Res P-01-32RESOLUTION NO. P-01-32
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MDRA 00-142
ASSESSOR'S PARCEL NUMBER 321-100-28
WHEREAS, MDRA 00-142 submitted by Brian and Chris Johnston, Owners, request
the approval of a Minor Development Review Application to construct a 3,417-square-foot,
single-family resid ~ached 715-square-foot guest house and a detached barn in
the Hillside/Ridgeline Overlay Zone. The subject property is located in the Rural
Residential A zone at 14817 High Valley Road; and
WHEREAS, on June 26, 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 00-142 is Categorically Exempt from the
p ' ' :the California E Iai QualityAct, pursuantto Section 15303(a), Class
3 exemption, in that it is the development of a single-family resid ':~ential zone
in an urbanized area.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (HCP), a biological
survey was conducted on the property by REC Consultants, Inc. on April 13, 2001. Project
grading will impact mixed coastal sage scrub and chaparral habitat. N aecies
were identified on the property. In accordance with the Poway HCP, the required findings
for approval of the proposed mitigation for the removal of habitat for MDRA 00-142 are as
follows:
The project site is within the Mitigation Area of the Poway HCP. The mitigation is
consistent with and furthers the implementing objectives of the Poway HCP in that
the applicant will mitigate the removal of 2.15 acres of habitat at a greater than 2:1
ratio through the on-site dedication of a biological conservation easement
preserving 5 acres of comparable undisturbed and unencumbered habitat of equal
or greater value.
The preservation of habitat on-site and within the Mitigation Area of the Poway HCP
will contribute toward a buffer to protect Resource Protection Area 11 of the
Rattlesnake Canyon C lands of the Poway 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-01-32
Page 2
undisturbed and unencumbered habitat will promote a meaningful addition to the
assembly of a viable regional system of :1 natural hah
habitat linkages, buffers and wildlife corridors.
The mitigation will foster the implementation of the Poway HCP in an
effective and efficient ' that the preservation 6f
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 HCP b City funding will be required for the
mitigation effort.
Special findings are hereby made to allow the removal 0.15 acre of habitat in
excess of the 2-acre limit as allowed by the Poway HCP as follows:
Sensitive biological core habitat linkages, wildlife
corridors, watershed and buff' apropriately preserved and protected
through the dedication of an on-site biological l of 5 acres.
The excess habitat impacts result from a City requirement for additional brush
for the project for fire safety purposes.
2. The objectives of the Poway HCP have been met in that the project has been
designed t ' ' habitat impacts and lh the objectives.
An equal or greater mitigation plan has been accepted which will provide for the
dedication of a 5-acre biological conservation easement to mitigate the 2.15
acres of project habitat impacts.
Based uF Iion provided atthe time of this application the subject property
is potentially subdividable. It is not the intent of the Poway Subarea Habitat
Conservation Plan to preclude future development potential. Therefore a biological
conserva1' l over 5 acres of the subject site shall be required at this time
and an open sp I is not required over the remainder of the site. This
finding does not imply that the future subdivision of the subject property is
guaranteed and any such request would need to comply with all standards in effect
at the time a subdivision application is made.
Section 3: The finding ~ance with Section 17.52 of the Poway Municipal Code
for MDRA 00-1421' :a resid :tached guest house and a detached barn
in the Hillside/Ridgeline Overlay Zone at 14817 High Valley Road in the RR-A zone, are
made as follows:
Resolution No. P- 01-32
Page 3
The home and barn have been sited ' ' landform alteration and conforms
with City zoning and grading standards. Therefore, the project 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 project does not conflict with the orderly and h appearance of
st t 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-A zone, with the
approval of a Hillside/Ridgeline Minor Development Review Application. The project
will oth 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 has been designed 1' ' ' ' ' 3acts on the surrounding community
by being tucked into the side of the hill, and utilizing a Iow profile architectural
design and earth-toned wall and roof materials. Therefore, the proposed
development respects the publ' for the aesthetics of developments.
The proposed project will meet the required design regulations and 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 provisions 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 00-142, are to be made as follows:
The design and improvements of the proposed development I 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 improvements 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 drainage, park, affordable housing, and
traffic mitigation fees, which ~ on a pro-rata basis to f' :t
Resolution No. P-01-32
Page 4
provide public inf
imp
to promote a safe and healthy
City.
Section 5: The City Council hereby approves MDRA 00-1421' 'a single-family
home of approximately 3,417 square feet, a 715-square-foot attached guest house, and a
detached garage in the Hillside/Ridgeline Overlay Zone at 14817 Glen Circle Road in the
RR-A zone, as shown on the plans dated December 12, 2001 (house plans) and the
grading plan dated April 30, 2001, subject to the following conditions:
A. Approval of this MDRA request shall apply only to the subject project and shall not
~liance with all Ithe Zoning Ordinance and all other applicable
City ordinances in effect at the time of building permit issuance.
Within 30 days of the date of this approval (1) the applicant shall submit in writing
that all conditions of approval have been read and understood;and (2)the property
owner shall execute a Covenant on Real Property.
The conditions of MDRA 00-142 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 I ~ the current property owner.
The applicant shall obtain a Grading Permit. Prior t
the applicant shall comply with the following:
:a Grading Permit,
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 slop
Resolution No. P- 01-32
Page 5
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 without an
approved encroachment agreement/permit.
Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
The grading plans shall include the following improvements to the
private access road known as Tooth Rock Road between it's
with High Valley Road and the driveway to the subject
project site:
i. The existing paved stretch of the private access road shall be
widened to 20 feet and paved with asphalt concrete.
ii. The unimproved stretch of the privat :t shall be widened
to 20 feet and surfaced with a minimum 6-inches of disintegrated
granite.
iii. A 10 foot wide trail shall be constructed along the north-south portion
of the private access road to the satisfaction of the Public Works
Department
g. Top and bottom of retaining wall elevations.
h. The location of the Biological Conservation Easement area.
The location of (lng of habitat and open sp
as detailed under condition E.1.
j. The location of the Fire Management Zones.
A soils/geological report shall be prepared by an engineer licensed by the
State of California to 2erform 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
surface water flowing onto the project site from adjacent lands. Said system
shall include all easements required to properly handle the drainage.
Concentrated fl driveways are not permitted.
10.
11.
Resolution No. P- 01-32
Page 6
T 3iiance with the Clean Water Act, the applicant shall prepare a
Storm Water Pollution Plan (SWPPP) y addresses
the elimination of ~ into the storm drain system or the natural
stream. The SWPPP shall include, but not be limited to, an effective method
of hillsid :1 sed storage sit
protect const from being exposed ! ~, protection
of all storm drain inlets, ' truck wash and waste control, and
oth ~ Best Management Practices to effectively eliminate pollutants
f ' _:1 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.
A landscape/irrigation pi :lance with the applicable req :
the City of Poway Guide to Landscape Requirements shall be submitted to
and approved by the Director of Development Services. Said plan shall
include landscaping for all manufactured and disturbed slopes greater than a
5:1 slope and for a Fire Management Zones located 135 feet outward from
the structure, except the westerly elevation of the residence which a brush
management :~ing to the privat :1 will be required. In
accordance with said requirements, and the Poway General Plan
requirement for hillside development, the landscaping shall utilize materials
similar in appearance to the existing native vegetation.
The property owners shall submit a letter advising the City of their agreement
to comply with the development requirements of the Poway Habitat
C Plan.
Provide a copy of the Quino Checkerspot Butterfly Survey completed on the
property to the Planning Division.
The location and grading design for the required recreational trail shalt be
shown on the grading plan.
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
Resolution No. P-01-32
Pege 7
Director of Development Services, that no impacts to protected species will
occur.
12.
The following easement shall be recorded on the subject property, to the
: the Director of Development Services:
a. A biological conservation easement on a 5 of the property of
undisturbed and unencumbered habitat of comparable quality mixed
Coastal Sage Shrub/Chaparral habitat. The removed 2.15 acres of
habitat shall be mitigated at a minimum 2:1 ratio. The form and content
of th I shall be to the sal " : the Director.
13.
Prior to any rock blasting, a pre-blast survey of the surrounding properties
shall be conducted to the satisfaction of the Director of Development
Services, and a blasting permit shall be obtained from the Engineering
Division. Seismic recordings shall be taken for all blasting. Blasting shall
occur only at locations and levels approved by the Director of Development
Services.
14.
Non-supervised or non-engineered fill is not allowed. Rock disposal areas
shall be graded in compliance with City approved soils :~ations
and the approved grading plans.
15.
Leach field layout or seepage pit layout for the sewage disposal system shall
be submitted to the City's Development Services Department 1' d
approval by the City Engineer prior to obtaining a septic system installation
permit from the County of San Diego Department of Health. If a septic
sy : ' lation permit has already been obtained, a layout plan shall be
submitted to the City for review prior to installation of leach lines.
Prior to any clearing, grubbing, or grading, the applicant shall comply with the
following:
At a ' ' all protected areas, as shown 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 ' zed in accordance with the approved project plans.
Prior t
Permit. Prior to '
following:
~the single-family home, the applicant shall obtain a Building
: a Building Permit, the applicant shall comply with the
10.
Resolution No. P-01-32
Page 8
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.
The building plans shall depict the exterior building colors and materials
consistent with the project materials sample board on file with the
Department of Development Services.
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.
Payment of the Affordable Housing In-Lieu Fee in the amount of $4,500.
The owners shall record a deed covenant on the property, which prohibits
kitchen facilities from being installed within the detached guest house. The
structure shall never be rented or leased without first obtaining the required
approvals and permits from the City. A check in the amount of $13.00 made
payable to the County Recorder/Clerk shall be submitted to the Planning
Division with the deed covenant to cover document recordation fees.
The exterior of the required fire safety water tank shall be painted a color that
will blend with the adjacent natural setting. A paint sample shall be
submitted to the Planning Division f :t approval,
The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the condil' ~ ' :1 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 ~table to the City.
The erosion control, including but not limited to desiltation basins, shall be
installed and -1 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 f
City.
approval by the
Resolution No. P-01-32
Page 9
11.
'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.
12.
The following development fees shall be paid to the Engineering Division.
These 1: lly in effect, and are subject to change without notice:
Traffic Mitigation $ 990
Park $2,720
Drainage $1,570
13.
Any large or small animals that are kept on the site shall be in accordance
with the Poway Zoning Code and the Large and Small Animal Ordinances.
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 ~ ::1, completed, and inspected by the
Engineering Inspector. The driveway shall be constructed in accordance
with Poway Municipal Code, Section 17.08.17D, and its structural section
shall be shown on the grading plan.
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
I occupancy and release of grading securities.
C !the improvements to the privat
be completed as shown on the grading plans.
:1 to the site shall
The following improvements shall be constructed to the satisfaction of the
Director of Safety Services:
Roof covering shall meet Class A fire retardant testing as specified in the
Uniform Building Standards No. 32-7 for fire retardant roof covering
materials per City of Poway Ordinance No. 64.
b. 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
Resolution No. P-01-32
Page 10
properly. Said numb
shall be required at p
Y
~ground. Addresses
c. Each chimney used '
with a spark arrester.
lh any fireplace shall be maintained
Dead-end :lway ~ 150 feet long shall be provided
with approved provisions for the turning around of Fire Department
apparatus. Curves and topographical conditions could alter the
req ~ for turnarounds and the width of .vs.
Th :lway shall be extended to within 150 feet of 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.
Residential fire sprinkler system with the one-inch measure will be
required for the primary residence, guest house and detached barn.
Plans shall be submitted to the Fire Prevention Bureau for approval prior
installation. If a one-inch lateral off the street mean is currently not
present, one will have to be installed.
g. The applicant shall comply with the City of Poway Guide to Landscape
Maint it relates to fire management zones.
This dwelling is being built on a parcel size of 34 acres and is beyond 500
feet from the nearest fire hydrant. The dwelling will have to have stand
by water for fire fighting and a residential sprinkler system. Contact the
Fire Prevention Bureau for details.
An electric powered g the access to the residence shall have a
K ':le key switch that shall be ordered through the Poway Fire
Department.
j. 10,000-gallon water tank with a Fire Department
determined by the Fire Department.
to be
6. The following improvements shall be completed to the satisfaction of the
Director of Public Works.
a. The parcel is located within Landscape Maintenance District 86-1. The
parcel is exempt f tion.
Resolution No. P-01-32
Page 11
b. The parcel is located within the General PI atual trail scheme
as a local feed trail. A minimum lO-foot wide trail shall be
dedicated to the City. The trail shall be improved in accordance with City
standards.
Section 6: The approval of MDRA 00-142 shall expire on June 26, 2003 at 5:00 p.m.
unless, prior to that time, a building permit has been issued and construction on the
property, in the MDRA approval, h -I 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 June 26, 2001.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 26th day of June 2001.
Michael P. CCgr ¢layor
ATTEST:
(~n ~e P~eo pies, C~'it~- ~l'l~r k~
Resolution No. P- 01-32
Page 12
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-01-32 , was duly adopted by the
City Council at a meeting of said City Council held on the 26th day of June 2001, and that it
was so adopted by the following vote:
AYES:
EMERY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT:
GOLDBY, HIGGINSON
City of Poway