Res P-15-03RESOLUTION NO. P -15 -03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 14 -001 AND
MINOR DEVELOPMENT REVIEW APPLICATION 14 -014
ASSESSOR'S PARCEL NUMBER 321 - 271 -06
WHEREAS, the applicant, on behalf of the property owner, has submitted an
application to the City proposing a three -lot residential subdivision of a 33.8 -acre site
located on the west and east sides of Millards Road at Poway Road. The proposal also
includes grading for three building pads, public and private improvements, and
construction of an approximate 9,700- square -foot residence on one of the lots, located
on the west side of Millards Road in the Rural Residential A zone; and
WHEREAS, on January 13, 2015, the City Council held a public hearing on the
above - referenced item; and
WHEREAS the City Council has read and considered the agenda report for the
proposed project, and has considered other evidence presented at the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. Seq.), for Tentative Parcel Map (TPM) 14 -001 are
made as follows:
A. That the proposed map is consistent with the objectives, policies, general land
uses and programs of the General Plan in that it proposes to create three
residential lots at a density that is consistent with the General Plan designations
and Poway Municipal Code (PMC) standards.
B. That the design or improvement of the proposed subdivision or lot division is
consistent with the General Plan in that the approved lot sizes and configurations
adhere to the development standards of the General Plan and PMC.
C. That the site is physically suitable for the type of development in that the site is
large enough to provide three lots of regular shape and dimension.
D. That the site is physically suitable for the proposed density of development in that
the site is large enough to provide three lots of regular shape and dimension.
E. That the design of the lot division is not contrary to the policy of the State
legislature as stated in Chapter 1, commencing with Section 21000, of the State
Public Resources Code, or likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat in that the project
has been designed to comply with the Poway Subarea Habitat Conservation Plan
(HCP).
Resolution No. P -15 -03
Page 2
F. That the design of the lot division is not likely to cause serious public health
problems in that City water service is available to the site and preliminary
documentation has been submitted that the lots can be adequately served by
septic waste disposal systems.
G. That the design of the lot division will not conflict with easements, acquired by the
public at large, for access through or use of, property within the proposed
subdivision in that the future development of single - family residences on the site
can be accommodated without obstructing or otherwise impacting existing or new
easements.
Section 2: The findings in accordance with Government Code Section 66020 for the
public improvements 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 services and facilities will be available to serve the project.
B. The construction of public improvements is needed as a result of the proposed
development to protect the public health, safety and welfare.
C. 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.
Section 3: The findings for MDRA 14 -014, in accordance with PMC 17.52.010
Purpose of Development Review, are made as follows:
A. The project has been designed to be architecturally compatible with surrounding
residential development, to minimize landform alteration, and conform to City
zoning, development and grading standards. Therefore, the project respects and
recognizes the interdependence of land values and aesthetics to the benefit of
the City. `
B. The project has been designed to minimize impacts on surrounding residential
development by utilizing earth -tone colored exterior building materials and
an architectural design that is compatible with surrounding development.
Therefore, the proposed development respects the public concerns for the
aesthetics of development, and encourages the orderly and harmonious
appearance of structures and property within the City.
C. The granting of the MDRA would not be materially detrimental to the public
health, safety or welfare within the community since the proposed development
will complete improvements necessary for the new residence.
D. The project has been designed to be consistent with development in the
surrounding residential area by utilizing exterior building materials and an
architectural design that is compatible with nearby residential development.
Resolution No. P -15 -03
Page 3
Therefore, the proposed development respects the public concerns for the
aesthetics of development.
E. The project will not have an adverse effect on the aesthetics, health and safety,
or an architecturally - related impact upon adjoining properties, as the project has
been designed to be consistent with development in the surrounding residential
area by utilizing exterior building materials and an architectural design that is
compatible with nearby residential development.
F. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, as well as the project conforms with the
provisions of the Zoning Code.
Section 4: The City Council hereby approves Tentative Parcel Map 14 -001 and
MDRA 14 -014, as shown on the approved plans on file with 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 request shall not waive compliance with any section of the
Zoning Ordinance or other applicable City ordinances in effect at the time of
Building Permit issuance.
C. This approval is based on the existing site conditions represented on the TPM.
If actual conditions vary from representations, the map must be changed to
reflect the actual conditions. Any substantial changes to the approved TPM, prior
to Parcel Map approval, must be approved by the Director of Development
Services and may require approval of the City Council.
D. The developer is required to comply with the Poway Noise Ordinance (Chapter
8.08 PMC) requirements that govern construction activity and noise levels.
E. Within 30 days of this approval the applicant shall submit in writing that all
conditions of approval have been read and understood.
Resolution No. P -15 -03
Page 4
F. A maximum of one residence on Parcel 2, as shown on TPM 14 -001 and the
approved site plans on file for MDRA 14 -014, shall be permitted on the site until
such time the Final Map has been approved and recorded. Residential
accessory uses and structures, as provided for under the site's zoning, may be
established on the building pads on Parcels 1 and /or 3 through the processing
and approval of an amendment to MDRA 14 -014. After Final Map approval and
recordation, construction of residences on newly established lots shall each
require the submittal and approval of a new MDRA. Establishment of a private
road gate after Final Map approval shall require the processing and City Council
approval of an MDRA.
G. Prior to Final Map approval, unless other timing is indicated, the following
conditions shall be complied with:
(Engineering)
1. The applicant shall include provisions in their design contract with their
design consultants that, following acceptance by the City, all construction
drawings or technical reports accepted by the City (exclusive of
architectural building plans) shall become the property of the City. Once
accepted, these plans may be freely used, copied or distributed by the
City to the public or other agencies as the City may deem appropriate. An
acknowledgement of this requirement from the design consultant shall be
included on all construction drawings at the time of plan submittal.
2. A new trail easement, public utility easements, and storm water facilities
management maintenance access easement are to be dedicated to the
City of Poway on the Final Map. If a residence is constructed on the site
prior to Final Map approval, the applicant shall establish the public utility
and stormwater facility easements prior to issuance of the Building Permit
for the residence.
3. Private utility service and access easements are to be reserved on the
Final Map.
4. Applicant shall enter into a Private Street Maintenance Agreement for the
private road within the subdivision. The form and content shall be in a
form satisfactory to the City Attorney. The applicant shall also enter into a
Private Street Maintenance Agreement for Millards Road.
5. A cash deposit to the City, in an amount equivalent to $100.00 per sheet
of the parcel map, for the mylar reproduction of the recorded tract
map shall be posted. If a mylar copy of the map is provided to the City
within three months of its recordation or prior to Building Permit issuance,
whichever comes first, the security shall then be returned. (See
PMC 16.12.060 B for subdivider's responsibility to provide a reproducible
mylar copy to the City.)
Resolution No. P -15 -03
Page 5
6. The applicant shall pay the drainage impact development fee in effect at
the time of subdivision. Listed below is the current applicable fee:
$1,200 /residential lot (Poway Creek Basin) _ $3,600.00
7. The project requirements for fire protection call for the installation of one
or more fire hydrants and expansion of the public water system necessary
to support the installation of the hydrants. A water system analysis has
been done for the design of the public water system expansion shown on
the TPM. Should the design change, a new water systems analysis may
be required and will be the responsibility of the applicant. In this case, the
applicant shall pay for the cost of preparing the analysis prior to submittal
of improvement plans.
8. A Public Improvement plan shall be submitted per PMC requirements to
the Department of Development Services, Engineering Division.
Improvement design should be 100% complete at time of submittal and
should include the following Public Improvements:
a. Public water improvements and related appurtenances connecting
all three lots and creation of a looped system to the public water
main located in Millards Ranch Road.
b. Easements for the proposed public water lines shall be recorded
prior to the final map.
9. 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 and
monumentation.
10. A fee of $1,100.00 per sheet of the Final Map for plan check is required.
11. Prior to Final Map approval or Certificate of Occupancy for any residence
on the site, whichever occurs first, all stormwater facilities shall be
operational, and all reports, operation & maintenance reports, and
agreements shall be signed, and recorded as applicable, including the
final Water Quality Technical 'Report (WQTR), if necessary, final Storm
Water Management Facilities Maintenance Agreement (SWMFMA) and
the final Operations and Maintenance plan. This includes all portions of
the private road, on all three proposed parcels. All signed documents
shall also be provided to the city on Adobe Acrobat PDF format, with file
sizes less than 10 megabytes.
(Planning)
12. The Biological Conservation Easement and Open Space Easement,
pursuant to Condition of Approval H.9 and H.10, shall be depicted on the
Final Map.
Resolution No. P -15 -03
Page 6
(Public Works)
13. A public recreation trail easement, as shown on the approved TPM on file
with the City, shall be dedicated on the Final Map to satisfaction of the
Directors of the Public Works Department and the Development Services
Department.
H. Prior to Grading Permit issuance, unless other timing is indicated, the following
conditions shall be complied with:
(Engineering)
1. 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.
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
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. A drainage study addressing the impacts of the 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. The project shall comply with all requirements of the SUSMP chapter of
the PMC as applicable.
5. The requirements of the applicable permit issued by the Regional Water
Quality Control Board shall be met. The preliminary WQTR shall be
completed and approved by the City, and the preliminary Operation and
Maintenance Agreement shall be approved. The preliminary SWMFMA
shall be approved. All signed documents shall also be provided to the City
on Adobe Acrobat PDF format, with file sizes less than 10 megabytes.
6. Grading securities in the form of a performance bond and a cash deposit,
or a letter of credit shall be posted with the City prior to grading plan
approval. A minimum cash security of $2,000 is required in all instances.
7. Construction staking is to be installed and 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.
Resolution No. P -15 -03
Page 7
8. Following approval of the grading plans, posting of securities and fees,
and receipt of five 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.
(Planning)
9. Prior to approval of Final Map, Grading Permit or Administrative Clearing
Permit, whichever occurs first, the applicant shall mitigate impacts to
natural habitat as specified in the project Biological Report on file with the
City. The mitigation requirement will be achieved by recordation of a
Biological Conversation Easement (BCE) over approximately 6.4 acres of
remaining habitat on the site, which is in the Mitigation Area. A legal
description and plat of the BCE area shall be prepared and stamped by
the project engineer, and submitted to the Planning and Engineering
Divisions for review. Easement review fees are required and are the
responsibility of the applicant. The BCE shall be approved by the City
Attorney, and shall be notarized and recorded with the County of San
Diego. In compliance with the HCP, the City shall subsequently re -zone
the mitigation land to Open Space- Resource Management to ensure its
permanent preservation. The BCE limits shall be shown on the grading
plan and on the Final Map. The applicant shall be responsible for
installing City- issued signs to be posted on the site identifying the limits of
the BCE upon establishment of the BCE. The balance of the mitigation
requirement shall be satisfied by recordation of a BCE on other property
that is within the Mitigation Area or by payment of the established "in lieu"
City fee in effect at the time of payment. It is acknowledged that the
applicant intends to pursue annexation of the portion of the project site
which is east of Millards Road into the Mitigation Area. In this case, and
provided the annexation is approved by the City and the Department of
Fish and Wildlife, mitigation may occur by recordation of a BCE on that
portion of the site. Also in this case, the applicant may pay the in lieu fee
while working on the annexation. If the area south /southeast of Millards
Road is annexed into the Mitigation Area, the City will refund the fee
payment upon execution of the BCE in this area.
10. Prior to approval of the Final Map, Grading Permit or Administrative
Clearing Permit, whichever occurs first, if the portion of the site east of
Millards Road is annexed into the Mitigation Area the applicant shall
record an Open Space Easement (OSE) over remaining habitat on the site
which is east of Millards Road. Recordation of the OSE shall not preclude
this area from further encumbrance with a BCE for project mitigation or for
mitigation for other projects if the area is annexed into the Mitigation Area.
A legal description and plat of the OSE area shall be prepared and
stamped by the project engineer, and submitted to the Planning and
Engineering Divisions for review. Easement review fees are required and
are the responsibility of the applicant. The OSE shall be approved by the
City Attorney, and shall be notarized and recorded with the County of San
Diego.
Resolution No. P -15 -03
Page 8
11. In accordance with Condition H of the Poway HCP 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. Therefore, grading and removal of habitat 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 grading, if active nests are
found within 500 feet of the grading, the grading activity 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 during
nesting season.
Before issuance of a Clearing /Grading Permit, if grading or clearing 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 a 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.
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. Should the report show, to the satisfaction of
the Director of Development Services, that gnatcatcher nests are not
present within the area to be graded /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.
If gnatcatchers are nesting within the area to be graded /cleared, or within
CSS habitat located within 500 feet of said area, no grading will be
allowed during this time until such time as mitigation measures, to the
satisfaction of the City and the USFWS are implemented.
The biologist must attend the City's pre- construction meeting for the
project and must be present 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 within the area to be cleared /graded 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
Resolution No. P -15 -03
Page 9
discovered, the 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 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 /grading plan.
At a minimum, all protected biological areas, as shown on the grading
plan, shall be staked by a licensed surveyor and delineated with lathe and
ribbon. The applicant shall have said staking inspected by the
Engineering Inspector prior to any grading, clearing or grubbing. 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.
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.
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 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.
12. A qualified archeologist shall be present at the subject site to monitor any
ground disturbing activities, including, but not limited to, proposed
excavation for driveway, building pad, accessory structures utility
trenching or construction of storm water improvements. The purpose of
the monitoring is to ensure that if buried cultural materials are present,
they will be handled in a timely and proper manner. Prior to issuance of a
Grading Permit, the applicant shall provide written verification that a
certified archaeologist has been retained to implement the monitoring
program. This verification shall be presented in a letter from the project
archaeologist to the City of Poway — Planning Division.
13. . In the event that previously unidentified cultural resources are discovered,
the archaeologist shall have the authority to divert or temporarily halt
ground disturbance operations in the area of discovery to allow for the
evaluation of potentially significant cultural resources. The archaeologist
shall contact the City of Poway at the time of discovery. The
archaeologist, in consultation with the City of Poway, shall determine
the significance of the discovered resources. The City of Poway must
concur with the evaluation before construction activities will be allowed
to resume in the affected area. For significant cultural resources, a
Research Design and Data Recovery Program to mitigate impacts shall be
Resolution No. P -15 -03
Page 10
prepared by the consulting archaeologist and approved by the City of
Poway before being carried out using professional archaeological
methods. If any human bones are discovered, the County Coroner and
the City of Poway shall be contacted. In the event that the remains are
determined to be of Native American origin, the Most Likely Descendant,
as identified by the Native American Heritage Commission shall be
contacted in order to determine proper treatment and disposition of the
remains.
Before construction activities are allowed to resume in the affected area,
the artifacts shall be recovered and features recorded using professional
archeological methods for an adequate artifact sample for analysis.
All cultural material collected during the grading monitoring program shall
be processed and curated according to the current professional repository
standards. The collections and associated records shall be transferred,
including title, to an appropriate curation facility, to be accompanied by
payment of the fees necessary for permanent curation.
A report documenting the field and analysis results, and interpreting
the artifact and research data within the research context shall be
completed and submitted to the satisfaction of the City of Poway prior to
the issuance of any Building Permits. The report shall include the required
archaeological forms.
14. A qualified professional shall be present at the subject site to monitor any
ground disturbing activities, including, but not limited to, proposed
excavation for driveway, building pad, accessory structures utility
trenching or construction of storm water improvements. The purpose of
the monitoring is to ensure that if buried paleontological resources are
present, they will be handled in a timely and proper manner. Prior to
issuance of a Grading Permit, the applicant shall provide written
verification that a qualified professional has been retained to implement
the monitoring program. This verification shall be presented in a letter
from the project archaeologist to the City of Poway — Planning Division.
15. At a minimum, all protected areas, as shown on the clearing, building site,
and /or grading plans, shall be staked by a licensed surveyor, and
delineated with lathe and ribbon. The applicant shall have said staking
inspected by the Engineering Inspector prior to any grading, clearing or
grubbing. 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.
16. Landscape and irrigation plans shall be submitted prior to issuance of
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 /or any other applicable standards /policies in effect at the time of
Resolution No. P -15 -03
Page 11
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.
Prior to Building Permit issuance for any future development the applicant is
required to 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 of lots shall be in accordance with current
applicable requirements, the approved grading plan, the approved soils
report, and grading practices acceptable to the City.
2. 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.
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, please submit the following:
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.
4. 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.
5. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance. The following is a list of the currently estimated
fees due for Parcel 2:
a)
Water (1" Meter)
$5,448
b)
Traffic
$2,304
c)
Park
$4,562
d)
Fire Apparatus
$122.03
There is also a required fee to the San Diego County Water Authority in
the amount of $7,490 for a 1" meter.
Resolution No. P -15 -03
Page 12
(Planning)
6. A Minor Development Review Application shall be required for each
additional new residence on Parcels 1 and 3.
7. Applicable school fees in effect at the time of Building Permit issuance
shall be paid.
8. The developer is advised that, pursuant to PMC 17.26.100 through
17.26.300, single - family residential development shall provide that 15
percent of the units created shall be affordable to low- income households.
The developer of for -sale housing may, in lieu of providing required
inclusionary housing onsite or offsite, pay an Affordable Housing In -Lieu
Fee to the City in accordance with the provisions of the referenced Section
prior to issuance of a Building Permit.
9. The maximum height of any fence or wall, or any combination thereof,
shall not exceed six feet. However, within the required 40 -foot front yard
setback, at a minimum, the top two feet of a six -foot fence or wall shall be
constructed of open fencing. Any retaining walls shall be of decorative
block or stucco finish consistent with the exterior of the proposed
residence.
10. The residence shall be equipped with water - efficient plumbing fixtures as
required by PMC 17.07.020.
11. Exterior building materials and finishes shall be noted on the building
plans and shall be consistent with the color and material board on file with
the City.
J. Prior to issuance of a Certificate of Occupancy the applicant is required to
comply with the following:
(Engineering)
1. 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.
2. The private road shall be completed.
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 streets caused by construction activity from this project.
Resolution No. P -15 -03
Page 13
6. 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.
7. See Condition of approval G.11 for stormwater requirements.
K. The following requirements shall be completed to the satisfaction of the Director
of Safety Services:
1. 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.
2. This project shall comply with all current, applicable codes including the
PMC and its adoption of the California Building Code, California Fire
Code, California Residential Code and International Wildland -Urban
r., Interface Code.
3. A water main and fire hydrant capable of supplying the required flow is
required as shown on the approved TPM, and pursuant to the water
systems analysis done for the project, on file with the City.
4. Fire apparatus access roads shall have an unobstructed, improved width
of not less than 20 feet, except single - family residential driveways serving
no more than two improved parcels containing dwelling units shall have a
minimum of 16 feet of unobstructed improved width. Access roadways
shall have an all- weather driving surface, a roadway interior turning radius
of not less than 28 feet, an outside turning radius of not less than 45 feet,
and be capable of supporting the imposed loads of fire apparatus
with a minimum of 13 feet, 6 inches of vertical clearance. Cul -de -sac
turnarounds shall be a minimum of 76 feet in diameter. The Fire Chief,
pursuant to the PMC, shall approve the road surface type. Access road
grades cannot exceed 20 %. The angle of departure and the angle of
approach of a fire access roadway shall not exceed 7 degrees (12 %).
Dead -end access roadways in excess of 150 feet long shall be provided
with approved provisions for turning around of Fire Department apparatus.
5. Fire hydrant(s), equipped with one 4 inch NST outlet and one 2 Y2 inch
NST outlet, supplied by a minimum 8 inch main, shall be provided as
shown on the approved TPM on file with the City, measured following an
approved pathway. Fire hydrant flow shall exceed a minimum of 1,500
GPM with a residual flow pressure of 20psi. The water flow velocity is not
to exceed 15 feet per second and be capable of providing uninterruptible
flow capacity.
Resolution No. P -15 -03
Page 14
6. 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.
7. All new structures will require installation of a NFPA - compliant fire
sprinkler system with no less than a 1 inch water meter and 1 inch service
lateral. 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 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.
8. Ignition- resistant construction, Class 1, is required.
9. 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
pounds) 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. The proposed 12 foot bridge as shown is acceptable. The
bridge must meet surface and load limit requirements.
10. The gradient for a fire apparatus access roadway shall not exceed 20-
percent. Grades exceeding 15 percent shall be constructed of cement
concrete.
11. Any future driveway on Parcel 1 or 3 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 driveways.
12. If liquefied gas (propane) is used as a primary utility source, show the tank
size, location of the tank on the parcel, orientation of the tank to building,
and the method of securing the tank to the ground, on the building plans.
13. 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.
14. All automatic gates across fire access roadways and driveways shall be
equipped with approved, emergency key- operated switches overriding all
command functions and opening gates. A dual -keyed or dual switches
shall be provided to facilitate access by law enforcement.
Resolution No. P -15 -03
Page 15
15. An 80 percent structure setback (measured from the top of the slope to
the farthest projection from the roof) is required. Every 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.
16. The project 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 consisting of 40 feet of Zone A and 60 feet of Zone B, is
required. Mitigation is required where 100 feet of fuel management
cannot be achieved within the parcel boundaries. Ten feet of vegetation
fuel modification shall be maintained on both sides of driveway. Mitigation
is required where 100 feet of fuel management cannot be achieved within
parcel boundaries. The landscape plan requires a separate landscape
and irrigation plans submittal prepared pursuant to the City of Poway
Landscape and Irrigation Design Manual requirements. There is a
separate fee for this plan check and inspection service. The applicant
shall submit and receive signed approval of landscape and irrigation plans
prior to the issuance of the Building Permit.
17. 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.
18. 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.
19. Each chimney used in conjunction with any fireplace shall be equipped
with an approved spark arrester.
Section 5: The approval of TPM 14 -001 shall expire on January 13, 2017, at 5:00
p.m. The Final Map conforming to this conditionally approved Tentative Parcel Map
shall be filed with the City so that the City may approve the Final Map before this
approval expires, unless at least 90 days prior to the expiration of the Tentative Parcel
Map, a request for a time extension is submitted to the Development Services
Department and a time extension is subsequently granted by the City Council. The
approval of MDRA 14 -014 shall expire on January 13, 2017, at 5:00 p.m., unless prior to
that time a Building Permit has been issued and construction has commenced on the
property.
Resolution No. P -15 -03
Page 16
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 13th day of January, 2015.
Steve Vaus, Mayor
ATTEST:
Sheila Cobian, 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 penalty of perjury that the foregoing Resolution No.. P -15 -03 was duly adopted by
the City Council at a meeting of said City Council held on the 13th day of January 2015,
and that it was so adopted by the following vote:
AYES: CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheila obian, CMC, City Clerk
City of Poway