Poway City Council
April 4, 2023

April 4, 2023, Item #8
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
April 4, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /M
Austin Silva, Senior Planner AS
858-668-4658 or [email protected]

CITY COUNCIL
Development Review 22-0004; a request for approval of the siting and design of 10 single-family dwelling units, a gate on a private street at the terminus of Larchmont Street and making the determination that the project is within the scope of the Mitigated Negative Declaration, which was approved in conjunction with the approval Tentative Tract Map 16-001 on March 20, 2018 The applicant is requesting approval a Development Review (DR) for the siting and design of 10 single­ family dwelling units and a gate on a private street at the terminus of Larchmont Street within the Rural Residential A and C zones.

Recommended Action:

It is recommended the City Council take public input and adopt the Resolution (Attachment A) approving DR22-0004 for the siting and design of 1 O single-family dwelling units, a gate on a private street and making the determination the project is within the scope of the Mitigated Negative Declaration, which was approved in conjunction with the approval of Tentative Tract Map 16-001 on March 20, 2018.

Discussion:

The applicant is New Pointe Communities, and the property owner is New Pointe Investment 43, LLC.

The applicant is requesting approval of a Development Review (DR) for the siting and design of 1 O single-family residences and a gate on a private street at the terminus of Larchmont Street within the Rural Residential A (RR-A) and Rural Residential C (RR-C) zones as shown on Attachment B.

On March 20, 2018, TTM16-001 was approved for the subdivision of 80 acres into 10 residential lots ranging in size from one to seven acres, a separate lot for a stormwater treatment facility and a 40- acre habitat conservation parcel. On August 16, 2022, the Final Map was approved for the subdivision.

The subdivision was approved utilizing "lot-averaging" with the building pads located on the western portion of the site, resulting in approximately 59 acres of the 80-acre project site preserved as open space. Lot averaging generally involves the clustering of homes on smaller lots, with no overall increase in allowable unit density, so larger areas of open space can be preserved. The property 1 of26
April 4, 2023, Item #8
contains approximately nine acres of the western portion that is in the RR-C zone and the remaining 71 acres are in the RR-A zone.

For subdivision tract developments, the Poway Municipal Code requires at least three different floor plans and three different fa~ade treatments for each floor plan. The three floor plans range in size from 3,501 square feet to 3,991 square feet (Attachment C). The homes feature a contemporary farmhouse architecture style by incorporating board and batten siding, shiplap siding, stucco, stone and brick veneer, outlookers, dormers, varied garage door types, varied front door types, awnings with standing seam metal roofs, pitched roofs for the main roof structure with asphalt composition shingles. The variation in the fa~ade treatments is demonstrated in the colored renderings (Attachment D). The proposed homes are consistent with development standards for their respective zones, including setbacks, lot coverage, and building height.

Also included as part of this DR request, is a proposed automatic entry gate that will be located on a newly constructed private portion of Larchmont Street. The gate will have two stone veneer pilasters on each side of the street that are six feet-six inches tall. The gate will be a black steel picket style. The details of the gate are shown on Attachment E.

Environmental Review:

Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, a subsequent environmental document, or any additional environmental review or notice, is not required since the project is within the scope of the Mitigated Negative Declaration, which was approved in conjunction with the approval Tentative Parcel Map 16-001 on March 20, 2018.

Fiscal Impact:

None.

Public Notification:

A public notice was mailed to property owners located within 500 feet of the project site.

Attachments:

A. Resolution
B. Zoning and Location Map
C. Floor Plans
D. Colored Renderings
E. Gate Details
Reviewed/Approved By:

Wend~ aserman
Assistant City Manager
2 of 26
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
April 4, 2023, Item #8
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
22-0004, ALLOWING FOR THE SITING AND DESIGN OF 10

SINGLE-FAMILY DWELLING UNITS AND A GATE ON A PRIVATE
STREET (ASSESSOR PARCEL NUMBER 314-370-05)
WHEREAS, the City Council considered Development Review (DR) 22-0004; a request for approval for the siting and design of 10 single-family homes and a gate on a private street located at the terminus of Larchmont Street in the Rural Residential A (RR-A) and Rural Residential C (RR-C) zones
WHEREAS, on April 4, 2023, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all 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: Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, a subsequent environmental document, or any additional environmental review or notice, is not required since the project is within the scope of the Mitigated Negative Declaration, which was approved in conjunction with the approval Tentative Parcel Map 16-001 on March 20, 2018.

SECTION 2: The findings for DR22-0004, in accordance with the Poway Municipal Code (PMC) 17.52.010 Purpose of Development Review, are made as follows:

A. The project has been designed to be architecturally compatible with surrounding development by utilizing materials commonly found in surrounding neighborhoods such as stucco, siding and brick or stone veneers. 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 development by providing three fa~ade treatments per floor plan and adhering to the development standards for the RR-A and RR-C zones. 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 DR 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 subdivision. Further, the 10 homes comply with the development standards for the RR-A and RR-C zones.

D. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan. The homes feature a contemporary farmhouse architecture style by incorporating board and batten siding, shiplap siding, stucco, stone and brick veneer, 3 of26 ATTACHMENT A
April 4, 2023, Item #8
Resolution
No.
23-
Page
2 outlookers,
dormers,
varied
garage
door
types,
varied
front
door
types,
awnings
with
standing
seam
metal
roofs,
pitched
roofs
for
the
main
roof
structure
with
asphalt
composition
shingles.

SECTION
3:

The
findings,
in
accordance
with
Government
Code
Section
66020
for
the
public improvements
needed
as
a
result
of
the
proposed
development
to
protect
the
public
health,
safety
and
welfare,
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.

8. 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:

1. Water
and
sewer
lines;

2. Onsite
fire
hydrants;

3. Onsite
drainage
improvements;

4. Public
recreation
trails
through
the
site.

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
4:

The
City
Council
hereby
approves
DR22-0004,
as
shown
on
the
approved
plans
incorporated
herein
by
reference
and
stamped
as
"Exhibit
A"
dated
April
4,
2023
(Exhibit
A
hereinafter)
on
file
with
the
Development
Services
Department,
except
as
noted
herein
and
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
reasonable
attorney's
fees,
collectively
the
"Claims"
against
the
City
or
its
agents,
officers,
or
employees,
relating
to
the
issuance
of
any
aspect
of
the
project
approval
set
forth
in
this
resolution,
including,
but
not
limited
to,
any
action
to
attack,
set
aside,
void,
challenge,
or
annul
this
development
approval
(including
but
not
limited
to
DR22-0004)
and
any
environmental
document or
decision
made
pursuant
to
CEQA.

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.

Notwithstanding
the
foregoing,
no
indemnity
shall
be
required
for
claims
resulting
from
the
exclusive
gross
negligence
or
willful
misconduct
of
the
City
.

8. This
approval
is
based
on
the
existing
site
conditions
and
proposed
project
details
represented
on
the
approved
plans
stamped
"Exhibit
A"
and
on
file
at
the
Development
Services
Department.

If actual
conditions
and
details
vary
from
representations
on
Exhibit
A,
the
approved
plans
must
be
changed
to
reflect
the
existing site
conditions
and
proposed
project
details
.

Any
substantial
changes
to
the
approved
plans
must
be
approved
by
the
4 of
26 April 4, 2023, Item #8
Resolution No. 23-

Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans. This matter does not include the residential housing design or development review of any of the residential lots, which would be subject to a subsequent minor development review or development review permit approval.

C. Prior to issuance of any permit, the applicant shall (1) submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property notarizing and recording said document. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site.

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. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and noise levels. A Construction Noise Management Plan (CNMP) shall be prepared and submitted to the City of Poway Planning Division for its review and approval. Prior to the issuance of a Building Permit, construction plans shall also include a note indicating compliance with the CNMP is required. The CNMP shall be prepared or reviewed by a qualified acoustician (retained at the project applicant/owner or construction contractor's expense).

F. The height of the homes on Lot 9 and Lot 10 shall be limited to 28 feet.

G. Prior to building permit issuance, unless other timing is indicated, the following conditions shall be complied with:
5 of 26
(Engineering)

1. The Public Improvement plan shall be approved, and the applicant shall enter into a Standard Agreement for Public Improvements. The applicant will be responsible for posting securities for public improvements.

2. 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 the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City.

3. 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.

4. 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 April 4, 2023, Item #8
of
work
.

Resolution
No
. 23-
Page
4 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. 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.

6. The
applicant
shall
pay
all
applicable
development
impact
fees
in
effect
at
time
of
permit
issuance
.
(Planning) 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. 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)
679-2570.

9. An
Affordable
Housing
In-Lieu
Fee
of
$500
for
each
market-rate
dwelling
unit
shall
be
collected
prior
to
the
Building
Permit
issuance.
10 . The
residences
shall
be
equipped
with
low-flow
plumbing
fixtures
.
11 . Exterior
building
materials
and
finishes
shall
reflect
the
approved
elevations
(Exhibit
A)
on
file
with
the
City
and
the
conditions
of
approval,
and
shall
be
noted
on
the
building
plans,
to
the
satisfaction
of
the
Director
of
Development
Services.
12 . A
deed
covenant
regarding
the
height
limit
specified
in
Condition
of
Approval
F
shall
be
recorded
on
Lot
9 and
Lot
10 .

H.

Prior
to
Issuance
of
a
Certificate
of
Occupancy
the
applicant
is
required
to
comply
with
the
following
:
6 of
26 (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
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.

3. An
adequate
drainage
system
around
the
new
building
pads
capable
of
handling
and
disposing
all
surface
water
shall
be
provided
to
the
satisfaction
of
the
Engineering
Inspector
.

April 4, 2023, Item #8
Resolution No. 23-

4. 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.

5. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy.

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 (i.e., at least three weeks prior to a request for occupancy is recommended). All other final reports and agreements, as outlined in Section

16.52.130 of the Grading Ordinance are to be approved
(Planning)

7. Landscape and irrigation shall be installed and maintained in accordance with the approved landscape and irrigation plans on file with the City of Poway Planning Division. All landscaping shall be maintained in a thriving condition.

8. The site shall be cleared of all construction materials, supplies, and equipment.

9. All light fixtures shall be designed, shielded and adjusted to reflect light downward, away from any road or street, and away from any adjoining premises.

I. The applicant shall comply with the following requirements to the satisfaction of the Fire Department:
7 of26

1. Lyon Estates is located within the very high fire hazard severity area and shall comply with the California Fire Code, California Building Code, and the PMC.

2. Ignition Resistant Class I construction is required as described in the California Building Code Chapter 7 A.

3. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings will be constructed. A new water main and fire hydrant shall be located within 600-feet of any residential structure following an approved route. A water analysis shall be performed to establish the adequacy of the existing water main and all necessary system design to serve the project. Costs of the water analysis shall be the responsibility of the applicant.

4. The approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on site.

5. All structures shall be accessible to Fire Department apparatus by way of access roadways/driveways with an all-weather driving surface of not less than 16 feet of unobstructed width and minimum 13'6" vertical clearance, with turning radiuses of not less than 28 feet, and capable of supporting the imposed loads of a fire apparatus at not less than 75,000 pounds.

April 4, 2023, Item #8
8 of 26
Resolution No. 23-

6. The approved fire apparatus access roadways/driveway for fire protection, either temporary or permanent shall be made available as soon as combustible material arrives on site.

7. Fire apparatus access roadways/driveways shall extend to within 150 feet of all portions of the exterior walls of all structures as measured by an approved route around the exterior of the building.

8. The gradient for a fire apparatus access roadways shall not exceed 20 percent.

Grades exceeding 15 percent shall be constructed of Portland Cement Concrete (PCC), with a deep broom finish perpendicular to the direction of travel.

9. The angle of departure and the angle of approach of a fire access roadway shall not exceed 12 percent.

10. All dead-end fire access roadways greater 150 feet in length shall be provided with approved fire apparatus turn around. A 38-foot cul-de-sac shall be provided in residential areas where the access roadway serves more than two structures.

11. Fire apparatus access roadways, permanent or temporary, shall satisfactorily pass all required tests and Inspections, and be approved by the City.

12. Approved address numbers shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway/driveway fronting the property from either direction of approach. Address numbers shall contrast with their background and meet the City of Poway standards.

The address is required at the private driveway entrance. Additional address numbers may be required where deemed necessary by the fire code official.

13. Structures located within the very high fire hazard severity area shall be setback a minimum of 30 feet from property lines and biological open space easements.

14. Single-story structures within the very high fire hazard severity area shall be setback a minimum 15-feet horizontally from top of slope to the farthest projection from a roof.

A two-story structure shall be setback a minimum of 30-feet horizontally from top of slope to the farthest projection from a roof.

15. This project shall comply with Section Four of the City of Poway Landscape and Irrigation Design Manual and PMC 15.24 as it relates to fuel management and defensible space. 100 feet of fuel management consisting of 40-feet of Zone A and 60-feet of Zone B, is required. 10 feet of vegetation fuel modification, meeting Zone B requirements, shall be maintained on both sides of the fire apparatus access roadway/driveway fronting the property when not already within a fuel modification zone. Mitigation shall be required where 100 feet of defensible space fuel modification zones cannot be achieved within the parcel boundaries. FMZ's shall not cross over parcel boundaries.

When 100 feet of fuel management cannot be achieved within the parcel boundaries the applicant shall contact the Deputy Fire Marshal at (858) 668-4471 to review your proposed mitigation options.

April 4, 2023, Item #8
Resolution No. 23-

16. All flammable vegetation within the approved fuel modification zone shall be removed prior to the arrival of combustible material on the site and shall be maintained during the duration of the project until all elements of the approved fuel modification zones are installed and approved.

17. All automatic gates across fire apparatus access roadways/driveways shall be equipped with a Knox Gate Key Switch.

18. A residential fire sprinkler system with a one-inch water meter and lateral line is required. A separate plan submittal for review and approval is required to the Poway Fire Department prepared by a licensed sprinkler contractor prior to installation. If a pressure pump is required for fire sprinkler operation, auxiliary power is required.

19. Smoke alarms shall be installed in all bedrooms and adjoining hallways. They shall be hard-wired, with battery backup, and interconnected.

20. Carbon monoxide alarms shall be installed in hallways adjoining bedrooms, and on each separate floor. The carbon monoxide alarms shall be hard-wired, with battery backup, and interconnected.

21. Each chimney used in conjunction with any fireplace shall be equipped with an approved spark arrester.

22. If liquid propane gas is used as a primary utility source, tank installation and use shall comply with California Fire Code. Reflect the tank size, location, and structure/lot line separations.

SECTION 7: The approval of DR22-0004 shall expire April 4, 2025, at 5:00 p.m., unless prior to that time a Building Permit has been issued and construction has commenced on the property unless prior to the expiration, a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council.

SECTION 8: 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 at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of April, 2023 by the following vote, to wit:
9 of 26
April 4, 2023, Item #8
AYES
:

NOES: ABSENT: DISQUALIFIED
:

ATTEST: Carrie
Gallagher,
CMC
, City
Clerk
10 of
26 Steve
Vaus,
Mayor
Resolution
No
. 23-
Page
8 April 4, 2023, Item #8
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Subject Locations
City of Poway
Zoning / Location Map
Item: DR22-0004
0 250 500 1,000
Feet

ATTACHMENT B
April 4, 2023, Item #8
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POWAY, CA
NEW POINTE COMMUNITIES, INC.
16880 W. BERNARDO DRIVE STE. 110
SAN DIEGO, CA 92127
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16880 W. BERNARDO DRIVE STE. 110
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