Res P-00-64RESOLUTION NO. P- 00-64
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW
APPROVAL 99-188 FOR AGEE RESIDENCE,
ASSESSOR'S PARCEL NUMBER 278-321-05
WHEREAS, Greg Agee, applicant, is requesting approval for the construction of a
6,350-square-foot, single-family home and 967-square-foot barn on an existing 40- acre
lot in the Rural Residential A zone; and
WHEREAS the project involves the widening, from 12 feet to 20 feet, of an existing
road which crosses Sycamore Creek; and
WHEREAS, Sycamore Creek is a blueline stream course, and a Streambed
Alteration Agreement from the California Department of Fish and Game is required; and
WHEREAS, on August 15, 2000, the City Council held a hearing on the above
referenced item; and
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: Minor Development Review Approval 99-188 will not result in any significant
adverse impact upon th :, and the Mitigated Negative Declaration dated July
13, 2000, and th :1 Mitigation Monitoring Program attached to this Resolution in
Exhibit "A" are approved.
Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal Code
for Minor Development Review 99-188 for th =a 6,350-square-foot, single-
family home and 967-square-foot barn on an existing 40-acre lot in the RR-A zone, are
made as follows:
The approved project proposes the construction of a Iow-density, single-family
residence on property that is designated for rural residential use. Therefore, the
proposed use respects the interdependence of land values and aesthetics to the
benefit of the City.
The residence will be single story to bet1 to the natural land form, and will
be located on a natural bench to minimize the amount of necessary grading.
Graded slopes, which will be initially visible, will be revegetated to conceal new cut
and fill slopes. The design of th for the intended purp to
th :the Community Design Element of the Poway General Plan and will
be compatible with current and future buildings in the vicinity. Therefore, the
proposed ,]es the orderly and h ;31: ;
Resolution No. P-00-64
Page 2
and property within the City along with associated facilities, such as but not limited
to signs, landscaping, parking areas and streets.
The project is consistent with the architectural and site design standards in the
Poway General Plan and Zoning Development Code (RR-A zone). Therefore, the
proposed use the public health, safety and general welfare, and
protection of property throughout the City.
The project is of single story design and located on a natural bench below the
prominent knoll. The design of the structures will be in keeping with the surrounding
area. Therefore, the proposed development respects the publ' for the
aesthetics of developments.
Since the proposal will not negatively affect the views of adjacent property owners
or affect the building mass seen by surrounding properties in any significant
manner, the proposal does not have an adverse aesthetic, health, safety or
architecturally related impact upon existing adjoining properties, or the City in
general.
The proposed development will comply with all of the provisions of the Zoning
Ord :1 the General Plan.
Section 3: The findings, in accordance with the Poway Subarea Habitat Conservation
Program (PSHCP) for the mitigation of the removal of 3.96 acres of habitat with the
construction of a 6,350-square-foot, single-family home and 967-square-foot barn on an
existing 40-acre lot in the RR-A zone, are made as follows:
The mitigation land is approximately 26 contig is of high quality habitat
and has been identified as being occupied by at least one pair of California
Gnatcatchers. Therefore, the mitigation is consistent with and furthers the
implementing objectives of the PSHCP;
The mitigation land is located within the Mitigation Area, and almost entirely within
the Biological Core and Linkage Area, and has been identified as being expected
to be utilized by additional pairs of California Gnatcatch Ih offsite
habitat. Therefore, the mitigation habitat is appropriately located in the Mitigation
Area to enhance the long-term viability and function of the preserve system;
The mitigation land is of high quality habitat and is located immediately adjacent to
large areas of preserved land. Therefore, the mitigation will be to the long-term
benefit of the Coverage Species and their habitats;
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Page 3
The mitigation land rep addition to the already preserved habitat within
the HCP and project which is of lower density that th potential
of the site. Therefore, the mitigation will foster th implementation of
the HCP in an effective and efficient manner; and,
Eo
No public funds will be expended in the acquisition of the mitigation land.
Therefore, the mitigation will not result in a negative fiscal impact to th I
implementation of the PSHCP;
Section 4: The findings, in accordance with G
public imp are made as follows:
Code Section 66020 for the
The design and imf ; the proposed development I with all
elements of the Poway General Plan, as well as City ordinances, because all
necessary services and facilities will be available to serve this project. The
construction of public imp is needed as a result of the proposed
development to protect the public health, safety and welfare as identified below:
1. Offsite drainage improvements are in place and onsite drainage
improvements will be required to handle the surf ~[.
New fire suppression devices will be required to serve the development and
provide fire protection.
Water fees were paid and onsite imp
service to the development. S
needed.
made to provide water
to the development will not be
Access to the site will be provided in accordance with City standards and to
ensure adequate emergency access.
Section 5: The City Council hereby approves Minor Development Review 99-188 to
construct a single-family home as shown on site plan and building elevations dated June
16, and July 14, 2000, subject to the following conditions:
Approval of this MDRA request shall not 31iance with all :the
Zoning Ord' :t all other applicable City ordinances in effect at the time of
building permit issuance.
Within 30 days of the approval, the applicant shall submit in writing that all
conditions of approval have been read and understood.
Resolution No. P-00-64
Page 4
The applicant shall apply for a grading permit and submit a grading plan for review
and approval to the City's Development Services Department. Compliance with the
following conditions is required p :the grading permit:
The grading plan shall be prepared on a City of Poway standard 3mm, 24"
x 36" mylar, with a scale of 1" = 20' scale or larger. The grading plan shall
show the following:
Driveways, in compliance with the sp provided in Section
17.08.170D of the Poway Municipal Code, and including minimum
structural sections together with their elevations and grades.
A separate erosion control plan for prevention of sediment run-off
during
Tops and toes of graded slopes shall be shown with a minimum five-
foot setback from open space areas and property lines. Buildings
shall be located at least five feet from tops and toes of slopes, unless
waived by the Planning Division and/or Engineering Division prior to
: a grading permit.
All utilities, together with the appurtenances, and any easements.
Encroachments are not permitted upon any easement without an
approved encroachment agreement/permit.
L : all utility boxes, cleady identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
Temporary marking of the limits of the disturbed habitat will be required
during construction and shall be depicted on the grading plan, to the
sa! : the Director of Development Services.
A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan.
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
sud' flowing onto the project site from adjacent lands. Said system
shall include all required to propedy handle the drainage.
Concentrated ~ driveways are not permitted.
-- Resolution No. P-00-64
Page 5
The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
The applicant shall prepare a m Water Pollution Prevention Plan
(SWPPP) that effectively addresses the elimination of runoff into
the storm drain system. The SWPPP shall include, but not be limited to, an
effective method of hillsid :1 sediment control, a material storage
to protect from being exposed to 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 applicant
shall certify the SWPPP prior to approval of the grading and improvement
plans. The SWPPP may be incorporated with the erosion control plan, but
shall be under sel; from the grading and improvement plans.
The applicant shall file with the State Department of Water Resources a
Notice of Intent under Statewide General Construction Storm Water Permit
(NOI), of which proof of acceptance shall be submitted to the Development
Services Department - Engineering Division prior to ' I a grading
permit. Application forms may be obtained from Development Services upon
request. For additional inquiries regarding the NOI, pi :the State
Water Resources Control Board.
Grading the form of a performance bond and a cash deposit, or
a letter of credit, shall be posted with the City.
Improvement plans for the private road shall be prepared on standard sheets
of mylar by a registered civil engineer and submitted for approval to the
Director of Development Services. Plan check and inspection fees shall be
paid by the developer.
The private road serving the subject property shall be improved and
completed to Poway Municipal Code, Section 12.20.120, and Ordinance No.
280, standards for nondedicated rural streets in the area between Old Coach
Road and the point where said road serves 2 pamels or less. The road shall
be widened and paved to a minimum 20 feet width. Shoulders may be
eliminated for those portions of the road within the creek crossing in lieu of
railings.
Plans for the of these imp shall be submitted,
reviewed, and approved by the Engineering Division.
10.
11.
12.
13.
14.
15.
Resolution No. P-00-64
Page 6
Should there be a need for a new fire hydrant, a water system analysis shall
be prepared to establish the proper size and location of the water system,
and provide for an adeq 3ply. Applicant shall pay to the City the
cost of preparing the analysis. Improvement plans forth /stem
shall be submitted for approval by the Engineering Division. Plan check and
insp ~all be paid by the developer.
Additional plan check fees, as required, shall be paid at the time of submittal.
A Streambed Alteration Agreement shall obtained from the California
Department of Fish and Game pursuant to Fish and Game Code Sec. 1603.
The final design of th ' ;I shall, as proposed, be designed such
as I 3act ;letation, to the satisfaction of the Director
of Development Services. Retaining walls shall protect existing vegetation
where the road work is not confined to the existing shoulders.
The work in the area of the stream course shall be monitored
by a qualified biologist to insure that no impacts to habitat occur due to
construction activities. A copy of the applicant's contract with the biologist
shall be submitted to and approved by the Planning Division prior 1
of a grading permit. The scope of work of the applicant's contract with the
biologist shall provide the biologist with the authority to redirect and/or halt
I biological threatened. Should such a
threat present itself, the work must be halted until the condition can be
reported to the City and evaluated pursuant to the Poway SHCP and the
Califomia Fish and Game Code. In the event of any impacts on habitat, the
applicant shall provide mitigation pursuant to City and State req
In response to the applicant's offer to dedicate to the City, in fee, up to a total
of 26 acres of the eastedy portion of the property, the applicant shall execute
said dedication pdor to th ;grading permit. Said offer will satisfy
the requirement under the PSHCP to mitigate the proposed loss of native
habitat on-site.
In accordance with the Poway SHCP, the amount of brush
the site may not exceed 1' Future brush
this lot beyond that approved under this MDRA shall be prohibited. The
applicant shall record a deed covenant on the property disclosing this
condition. Form and content of this ~all be to the satisfaction of
the Director of Development Services. An executed copy of the document
- Resolution No. P- 00-64
Page 7
Do
and recordation fees shall be provided to the Planning Division prior to
grading permit issuance.
16.
The applicant shall submit a landscape/irrigation plan for the Fire
Management Zones, pursuant to City of Poway Landscape Guidelines. A
plan check deposit of $500 shall accompany the submittal.
Compliance with the following conditions is required during the grading construction:
The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the condir ~
herein. Grading shall b :lance with the Uniform Building Code, the
City Grading Ordinance, the approved grading plan, the approved soils
report, and grading p 3table to the City.
Erosion control shall be installed and ' ~ ' :1 by the developer from
October 15 to April 15. The developer shall maintain all erosion control
devices throughout their intended life.
Prior to start of any work within City-held 'ght-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
building permit, the following is required:
Site plans and building elevations incorporating all conditions of approval
shall be submitted to the Development Services Department prior to
: building permits. The building plans shall b l with the
approved project plans on file in the Planning Division, except as required
herein.
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
The plans shall depict the colors and materials of the as being
designed to minimize the visibility of the structures from the surrounding
community, to the sat ~ the Director of Development Services.
Resolution No. P~00-64
Page 8
Existing public utility lines and appurtenance shall be shown on the site plan.
The location of new utility boxes, cabinets, or (if any) shall also be
shown fully d :1 and may be required to be screened to the
sat I the Director of Development Services.
5. The plans shall show all new utilities placed underground.
The applicant shall make payment of the Affordable Housing In-Lieu Fee in
the amount of $4,500.
The applicant shall provide proof to the Planning Division of payment of
school fees to the Poway Unified School District. School impact fees shall be
paid at th 31ished at the time of building permit issuance. Contact
the school district for additional information at (858) 748-0010, x2089.
The plans shall depict any security lighting on the house or grounds as
designed and constructed to meet the requirements of 17.08.220.L. of the
Poway Municipal Code, to the satisfaction of the Director of Development
Services.
The site plan shall depict fencing between the dedicated open space area
and the remainder of the property to delineate its boundaries. The fence
shall be barbed wire, or other open, Iow visibility design, to the satisfaction
of the Director of Development Services.
10.
Rough grading of the lot is to be completed and meet the approval of the City
inspector and shall include submittal of the following:
A certification of line and grade for the lot, prepared by the engineer
of work.
A final soils compaction report for the lot for review and approval by
the City.
11.
The following development fees shall be paid. These
effect and are subject to change without notice:
Water
Meter Size
3/4-inch $130 $3,710
'1 -inch $270 $6,678
SDCWA Fee** Service
$1,871 $1,350
$2,994 $1,430
*If required for fire safety.
Resolution No. P-00-64
Page 9
**Applicable only I
for domestic use.
Traffic Mitigation $990
Park $2,720
Drainage No fee
12.
A leach field layout for the residence sewage disposal system shall be
submitted to the Engineering Division for review and approval prior to
obtaining a septic system installation permit. A from the San
Diego County Health Department is required. If a septic system installation
permit is obtained without a City approved layout, one shall be submitted
prior to installation of the leach lines.
13.
The applicant shall obtain approval of the landscape/irrigation plan for the
Fire Management Zones.
The following imp
Safety Services:
lall be provided to the sat
the Director of
Roof covering shall meet Class A fire retardant testing specified in the
Uniform Building Standards No. 32-7 for fire retardant roof covering materials
per City of Poway Ordinance No. 64.
Approved numbers or addresses 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. Addresses
shall be required at private family entrances.
Each chimney used'
a spark arrester.
:h any fireplace shall b
with
Every building hereaft' ~ed shall be accessible to Fire Department
apparatus by way of access roadways with all-weather driving surfaces of
not less than 16 feet of unobstructed width, with adequate roadway turning
radius capable of supporting the imposed loads of fire apparatus and having
· ' : 13 feet, 6 inches of vertical The road surface type
shall be approved by the City Engineer, pursuant to the City of Poway
Municipal Code.
The applicant shall comply with City of Poway Landscape Guidelines (1997)
as it applies to Fire Management Zones.
-- Resolution No. P-00-64
Page 10
Go
Access from Old Coach Road shall be improved to City Road Standards for
roads serving more than two residences.
Compliance with the following conditions is required prior to occupancy:
All required imp including driveways, drainage facilities, slope
landscaping and protectionand utilities shall be constructed,
completed, and inspected by the Engineering Inspector.
A pdvate read construction and ;]reement for the pdvate read
from the subject property to Old Coach Road, in a form satisfactory to the
City Attorney, shall be executed by the property owner per Municipal Code
Section 12.20.060.
Damage to the existing pdvate roads caused by construction activities from
this project shall be repaired to th :the City Engineer.
Should there be a need for a new fire hydrant, a water system analysis shall
be prepared to establish the prop:1 location of the water system,
and provide for an adeq ;)ply. Applicant shall pay to the City the
cost of preparing the analysis. Improvement plans for th ystem
shall be submitted for approval by the Engineering Division. Plan check and
inspection costs shall be paid by the developer.
Th I to the property has reached private road status, and
shall be named and used to address the subject property, to the satisfaction
of the Director of Development Services.
Record drawings of the grading plan, 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 ! I occupancy and release of grading securities.
Grading securities shall be released only upon completion of the project and
upon City approval of the record drawings of the grading plans.
A deed restriction to th !the Director of Development Services
shall be recorded with the County Recorder, at the applicant's expense,
stating that the barn shall never be rented or leased as a separate unit and
no kitchen facilities shall ever be installed.
H. Upon establishment of the use, the following conditions shall apply:
-- Resolution No. P- 00-64
Page 11
All required landscaped slope areas shall be maintained in a healthy and
thriving condition.
Section 6: Pursuant to G I Code Section 66020(d)(1), the 90-day period in which
the applicant may protest the imposition of any fee, dedication, reservation, or other
exaction imposed pursuant to this approval shall begin on August 15, 2000.
Section 7: Minor Development Review 99-188 shall expire on
p.m. unless a Building Permit has been issued and
this permit h :1 prior to its expiration.
I the property in
PASSED, APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 15th day of August, 2000.
ATTEST: .~
L~o A~'tn: e -~p e o pi e s, ~C t yn'~e ~'~k'
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-00-64 , was duly adopted by
the City Council at a meeting of said City Council held on the 15th day of August, 2000 and
that it was so adopted by the following vote:
AYES: ENERY, GOLDBY, REXFORD
NOES: NONE
ABSTAIN:
ABSENT:
NONE
CAFAGNA, HIG6F~-~S'ON./~ , /'%
LoriLAnne Peoples, City Olerk
City of Poway