Item 4.1 - MDRA 14-006 High Valley Toothrock LLC Request to Install Gated EntryOF POW�Y
City of Poway
F d„, COUNCIL AGENDA REPORT
- Cam, fN THE ADO '
DATE: July 15, 2014
APPROVED
�.
APPROVED :AS AMENDED
❑
• (SEE MINUTES)
.DENIED
-REMOVED _
❑> . '
CONTINUED
Resolution =No.` - Iq _0q
'TO: Honorable,'Mayor,and; Members of the City °Council
FROM: Daniel Singer, City Manager
INITIATED BY:= Robert J.;Manis, Director of Dev opment Services
Rich Whipple, City Planner
Jason Martin, Senior Planner-'
SUBJECT: ..,Minor Development Review Application ,(MDRA) .14 -006;
High Valley Toothrock LL_C, Applicant-.;_-A request to install ,a
gated entry on ,a private road.. for a 4 -lot residential.. project
located at the so.uthedy.terminus of Toothrock'Road. .
APNs: 321 - 100 =43 and 46
_Summary:
This is a request to install a- gated entry4on a,private road for a four -lot residential project
located at the southerly terminus of 7oothrock Road. It is City Councils policy that .
requests for entry gates on private roads be brought before the City Council'.for,
consideration. `TheI design of the gated entry- for this subdivision will„ accommodate
public access toy a recreation trail that bisects the- - project site, •whi'dWwill connect`'to
existing trails to the west 'and south. The gated entry will, also incorporate hardware
'to ensure emergency vehicle access.
.Recommended Action:
It* is recommended that the "City=`-Council approve MDRA • 14-006, pursuant to..the
attached ,Resolution (Attachment A).
Background`:
In 2005; the City Council approved a five =lot "'subdivision. under Tentative Tract Map
(TTM) 03 -02, which consists of four residential lots ranging: in'sizd Dorn- fourto ,six;acres,
one 65 -acre open space lot, and public recreational "trails. Subsequently, 'the-.City
-Council approved'the Final Map ,for ,the, project, and City staff approved ,the project's
grading plan and= street:improvement plan: The site has been graded =and somerof the
infrastructure improvements. have been --constructed. However, as a result' of the
economic recession, homes were never constructed and the site has been, the 'subject
of-'a- foreclosure. The new owner of the project site, High -Valley.,Toothrock' LLC, wishes
to install !an entry gate that would ultimately serve future residents; ,`and also prevent-the
loitering - and trespassing activity.that�bureently: occurs on the.site.
Findings:
The project site is located at the southerly terminus of Toothrock Road; ,:which' is a,
private road located east of Espola, Road on the south side of High"' Valley Road, , and
1 of 12 July 15,, 2014 Item # ail.
MDRA 14 -006
July 15, 2014
Page 2
within the Rural Residential A zone. The location and zoning map is included as
Attachment B.
A copy of a portion of the project's Final Map, which shows the four residential lots,
the terminus of Toothrock Road and trails that will bisect the site, is included as
Attachment C.
The gated entry for the subdivision would be installed over Toothrock Road on private
property as shown on the exhibit included as Attachment D. The gate call box is
located along a proposed vehicle turn out area on the easterly side of Toothrock Road.
Placement of the turnout area and call box in this location is not a conventional design
since it will require vehicles that do not have automated entry through the gate (i.e. non-
residents) to cross a lane of oncoming traffic to access the call box. However since the
gate serves only four lots, the number of vehicles using the call box and vehicles
coming from the residences will be minimal. Also important to note is that a
conventional design would necessitate grading. The gated entry will be equipped with
hardware that will ensure emergency vehicle access.
The applicant has provided a manufacturer's specification of the proposed gate, which
is included as Attachment E. The gate is decorative iron, however, no detail has been
provided by the applicant on the exterior design of columns that may be used to support
the gate. The site plan does show the potential location of a pair of four foot by four foot
columns. The applicant has indicated that they may use columns or they may use iron
poles to support the gate and they prefer to maintain the flexibility for either. If columns
are used, the applicant has indicated that they would be masonry block that is either
stuccoed or surfaced with rock veneer. The height of the columns or iron poles is
limited to seven feet and will be ensured through plan review for the building permit.
The gated entry has been designed to accommodate public access along a recreational
trail easement that is located on the east /southeast side of Toothrock Road. The
trail will provide public access to existing trails that are west and south of the project site
as depicted on Attachments C and D. It is acknowledged that vehicles using the
call box to gain entry through the gate will be briefly situated in the trail easement
area. However, as noted above, the number of vehicles using the call box will be
minimal. In the unlikely event of a conflict, trail users can either wait for the vehicle
to move, or they could easily go around the vehicle.
To further promote public access on recreational trails in the area, the applicant has
agreed to provide a trail easement that would provide an additional connection from the
existing trail easement to the easterly property where it will connect with an existing
worn trail.
Fiscal Impact:
None.
2 of 12 July 15, 2014 Item # Y, I
MDRA 14 -006
July 15, 2014
Page 3
Environmental Review:
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.
Public Notification:
Public notices were sent to property owners that are contiguous to the project site
Attachments:
A. Resolution
B. Location and Zoning Map
C. Copy of a portion of the Final Map
D. Site Plan
E. Gate specification
3 of 12 July 15, 2014 Item # ,l
RESOLUTION NO. P -14-
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:
4 of 12 ATTACHMENT A July 15, 2014 Item # Y t'
Resolution No. P -14-
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
PIVIC, 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.
5 of 12 July 15, 2014 Item #
Resolution No. P -14-
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
6 of 12 July 15, 2014 Item # q.
Resolution No. P -14-
Page. 4
on the adjoining property east of the project site, as shown on the exhibit
in the City's project file.
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. Cobian, CMC, City Clerk
7 of 12 July 15, 2014 Item # q-t
Resolution No. P -14-
Page 5
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P -14- , 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:
NOES:
ABSENT:
DISQUALIFIED
Sheila R. Cobian, CIVIC, City Clerk
City of Poway
8 of 12 July 15, 2014 Item # 1Y.l
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12 of 12 ATTACHMENT E July 15, 2014 Item # 4.1