Res P-01-62RESOLUTION NO. P- 01-62
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MDRA 01-60
ASSESSOR'S PARCEL NUMBER 321-100-25
WHEREAS, MDRA 01-60 submitted by Drew Peterson and Shawnee Wood,
applicants, request the approval of a Minor Development Review Application to construct a
2,287-square-foot, single-family residence on a vacant lot located in the 14800 block of
High Valley Road within the Rural Residential A zone; and
WHEREAS, on November 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 has considered the E Iai Initial Study (ELS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Resolution for Minor Development Review 01-60 and public
comments received on the ElS and MND. The subject ElS and MND documentation are
fully incorporated herein by this ~ The City Council finds, on the basis of the
whole record before it, that there is no substantial evidence the project will have a
significant impact on th l, that the mitigation lained in the ElS
and Exhibit A hereof will mitigate potentially significant impacts to a less than significant
level, and that the MND reflects the independent judgment and analysis of the City. The
City Council hereby approves the MND and th ' J Mitigation Monitoring Program
attached to this Resolution as Exhibit A.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (HCP), biological
surveys and addendums that were completed on the property by REC Consultants, Inc., on
September 29, 2000, June 22, 2001, September 13, 2001 and October 31,2001. Project
grading will impact approximately 70 square feet of riparian habitat. No sensitive species
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 01-60 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 approximately 70 square feet of riparian
habitat at a greater than 3:1 ratio through the on-site dedication of a biological
conservation easement over the riparian corridor and adjacent buffer area
preserving approximately 1.2 acres of comparable undisturbed and unencumbered
habitat of equal or g
Resolution No. P-01-62
Page 2
The p ~in 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
undisturbed and unencumbered habitat 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 incremental implementation of the Poway HCP in an
effective and efficient that the preservation of the on-site conservation
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 HCP b City funding will be required for the
mitigation effort.
Section 3: The finding lance with Section 17.52 of the Poway Municipal Code
for MDRA 01-60 to construct a residence and a detached garage on the property located in
the 14800 block of High Valley Road and known as APN 321-100-25 in the RR-A zone, are
made as follows:
The home and barn have been sited 1' ' ' 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
si :1 property within the City along with associated facilities such as, but
not limited to, signs, landscaping, parking areas and streets.
There are public facilil' :1 utilities available. The current roads will be
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 Minor Development Review Application. The project will otherwise
conform to all City ordinances. Therefore, the proposed use does not detract from
the maintenance of the public health, safety and general welfare, and property
throughout the City.
Resolution No. P- 01-62
Page 3
by being utilizing earth-toned exterior wall and roof the
proposed development respects the public concerns for the aesthetics of
developments.
The proposed project will meet the required design reg d 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' :t the General Plan.
Section 4: The findings, pursuant to G l Code Section 66020 for the public
improvements for MDRA 01-60, are to be made as follows:
The design and imp :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 :1 on a pro-rata basis to
provide public infrastructure improvements to promote a safe and healthy
l for the residents of the City.
Section 5: The City Council hereby approves MDRA 01-601 : a single-family
home of approximately 2,287 square feet and a detached garage on the vacant property
located in the 14800 of High Valley Road and known as APN 321-100-25 and in the RR-A
zone, as shown on the plans dated June 21, 2001 (house plans) and the grading plan
dated November 6, 2001, subject to the following conditions:
Approval of this MDRA request shall apply only to the subject project and shall not
aliance with all :the 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, the applicant shall submit in writing that
all conditions of approval have been read and understood.
The conditions of MDRA 01-60 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 t ~ the current property owner.
Resolution No. P- 01-62
Page 4
The appl Grad' P
the applicant shall comply with the following:
Grading Permit,
A 9rading 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 atthe 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 their elevations and 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 5 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.
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 its
with High Valley Road and the driveway to the subject
project site:
i. The existing paved portion of Tooth Rock Road shall be widened to
20 feet and paved with asphalt concrete (see Condition H. 8 also).
ii.
The unimproved portion of Tooth Rock Road shall be widened and
improved in accordance with Section 12.20.120 of the Poway
Municipal Code.
Resolution No. P-01-62
Page 5
iii.
A 10-foot wide trail shall be shown and -t along the north-
south portion of Tooth Rock Road to the satisfaction of the Public
Works Department.
iv. Drainage facilities to provide for the road imp
The existing creek crossing and driveway shall be improved to a
minimum 12-foot wide all weather creek crossing (provided an
approved fire sprinkler system is installed in the residence). If a fire
sprinkler sy : : installed, then the creek crossing and driveway
shall be improved to a minimum 16-foot width.
Top and bottom of retaining wall elevations. M
shall not exceed 6 feet.
I heights
The location of the Biological Conservation Easement area and
Archeological Open Space Easement area.
The limits of clearing shall be shown clearly on the plan. Show the
location of construction staking of habitat and archeological open
sF detailed under condition E.1.
The location of the required Fire Management Zones. The Fire
Management Zones shall not encroach into the required 50-foot
development-free buffer from the rip ' :lor or the Archeological
Open Space Easement area.
All development ( driveway improvements) shall maintain
a minimum 50-foot setback from the riparian corridor area. The
proposed well shall be relocated so that it will observe the required
50-foot setback from the rip '~lor area. The proposed access
route 1' :the well and th ' t plumbing lines shall be
shown clearly on the grading plan.
All development shall maintain a m~nimum 5-foot setback from the
required Archeological Open Sp I.
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. The report shall includ :Tooth Rock Road and
:lations for the depth scarification, structural section and paving
materials for its imp '
Resolution No. P- 01-62
Page 6
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
surf 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 31lance 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 or the natural
stream. The SWPPP shall include, but not be limited to, an effective method
of hillsid :1 sediment control, a material storage si1 to
protect :erial from being exposed 1' ~, protection
of all storm drain inlets, truck wash and waste control, 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 property owners shall provide written documentation of understanding
and commitment that all approved road improvements are required to be
completed prior to certificate of occupancy.
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 prior to grading plan approval.
A minimum $5,000 cash security is required.
A landscape/irrigation pi Jance 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 Fire Management Zones located up to 135 feet outward
from the structure. 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. A
$525.00 landscape plan check fee shall be provided to the Planning Division
upon submittal of the plan.
A Revegetation Plan for the on-site rip ':lor shall be submitted to the
Planning Division for review and approval. The Revegetation plan shall
10.
11.
12.
13.
14.
15.
16.
Resolution No. P- 01-62
Page 7
add :the under-story riparian vegetation that was impacted
by previous goat grazing on the property.
The property owners shall submit a letter advising the City of their agreement
to comply with the development req of the Poway Habitat
C Plan.
A map showing the location of the cultural identified by Stan
Berryman in the TMI E Iai Services report dated August 4, 2001,
shall be cleady delineated on a copy of the project grading plan and
submitted to the Planning Division. Certification shall be provided by the
project archeologist (Stan Berryman) ;~ the location of the reported
cultural
Project impacts to off-site Coastal Sage Scrub habitat resulting from required
access road and driveway improvements shall be quantified and shall be
mitigated at a minimum 2:1 ratio. Mitigation can be accomplished through
off-site dedication of like, comparable quality, unencumbered habitat or
payment of a mitigation in-lieu fee at the established rate. Presently the in-
lieu fee is $10,000 per acre.
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.
The following easement shall be recorded on the subject property, to the
sat ; the Director of Development Services:
A biological conserval' I over the identified rip
adjacent, required development-free buffer. The form and content of the
easement shall be to the sat : the Director.
The applicant shall obtain the necessary permits and approvals from the
California Department of Fish and Game, Army Corps of Engineers and the
Regional Water Quality Control Board for the required creek crossing
improvements.
Prior to any rock blasting, a pro-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 ail blasting. Blasting shall
Resolution No. P-01-62
Page 8
Services.
3proved by the D
17.
Non-supervised ;lineered fill is not allowed. Rock disposal areas
shall be graded in compliance with City approved soils dations
and the approved grading plans.
18.
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.
19.
The applicant shall submit to the City letters of permission from the affected
property owners for all off-site grading.
Prior to any clearing, grubbing, or grading, the applicant shall comply with the
following:
At ' ' ' 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 ' <ed in accordance with the approved project plans.
Prior t
Permit. Prior 1
following:
:the single-family home, the applicant shall obtain a Building
I a Building Permit, the applicant shall comply with the
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.
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.
10.
11.
12.
13.
Resolution No. P-0].-62
Page 9
Payment of the Affordable Housing In-Lieu Fee in the amount of $3,787 (fee
based : the house being 2,287 square feet).
The exterior of the required fire safety water tank shall be painted a medium
to dark b that will blend with the adj setting. A paint
sample shall be submitted to the Planning Division 1' :1 approval.
The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the cond -I herein.
Grading of lots shall be in accordance with the Uniform Building Code, the
City Grading Ordinance, the approved grading plan, the approved soils
report, and grading p ~table to the City.
The erosion control, including but not limited to desiltation basins, shall be
installed and maintained by the developer throughout the duration of the
period.
Rough grading of the lot is to be completed and must meet the approval of
the City Inspector and shall include submittal of the following:
a. A certification of line and grade for the lot, prepared by the engineer of
work.
b. A final soil compaction report for each lot f
City.
approval by the
Prior to start of any work within City-held easements or right-of-way, a Right-
of-Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior
to permit issuance.
The following development fees shall be paid to the Engineering Division.
These f lly in effect, and are subject to change without notice:
Traffic Mitigation$ 990
Park $2,720
Drainage $1,570
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 storag
foot driveway shall
construction site.
:combustibles on the site, a minimum 12-
be maintained by an all weather surface to the
Resolution No. P-01-62
Page 10
14.
The water tank and Fire C
approved p
combustibles.
shall be installed and
15.
Prior to delivery of combustible building
shall satisfactorily pass all required tests.
on-site water systems
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.
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
~ occupancy and release of grading securities.
C : the improvements to the private road known as Tooth Rock
Road shall be completed as shown on the grading plans.
All exposed slopes greater than 5:1 slope shall be planted and irrigated.
Landscaping shall be installed within the rip '~ Jance
with the approved Revegetation 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.
7. All proposed utilities within the project shall be installed underground.
A private road maintenance agreement for Tooth Rock Road, in a form
satisfactory to the City Attorney, shall be executed by the property owners
and submitted to the Engineering for approval.
9. The developer shall repair, to the sat i the City Engineer, any and
all damages to the imp on Tooth Rock Road caused by
activity from this project.
The following improvements shall be constructed to the sal
Safety Services:
!the Director of
Resolution No. P- 01-62
Page 11
Roof covering shall meet Class A fire retardant testing as specified in the
Uniform Building Standards No. 32-7 forfire 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 driveway entrances.
Each chimney used '
a spark arrester.
:h any fireplace shall
-I with
Dead-end -Iway ~ 150 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
tumarounds and the width of ~/s.
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
Maint : relates to fire management zones. Minimum distance for
f : relates to fire fuel management zones shall be
135 feet.
This dwelling is being built on a parcel size of 4.3 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. A ' ' !a 10,000-gallon water tank with
a Fire Department :luired. The Fire Department shall identify
the location of water tank and Fire Department
Prior to occupancy the private road and driveway shall be accessible to Fire
Department apparatus by way of an all-weather driving surface of not less
than 20-feet, 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 Director of
The following imp 3all be completed to the sat
Public Works.
Resolution No. P- 01-62
Page 12
This parcel is located within Landscape M
parcel is exempt f :ion.
District 86-1. The
Section 6: The approval of MDRA 01-60 shall expire on November 27, 2003 at 5:00 p.m.
unless, prior to that time, a building permit has been issued and on the
property, in the MDRA approval, h :1 prior to its expiration.
Section 7: Pursuant to G I 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 November 27, 2001.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 27th day of November 2001.
ATTEST:
Mich~
L~ori ~nn: Pe~oples, ~it~ ~,e~k~
Resolution No. P- 01-62
Page 13
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-01-62 , was duly adopted by the
City Council at a meeting of said City Council held on the 27th day of November 2001, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~ii~A: ne P~eo pies, C~ty C~e~
City of Poway
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR MDRA 01-60
Section 21081.6 of the Public
Resolution No. P- 01-62
Page 14
ed in accordance with Section 21081.6 of the Public R
~ has
Code.
Non-compliance with any of these conditions, as identified by City staff or a designated
monitor, shall result in ' : :1 desist order for all construction activities.
The order shall remain in effect until compliance is assured. Non-compliance situations,
which may occur subsequent to project construction, will be addressed ~y-case
basis and may be subject to penalties according to the City of Poway Municipal Code.
When phasing of development has been established, it may be necessary for this
Monitoring Program to be amended, with City approval.
g~
B gy § ~ 70-square feet of 'ior to pp
mpacted riparian habitat pursuant to the Poway ~ an
HCP ' ' 3:1 ratio and mitigate any Ad
imf sage scrub habitat from Clearing or
required road imp ' ' 2:1 Grading Permit
ratio.
a. Mitigation for impacts to the riparian
habitat shall be accomplished through the
dedication of a biolog'
· ~arian corridor
and adjacent required development free
buffer zone.
b. Mitic~ ~acts to off-site Coastal
Sage Scrub habitat shall be accomplished
through dedication of a biological
unencuml~ quality habitat or
payment of ~
2. Obtain the necessary I: ~provals
from the C ~artment of Fish and
Game and the Army Corps of Engineers for
required creek crossing imf
2. Prior to
'an
Ad
Clearing Permit or
Gradinc Permit
2. Applicant
Resources
I-ye g
=nd
Water
Quality
resources. An Archeological Open Space
E 3all be dedicated over the
identified
rom the California Department of Fish and
G Corps of Engineers for
required
Resolution No. P- 0].-6;~
Page 15
PP
Clearing or
Grading Permit
Prior to an ,~pp
Ad
Clearing or
Grading Permit
Issuance.