,R. Cobian, CMC, City Clerk
City of Poway