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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.