Res P-01-54RESOLUTION NO. P- 01-54
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MDRA 00-118
ASSESSOR'S PARCEL NUMBER 323-290-11
WHEREAS, MDRA 00-118 submitted by Bob Colbourn, applicant, requests the
approval of a Minor Development Review Application to construct a 4,916-square-foot
single-family home, and a detached combined 906-square-foot garage/348-square-foot
guest quarters, in the Hillside/Ridgeline Review Area. The subject property is located in
the Rural Residential C zone at 13920 Gate Drive; and
WHEREAS, on October 2, 2001, the City Council reviewed the project and solicited
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 00-118 is Categorically Exempt from the
p ' ' f the California E Quality Act, pursuant to Section 15303(a), Class
3 exemption, in that it is the development of a single-family resid ':lential zone
in an urbanized area.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan, biological surveys
were conducted on the property by Charles Colwell on July 26 and 31, 1999. Mr. Colwell
conducted Gnatcatcher p .Cs on Mamh 3, 16, and 25, 2001. Project grading
will impact Coastal Sage Scrub habitat and :ire plant species, the Coast Barrel
Cactus. In accordance with the Poway Habitat C Plan, the required findings for
approval of the proposed mitigation for the removal of habitat for MDRA 00-118 are as
follows:
The proposed project site is inside the Mitigation Area of the Poway HCP. The
mitigal' l with and furthers the implementing objectives of the Poway
Habitat Conservation Plan in that the applicant will mitigate impacts to 1.7 acres of
Coastal Sage Scrub habitat at a 2:1 ratio (3.4 acres mitigation), through the
dedication on-site of a biological conservation easement preserving comparable
undisturbed and unencumbered habitat.
The preservation of such habitat within the Mitigation Area will contribute toward the
building of the ultimate total Mitigation Area preserve system of the HCP.
Therefore, such habitat preservation will serve to enhance the long-term viability
and function of the preserve system.
Resolution No. P- 0:~-54
Page 2
The mitigation will be to the long-term benefit of the covered species and their
habitats in that the recordation of a Biological C Easement deed over an
area of undisturbed and unencumbered habitat (see 'A' above), will promote a
meaningful addition to the assembly of a viable regional system of int :1
natural habitat habitat linkages, buffers and wildlife corridors.
The mitigation will foster the ~ implementation of the Poway Habitat
Conservation Plan in an effective and efficient that the preservation of
lion area is within an identified Mitigation Area within the City.
The mitigation will not result in a negative fiscal impact with regard to th I
implementation of the Poway HCP t- City funding will be required for the
mitigation efforts.
Section 3.' The findingdance with Section 17.52 of the Poway Municipal Code
for M DRA 00-1181 , : a single-family home in the Hillside/Ridgeline Review Area at
13920 Gate Drive in the RR-C zone, are made as follows:
The project is in character with existing development in the area and will not
negatively affect the views of adjacent property owners. The t~ ~le-story,
is located on the most level portion of the lot, and utilizes hip roof design and earth-
toned wall and roof materials. The location of the pad reduces the grading
necessary and the resultant hillside scarring. Therefore, the proposed use
implements the interdependence of land values and 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. The project
will utilize site landscaping to achieve an aesthetically pleasing appearance and
soft :the structures. Therefore, the proposed use does not conflict with
the orderly and h 31; : :l 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.
Resolution No. P- 01-54
Page 3
The project is designed .... 3acts on the surrounding community by being
single-story, and being located on the most level portion of the lot. The use of hip
roof designs creates a lower profile, and the use of earth-toned wall and roof
materials help the structures to blend with its surroundings. Therefore, the
proposed development respects the public concerns for the aesthetics of
developments.
The proposal does not have an aC :hetic, health, safety or architecturally
related impact upon existing adjoining properties, or the City in general.
The proposed project has been determined to be located :liate ridgeline.
Development on the ridgeline, in this case, serves the purpose of preserving
significant habitat that would not be preserved without the proposed location.
Therefore, the proposed development will comply with all of the p ' ' :the
Zoning Ord' :1 the General Plan.
Section 4: The findings, pursuant to G l Code Section 66020 for the public
improvements for MDRA 00-118, are to be made as follows:
The design and imp f the proposed development I with all
elements of the Poway General Plan, as well as City ordinances, because all
necessary -1 f I 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 water, sewer, traffic mitigation, park and
drainage fees, which :t on a pro-rata basis to finance and provide
public in1 improvements to promote a safe and healthy
t for the residents of the City.
Section 5: The City Council hereby approves MDRA 00-118 to construct a 4,916-
square-foot single family home, and a detached combined 906-square-foot garage/348-
square-foot guest quarters, in the Hillside/Ridgeline Review Area at 13920 Gate Drive in
the RR-C Zone, as shown on the building plans dated October 23, 2000, and the
conceptual grading plans dated October 23, 2000 and January 8, 2001, subject to the
following conditions:
Approval of this MDRA request shall apply only to the subject project and shall not
31lance with all I the Zoning Ord' :t 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.
Resolution No. P- 01-54
Page 4
The conditions of MDRA 00-118 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 1 I the current property owner.
Prior to grading or clearing of the site, the applicant shall obtain a Grading Permit.
Prior I ~ a Grading Permit, the applicant shall comply with the following:
A 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. 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 th ' :1 grades.
A separate erosion control plan for prevention of sediment run-off
during construction.
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
waived by the Planning Division and/or Engineering Division prior to
: a grading permit.
d=
All utilities, together with the appurtenances, and any
Encroachments are not permitted upon any easement without an
approved encroachment agreementJpermit.
Locations of all utility boxes, clearly 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 Conservation Easement area.
Resolution No. P- 01-54
Page 5
Th <ing of habitat and open Sl~
as detailed under conditions Do14. and E.1.
The location of the Fire Management Zones.
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
surr flowing onto the project site from adjacent lands. Said system
shall include all easements required to properly handle the drainage.
Concentrated t] 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 ~: into the storm drain system orthe natural
stream. The SWPPP shall include, but not be limited to, an effective method
of hilisid -I sediment control, a material storag to
protect from being exposed I ~, protection
of all storm d truck wash and :roi, and
otb I 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 separate
cover from the grading and improvement plans.
The applicant shall pay all applicable engineering; plan checking, permit and
inspection fees. A grading plan submittal checklist is available at the
Engineering front counter.
Grading securities in the form of a performance bond and a cash deposit, or
a letter of credit shall be posted with the City.
Letter(s) of permission for any off-site grading shall be obtained from
adjacent property owner(s), and submitted to the Development Services
Department, Engineering Division.
A separate improvement plan for the fire hydrant and water
imp ~all be prepared and submitted to the Development Services
Department, Engineering Division, 1' :1 approval. The design of
the fire hydrant shall be in accordance with the Water System Analysis
Resolution No. P-0].-54
Page 6
completed for this project, dated January 2000. Plan checking '
fees shall be paid at the time of submittal, and approp '. posted.
The proposed grading for the driveway construction shall be revised such
that no cut or fill slope shall exceed 10 feet in height to th ~ the
Director of Development Services.
10.
The I F all utility boxes over 3 feet in height shall be noted on the
plans, and screening provided to the satisfaction of the Director of
Development Services.
11.
The applicant shall furnish proof of 1; to establish a Fire
Management Zone on a portion of the neighboring property to the west.
Should such I; : be granted, the neighboring property owner will
assume responsibility for weed abatement on said portion of his property.
12.
A construction level landscape/irrigation plan in accordance with the
applicable req of 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 Zone located 85 feet outward from the structure. In
accordance with said req and the Poway General Plan
requirement for hillside development, the landscaping shall utilize materials
:1 texture to the existing native vegetation.
13.
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 is proven to th " I the Director
of Development Services that no impacts to protected species will occur.
14.
The following 1all be recorded on the subject property, to the
sar ~ : the Director of Development Services:
a. A biological conservation easement over a minimum of 3.4 acres of
undisturbed and unencumbered habitat on the property, comparable in
quality to the habitat proposed to be removed. The size of th
is based on a ratio of 2:1 relative to the 1.7 acres of removed habitat.
b. An open si: l on the balance of the undisturbed areas of the
property, less the permitted disturbance and the mitigation area.
Prior to any clearing, grubbing, or grading, the applicant shall comply with the
following:
Resolution No. P-01-54
Page 7
At a ' ' all dedicated open space 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 '. ted in accordance with the approved project
plans.
Prior to construction of the single-family home, the applicant shall obtain a Building
Permit. Prior to ' "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.
The building plans shall depict the exterior building colors and materials
consistent with the project plans dated June 8, 2001, and project materials
sample board on file with the Department of Development Services. They
shall depict the driveway design consistent with the revised conceptual
grading plan dated October 23, 2000.
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 Depar[ment 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 -I by the developer throughout construction of the
project.
8. 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:
Resolution No. P- 01-54
Page 8
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 '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.
10.
The following development fees shall be paid to the Engineering Division.
These 1' lly in effect, and are subject to change without notice:
Water: Meter Size Cost **SDCWA Fee Se~iceLine
3/4-inch $130 $3,710 $2,004 $1,430
*l-inch $270 $6,678 $3,206 $1,430
*If required for fire safety, %-inch meter fees for Expansion & SDCWA will
be applicable
Sewer: C Cleanout Box Ir
$2356 $50 $25
Traffic Mitigation $990
Park $2,720
Drainage $1,570
11.
Prior to delivery of combustible building materials, onsite water and sewer
systems shall satisfactorily pass all required tests.
Prior to occupancy of the home, the applicant shall comply with the following:
A water system analysis for the proposed 8-inch :1 fire hydrant
may be required and shall be prepared to establish the proper size and
location of the public water system. Applicants shall pay to the City the cost
of preparing the analysis prior to submittal. The developer shall pay plan
check and insl;
Plans for the construction of all applicable improvements shall be submitted,
reviewed, and approved by the Engineering Division.
The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the conditions contained herein.
^ final inspection from the appropriate City Departments will be required.
=
Resolution No. P- 01-54
Page 9
Driveways, drainage facilities, slope landscaping and protection
and utilities, shall be ,1, completed, and inspected by the
Engineering Inspector. The driveway shall be : :1 in accordance
with Poway Municipal Code, Section '17.08.170D, and its structural section
shall be shown on the grading plan.
A water I' i for the proposed 8-inch :1 fire hydrant
shall be dedicated to the City of Poway; the easement shall be conveyed
through a separate document prior to building occupancy. Applicant shall
pay plan check fees
An adequate drainage s? : :1 the building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector.
All proposed utilities within the project site shall be installed underground.
A private road 3reement for the existing common driveway, in
a form satisfactory to the City Attorney, shall be executed by the property
owner and approved by the Engineering Division.
The developer shall repair, to the sa1'
all damages to the imp
activity from this project.
" f the City Engineer, any and
3 common driveway caused by
10.
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.
11.
A deed shall be recorded, to the satisfaction of the Director of
Development Services, prohibiting renting of the guesthouse or the
installation of kitchen facilities within it.
The following improvements shall be constructed to the sal
of Safety Services:
:the Director
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.
=
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. Addresses shall be required at private driveway entrances. Said
Resolution No. P- 0].-54
Page 10
numbers shall be sized between four and six inches and shall
their background.
Each chimney used'
a spark arrester.
:h any fireplace shall b
with
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 .cs.
Th :lway 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.
This is to include the garage area. Plans shall be submitted to the Fire
Prevention Bureau for approval prior installation. If a one-inch lateral off the
street main is currently 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. 85-foot minimum fuel
zones will be required f
Section 6:
unless, prior
property, in
The approval of MDRA 00-118 shall expire on October 2, 2003 at 5:00 p.m.
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 [he applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on October 2, 2001.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 2nd day of October 2001.
ATTEST:
nne Peoples, City CleCk
Michael P.
r
Resolution No. P~1-54
Page 1 i
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-01-54 , was duly adopted by the
City Council at a meeting of said City Council held on the 2nd day of October 2001, and
that it was so adopted by the following vote:
AYES:
GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
City of Poway