Res P-01-13RESOLUTION NO. P-01-13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MDRA 00-120
ASSESSOR'S PARCEL NUMBER 275-240-36
WHEREAS, MDRA 00-120 submitted by Sean Tracy, applicant, requests the
approval of a Minor Development Review Application to construct a 3,716-square-foot,
single-family home and 852-square-foot garage in the Hillside/Ridgeline Overlay Zone.
The subject property is located in the Rural Residential C zone at 12920 Glen Circle Road;
and
WHEREAS, on March 27, 2001, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council finds that MDRA 00-120 is Categorically Exempt from the
p ' ' :the California E QualityAct, pursuant to Section 15303(a), Class
3 exemption, in that it is the development of a single-family resid '-Iential zone
in an urbanized area.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan, a biological survey
was conducted on the property for the previous project by Vincent Scheidt on August 18,
1998. Vincent Scheidt conducted a survey on the site on December 18, 2000, for the
purpose of updating the p y. Project grading will impact coastal sage scrub
habitat and :ire plant species, the San Diego Sagewort. In accordance with the
Poway Habitat Conservation Plan, the required findings for approval of the proposed
mitigation for the removal of habitat for MDRA 00-120 are as follows:
The mitigation is consistent with and furthers the implementing objectives of the
Poway Habitat Conservation Plan in that the applicant will mitigate removed habitat
at a 2:1 ratio through the ded' I a biological conservat'
preserving comparable undisturbed and unencumbered habitat.
The subject site, and therefore the mitigation habitat, is located within the Mitigation
Area of the HCP. The preservation of habitat on-site will contribute toward a buffer
to protect Resource Protection Area 10 (Twin Peaks) of the HCP. Therefore, the
dedication will serve to enhance the long-term viability and function of the preserve
system.
The mitigation will be to the long-term benefit of the covered species and their
habitats in that the dedication of a biological conservation easement over
Resolution No, P- 01-13
Page 2
undisturbed habitat, as well as an open sp
undeveloped portion of the lot, will p
of a viable regional system of int
linkages, buffers and wildlife corridors.
· 3ful addition to the assembly
:1 natural habitat habitat
The mitigation shall foster the ' implementation of the Poway Habitat
Conservation Plan in an effective and efficient that the preservation of
on-sit :ion area is within an identified Mitigation Area within the City.
The mitigation will not result in a negative fiscal impact with regard to th
implementation of the Poway Habitat Conservation Plan.
Section 3: The finding dance with Section 17.52 of the Poway Municipal Code
for MDRA 00-1201 : a single-family home in the Hillside/Ridgeline Oveday Zone
at 12920 Glen Circle Road in the RR-C zone, are made as follows:
The proposed home will be built on a previously created lot and will not significantly
alter the existing pad area or height. The location of the pad on the lot provides a
hillside backdrop to the structure. Therefore, the proposed use respects the
interdependence of land :1 aesthetics to the benefit of the City.
The project is in character with existing development in the area and will not
negatively affect the views of adjacent property owners. The proposal does not
otherwise affect the boundaries of the lot or the design of the streets. Therefore,
the proposed use does not conflict with the orderly and h 3p ~
:1 property within the City along with associated facilities such as, but
not limited to, signs, landscaping, parking areas and streets.
There are public facilities, services and utilities available. The current roads are
capable of handling the expected volumes of traffic with this residential
development. The proposed use is an allowable use in the RR-C zone, with the
approval of the approval of a Hillside/Ridgeline Minor Development Review
Application. The project will otb to all City ordinances. Therefore,
the proposed use does not detract from th :the public health, safety
and general welfare, and property throughout the City.
The project will not add new visible manufactured slopes to the property. It is
designed 1 .... 3acts on the surrounding community by being located back
from the edge of the pad, and utilizing hip roof designs and earth-toned wall and
roof Therefore, the proposed development respects the publ'
for the aesthetics of developments.
Resolution No. P-01-13
Page 3
The proposed project will meet the required design reg ~1 will otherwise
comply with all of the relevant codes and standards of the City of Poway.
Therefore, 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 previsions of the Zoning
Ord :1 the General Plan.
Section 4: The findings, pursuant to G I Code Section 66020 for the public
improvements for MDRA 00-120, are to be made as follows:
The design and improvements of the proposed development l with all
elements of the Poway General Plan, as well as City ordinances, because all
necessary :1 facilities will be available to serve this project. The payment
of fees toward public imp is needed as a result of the proposed
development to protect the public health, safety and welfare as identified below:
The project requires payment of sewer and traffic mitigation fees, which are
assessed on a pro-rata basis to finance and provide public in1
improvements to p -I healthy l for the residents of
the City.
Section 5: The City Council hereby approves MDRA 00-1201 :a single family
home of approximately 3,716 square feet and a garage of approximately 852 square feet in
the Hillside/Ridgeline Overlay Zone at 12920 Glen Circle Road in the RR-C zone, as
shown on the building plans dated October 12, 2000, and the grading plan dated Mamh 16,
2001, subject to the following conditions:
Approval of this MDRA request shall apply only to the subject project and shall not
31lance with all =the Zoning Ord' :1 all other applicable
City ord' effect at the time of building permit issuance.
Within 30 days of the date of this approval, the applicant shall submit in writing that
all conditions of approval have been read and understood.
The conditions of MDRA 00-120 shall remain in effect for the life of the subject
residence and shall run with the land and be binding upon future owners,
heirs, and ! =the current property owner.
Prior to regrading of the existing building pad, the applicant shall obtain a Grading
Permit. Prior to ' = a Grading Permit, the applicant shall comply with the
following:
Resolution No. P- 01-13
Page 4
The grading permit application previously submitted for this parcel, G1179-
99, is deemed expired. A new grading permit application, along with a
grading plan for development of the lot, prepared on a City of Poway
standard mylar at a scale of 1"=20', shall be submitted for review and
approval to the Development Services Department, Engineering Division.
The submittal shall include applicable plan check fees. A grading plan
submittal checklist is available at the Engineering Division front counter. Any
items from the previous application to be used in the new application shall be
updated to current standards, and certified by the current engineer of work.
At a ' ' the grading plan shall show the following:
Driveways, in compliance with the specifications 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
All new slopes with a 2:1 (horizontal to vertical) slope.
Tops and toes of graded slopes shall be shown with ' ' five-
foot setback from open space areas and property lines. Buildings
shall be located at least five feet from tops and toes of sloi:
waived by the Planning Division and/or Engineering Division prior to
: a grading permit.
do
All utilities, together with the appurtenances, and any easements.
Encroachments are not permitted upon any easement without an
approved encroachment agreement/permit.
Locations of all utility I; y identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
f. All proposed drainage improvements.
g. Top and bottom of retaining wall
h. The location of the Biological C
Easement area.
The location of const ~ing of habitat and open si:
as detailed under condition E.1.
j. The location of the Fire Management Zones.
Resolution No. P- 01-13
Page 5
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 properly handle the drainage.
Concentrated fi driveways are not permitted.
T 31iance with the Clean Water Act, the applicant shall prepare a
Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses
the elimination of rf into the storm drain system orthe natural
stream. The SWPPP shall include, but not be limited to, an effective method
of hillsid :1 sediment control, a material storag to
protect const from being exposed I :[, protection
of all storm drain inlets, . truck wash and lrel, and
otb : Best Management Practices to effectively eliminate pollutants
f ' g 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 separate
cover from the grading and improvement plans.
The applicant shall pay all applicable engineering; plan checking, permit and
inspection fees.
Grading securities in the form of a performance bond and a cash deposit, or
a letter of credit shall be posted with the City.
The grading plans shall make provisions for the finishing of all portions of the
driveway over 15% grade with PCC with earth ' 3. The plans shall
provide the entire length of the driveway at ' ' 112 feet in width, to
the satisfaction of the Director of Development Services.
The applicant shall furnish proof of p to establish a Fire
Management Zone on a portion of the neighboring property to the west.
A landscape/irrigation pi ;lance with the applicable req :
the City of Poway Guide to Landscape Req 3all be submitted to
and approved by the Director of Development Services. Said plan shall
include landscaping for all -I and disturbed slopes greater than a
5:1 slope and for a Fire Management Zone located 85 feet outward from the
Resolution No. P- 01-13
Page 6
structure. In accordance with said req and the Poway General
Plan requirement for hillside development, the landscaping shall utilize
mat 3pearance to the existing native vegetation.
10.
Neither removal of gnatcatcher habitat nor grading in the vicinity of such
habitat may take place within nesting season (February 15 to August 15).
Exceptions may be permitted if it can be proven, to the satisfaction of the
Director of Development Services, that no impacts to protected species will
Occur,
11.
The following 3all be recorded on the subject property, to the
sal ; the Director of Development Services:
a. A biological easement on an area of the property of
undisturbed and unencumbered habitat comparable in quality to the 0.04
acres of mixed Chaparral/Coastal Sage Shrub and the 0.04 acres of pure
Coastal Sage Shrub habitat proposed to be removed and sized at a ratio
of two units of mitigation per unit of removed habitat.
b. An open sp
property.
:on the balance of the undisturbed areas of the
Prior to any clearing, grubbing, or grading, the applicant shall comply with the
following:
At~ ' ' all protected 3own on the 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 grading. A written certification from the engineer of work or a
licensed surveyor shall be provided to the Engineering Inspector stating that
all protected ' <ed in accordance with the approved project plans.
Prior to construction of the single-family home, the applicant shall obtain a Building
Permit. Prior 1 ~ a Building Permit, the applicant shall comply with the
following:
The building plans shall comply with the latest adopted Uniform Building
Code, National Electric Code, and all other applicable codes and ordinances
in effect at the time of building/electrical permit issuance.
Resolution No. P- 01-13
Page 7
The building plans shall depict the exterior building colors and materials
consistent with the project plans dated October 12, 2000, and project
materials sample board on file with the Department of Development
Services. They shall depict the driveway desig l with the revised
conceptual grading plan dated March 16, 2001.
3. The plans shall show all existing and new utilities placed underground.
Provide proof to the Planning Division of payment of school fees to the
Poway Unified School District.
5. Payment of the Affordable Housing In-Lieu Fee in the amount of $4,500.
The site shall be developed in accordance with the approved 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 p 3table to the City.
The erosion control, including but not limited to desiltation basins, shall be
installed and maintained by the developer throughout the duration of the
period.
Rough grading of the lot is to be completed and must meet the approval of
the City Inspector and shall include submittal of the following:
a. A certification of line and grade for the lot, prepared by the engineer of
work.
b. A final soil compaction report for each lot 1'
City.
approval by the
Prior to start of any work within City-held easements 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.
10.
The following development fees shall be paid to the Engineering Division.
These 1' Ily in effect, and are subject to change without notice:
Water: Meter Size Cost **SDCWA Fee ServiceLine
3/4-inch $130 $3,710 $2,004 $1,430
*l-inch $270 $6,678 $3,206 $1,430
Resolution No. P- 01-13
Page 8
* Single family homes requiring a 1" meter due to fire sprinkler requirements
shall be charged base capacity, meter, and SDCWA fees for a %" meter.
Sewer: C
paid
Cleanout Box )ection Indirect Benefit
$50 $25 $500
Traffic Mitigation $990
Park $2,720
Drainage $950
Prior to occupancy of the home, the applicant shall comply with the following:
The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the conditions contained herein.
A final inspection from the appropriate City Departments will be required.
Driveways, drainage facilities, slope landscaping and protection
and utilities, shall be constructed, completed, and inspected by the
Engineering Inspector. The driveway shall be constructed in accordance
with Poway Municipal Code, Section 17.08.170D, and il section
shall be shown on the grading plan.
An adequate drainage sy ' :1 the building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector.
4. All proposed utilities within the project site shall be installed underground.
A private road agreement for Glen Circle Road, in a form
satisfactory to the City Attorney, shall be executed by the property owner and
approved by the Engineering Division.
6. The developer shall repair, to the sal I the City Engineer, any and
all damages to the imp on Glen Circle Road caused by
:y from this project.
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
: occupancy and release of grading securities.
The following imp
of Safety Services:
3all b ~ to the sal :the Director
Resolution No. P- 01-13
Page 9
Roof covering shall meet Class A fire retardant testing as specified in the
Uniform Building Standards No. 32-7 for fire retardant roof covedng 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 driveway entrances.
Each chimney used'
a spark arrester.
:h any fireplace shall b
with
Dead-end 'lway 1150 feet long shall be provided with
approved provisions for the turning around of Fire Department apparatus.
Curves and topographical conditions could alter the requirements for
turnarounds and the width of .Cs.
Th :tway shall be extended to within 150 feet all portions of the
exterior walls of the first story of any building. Where the access roadway
cannot be provided, approved fire p .¢stem(s) shall be provided as
required and approved by the Fire Chief.
A residential fire sprinkler system with the one-inch I be required.
Plans shall be submitted to the Fire Prevention Bureau for approval prior
installation. If a one-inch lateral offthe street :ly not present,
one will have to be installed.
The applicant shall comply with the City of Poway Guide to Landscape
M it relates to fire management zones.
Section 6:
unless, prior
property, in
The approval of MDRA 00-120 shall expire on March 27.
to that time, a building permit has been issued and construction on the
the MDRA approval, h -1 prior to its expiration.
Section 7: Pursuant to G l Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on March 27, 2001.
Resolution No. P- 01-13
Page 10
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 27th day of March 2001.
Michael P. Cafa~,r~
ATTEST:
nne Peoples, City Clerk
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-01-13 , was duly adopted by the
City Council at a meeting of said City Council held on the 27th day of March 2001, and that
it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City of Poway