Res P-03-66 RESOLUTION NO. P-03-66
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 03-62
ASSESSOR'S PARCEL NUMBER 276-140-11
WHEREAS, MDRA 03-62 submitted by Craig Faulkner, Applicant, requests the
approval to construct a 10,453-square-foot, two-story, single-family residence with an
attached garage, a 1,225-square-foot guest house with an attached garage, and a 2,464-
square-foot barn on an approximate 24-acre property (Parcel 3 of Map 14319) located on
the north side of Old Coach Road, north of the Heritage II development, in the Rural
Residential A zone and within the Hillside/Ridgeline Review Area; and
WHEREAS, on October 21, 2003, the City Council held a public meeting to solicit
comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway,
as follows:
Section 1: The project is found to be Categorically Exempt from the California
Environmental Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuant to
Section 15303 of the CEQA Guidelines, in that the project proposes the construction of a
single-family residence and ancillary structures.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (HCP), a
biological survey was prepared for the property in August 2003 by REC Consultants. The
site supports Coastal Sage Scrub (CSS), Disturbed CSS (DCSS), and Non-native
Grasslands (NNG). The project will impact approximately 3.82 acres of habitat; of this
0.67 acres will be CSS, 2.83 acres will be DCSS, and 0.32 acres will be NNG.
A. The proposed project site is inside the Mitigation Area, the Biological Core and
Linkage Area (BCLA), and the Planned Resource Preservation Area (PRPA) No. 2
and 3 of the Poway HCP. The mitigation is consistent with and furthers the
implementing objectives of the Poway HCP in that the applicant will mitigate
impacts to 3.5 acres of Coastal Sage Scrub (including disturbed CSS) habitat at a
2:1 ratio (7 acres mitigation) and Non-native Grasslands at a 1:1 ratio (.32 acres
mitigation). The 7.32 acres of mitigation will be on-site, and will be placed in a
Biological Conservation Easement (BCE). The applicant will also be voluntarily
placing the remaining undeveloped portions of the site, which includes 18.68 acres
of habitat, in the BCE.
This property is in the BCLA area/PRPA 2 and 3, which has a preservation goal of
80% of habitat on-site. The applicant will preserve approximately 31.33 acres (to
be done in conjunction with MDRA 03-63 on the adjacent property) in a BCE
Resolution No. P-03-66
Page 2
resulting in the overall preservation of 81% of the existing habitat on-site between
the 2 properties.
B. The preservation of the remaining habitat on-site through a BCE within the
Mitigation Area, the BCLA, and PRPA 2 and 3 will contribute toward the building of
the ultimate total Mitigation Area preserve system of the Poway HCP since the
dedication will be sited near an existing preserved area (i.e., preserved areas that
are part of the Heritage I and II projects).
C. The mitigation will be to the long-term benefit of the covered species and their
habitats in that the recordation of a Biological Conservation Easement over an
area of undisturbed and unencumbered habitat, will promote a meaningful addition
to the assembly of a viable regional system of interconnected natural habitat
resources, habitat linkages, buffers, and wildlife corridors since it will permanently
preserve approximately 14 acres of CSS habitat on-site, which is near an existing
conservation easement area on-site (i.e., preserved areas that are part of the
Heritage I and II projects).
D. The mitigation will foster the incremental implementation of the Poway HCP in an
effective and efficient manner in that the habitat will be preserved on-site near
other preserved habitat areas (i.e., preserved areas that are part of the Heritage I
and II projects).
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal
Code, to approve MDRA 03-62 are as follows:
A. That the residence and the ancillary structures have been sited to minimize
landform alteration, and conforms to City zoning and grading standards.
Therefore, the proposed use respects the interdependence of land values and
aesthetics to the benefit of the City; and
B. That the approved project will not have an adverse affect on the aesthetics, health,
safety, or architecturally related impact upon adjoining properties, as the residence
is consistent with surrounding residences. Therefore, the proposed design, size,
and scale of the proposed residence is compatible with and will not adversely
affect, or be materially detrimental to adjacent uses, residents, buildings,
structures, or natural resources; and
C. That the granting of the Minor Development Review Application would not be
materially detrimental to the public health, safety, or welfare since the proposed
use will complete improvements necessary for the new residence; and
D. The project has been designed to minimize impacts on the surrounding community
by utilizing a Iow profile architectural design and earth-toned wall and roof
materials. Therefore, the proposed development respects the public concerns for
the aesthetics of development; and
Resolution No. P-03-66
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E. That the proposed use will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity nor be
contrary to the adopted General Plan because it will meet all development
requirements; and
F. That the proposed development will comply with each of the applicable provisions
of the Zoning Ordinance and the General Plan.
Section 4: The findings, pursuant to Government Code Section 66020, for the public
improvements are needed as a result of the proposed development to protect the public
health, safety, and welfare are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project. The construction of
public improvements is needed as a result of the proposed development to protect
the public health, safety, and welfare as identified below:
1. In accordance with the Poway General Plan, the project requires the
payment of drainage, park, affordable housing, and traffic fees, which are
assessed on a pro-rata basis to finance public infrastructure improvements,
which promote a safe and healthy environment for the residents of the City.
Section 5: The City Council hereby approves MDRA 03-62 to construct a 10,453-
square-foot, two-story, single-family residence with an attached garage, a 1,225-square-
foot guest house with an attached garage, and a 2,464-square-foot barn on an
approximate 24-acre property (Parcel 3 of Map 14319) located on the north side of Old
Coach Road north of the Heritage development, in the Rural Residential A zone and
within the Hillside/Ridgeline Review Area, as shown on plans dated August 21, 2003,
subject to the following conditions:
A. Approval of this MDRA request shall apply to the subject project and shall not
waive compliance with all sections of the Zoning Ordinance and all other
applicable City ordinances in effect at the time of Building Permit issuance.
B. 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.
C. The conditions of MDRA 03-62 shall remain in effect for the life of the subject
residence and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
D. Prior to grading the applicant shall obtain a Grading Permit. Prior to issuance of a
Grading Permit, the applicant shall comply with the following:
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1. A grading plan for the development of the lot prepared on a City of Poway
standard mylar at a scale of 1" = 20', shall be submitted along with a
Grading Permit application and applicable fees to the Development
Services Department - Engineering Division for review and approval. A
grading plan submittal checklist is available at the engineering division front
counter.
As a minimum, the grading plan shall show the following:
a. All new slopes with a maximum 2:1 (horizontal to vertical) slope.
Tops and toes of graded slopes shall be shown with a minimum 5-
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
issuance of a Grading Permit.
b. 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.
c. A separate erosion control plan for prevention of sediment runoff
during construction.
d. All utilities (proposed and existing), together with the appurtenances
and any easements. Encroachments are not permitted upon any
easement without an approved Encroachment Agreement/Permit.
e. Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work. Screening of utility boxes shall be to the
satisfaction of the Director of Development Services.
f. Fuel Management Zones.
g. Top and bottom elevations of all retaining walls.
2. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work. The report shall be submitted with
the grading plan.
3. A drainage study using the lO0-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 flows across driveways are not permitted.
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4. The applicant shall pay all applicable engineering, plan checking, permit,
and inspection fees.
5. Old Coach Way shall be improved in accordance with the road standards of
Section 12.20.120 of the Poway Municipal Code for a local non-dedicated
rural road. The grading plan shall include a plan, profile, and typical
roadway section for improvements to Old Coach Way. Specifically, the
improvements shall consist of the following:
a. Widening and surfacing of the road to a 20-foot width between the
existing cul-de-sac bulb and the driveway of the subject property.
b. A 4-foot-wide graded shoulder made of compacted native material.
c. Appropriate roadway drainage measures and facilities.
d. Transition into the existing cul-de-sac on Old Coach Way.
6. Prior to issuance of a Grading Permit and if construction of this project is to
disturb one acre or more, the applicant shall file with the State Regional
Water Quality Control Board a Notice of Intent for coverage under the
statewide General Permit that covers stormwater discharges. Proof of filing
of the NOI and an assigned Waste Discharge Identification Number shall be
submitted to the Development Services Department - Engineering Division
prior to issuance of a Grading or Building Permit. Applications may be
obtained by contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467-2952
7. Prior to issuance of a Grading Permit, and if construction of this project is to
disturb one acre or more, the owner shall prepare a Storm Water Pollution
Prevention Plan (SWPPP) that effectively addresses the elimination of non-
storm runoff into the storm drain system. The SWPPP shall include, but not
be limited to, an effective method of hillside erosion and sediment control; a
desilting basin with a capacity of 3,600 cubic feet of storage per acre
drained, or designed to remove fine silt for a ten-year, six-hour storm event;
a material storage site; measures to protect construction material from
being exposed to storm runoff; protection of all storm drain inlets; on-site
concrete truck wash and waste control; and other means of Best
Management Practices to effectively eliminate pollutants from entering the
storm drain system. The engineer shall certify the SWPPP prior to issuance
of a Grading or Building Permit.
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8. Should there be a need for a new fire hydrant a water system analysis shall
be prepared to establish the proper size and location of the public water
system. Improvement plans for the fire hydrant shall be submitted for review
to the Engineering Division prior to issuance of a Grading Permit. The
applicant shall pay the City the costs for preparing the analysis, and plan
check and inspection fees.
9. The applicant shall pay all applicable engineering, plan checking, permit,
and inspection fees for both grading and improvement plans.
10. 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 of $2,000 cash security deposit is required.
11. The applicant shall attend a pre-construction meeting, at which time they
shall present an Action Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for erosion control can be provided using one or more of the
following guidelines:
1. Provide an onsite desiltation basin with a volume based on 3,600
cubic feet per tributary acre drained.
2. Cover all flat areas with an approved mulch.
3. Install an earthen or gravel bag berm that retains 3 inches of water
over all areas prior to discharge, effectively creating a desiltation
basin from the pad.
12. A leach field layout for the residence sewage disposal system shall be
submitted to the Engineering Division for review and approval, prior to
obtaining a septic system installation permit from the San Diego County
Department of Environmental Health. If a septic system installation permit
has been obtained without a City approved layout, one shall be submitted
prior to installation of the leach lines.
13. 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.
14. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. As a minimum, all
protected areas as shown on the project plans are to be staked by a
licensed surveyor and delineated with lathe and ribbon. A written
certification from the engineer of work or a licensed surveyor shall be
Resolution No. P-03-66
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provided to the Engineering Inspector stating that all protected areas are
staked in accordance with the approved project plans.
15. 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.
16. A landscape/irrigation plan, for slopes over 5:1 and Fuel Management
Zones, in accordance with the applicable requirements of the City of Poway
Guide to Landscape Requirements shall be submitted to and approved by
the Director of Development Services. Said plan shall show the following:
a. Irrigation and sizes and species for:
i. Landscaping all manufactured and disturbed slopes greater
than a 5:1 slope;
ii. The fuel management zones.
b. 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.
c. Trees shall be planted at the rate of one tree per 750 square feet of
slope area and shrubs shall be planted at the rate of one shrub per
100 square feet of slope area. Groundcovers shall be hydroseeded,
or hand planted cuttings appropriately spaced to eventually control
soil erosion.
d. A $525.00 deposit for plan checking is required with the landscape
plan submittal package.
17. All slope plantings shall be installed, and automatic irrigation system
shall be installed and operational at time of final inspection.
18. All construction activity on the project site, including equipment preparation
(i.e., warming up engines), shall be limited to the hours of 7:00 a.m. to 6:00
p.m. Monday through Saturday. Grading activities, including equipment
preparation, shall be limited to the hours of 7:00 a.m. to 6:00 p.m. Monday
through Friday.
19. At a minimum, all protected areas, as shown on the grading plan, 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 any grading, clearing or grubbing. A written certification from the
Resolution No. P-03-66
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engineer of work, or a licensed surveyor, shall be provided to the
Engineering Inspector stating that all protected areas are staked in
accordance with the approved project plans.
20. A maximum of 3.82 acres of on-site habitat is authorized to be removed
from the subject site as a result of the project (including all
clearing/disturbance associated with grading for the pad/driveway, fire fuel
management, and septic system installation). The remaining balance of on-
site habitat, estimated to be 18.68 acres, shall be placed in a Biological
Conservation Easement. Applicable easement plan check review fees
(currently $1,000 per document) shall be paid by the applicant. The City
shall, after the acceptance of the easement, process a General Plan
Amendment and Zone Change to change the land use and zoning
designation of the area of the easement to Open Space-Resource
Management (OS-RM).
21. A public recreation trail easement shall be provided generally along the
entire length of the site's road frontage, and shall be shown on the grading
plan. The executed easement document shall be submitted prior to the
issuance of a Building Permit. The precise alignment and width of the trail
easement (which is not to exceed 15 feet wide) shall be subject to the
review and approval of the Director of Development Services and the City's
Trail Coordinator. Public trail improvements shall be the responsibility of
the applicant.
E. Prior to construction the applicant shall obtain a Building Permit. Prior to issuance
of a Building Permit, the applicant shall comply with the following:
1. The building plans shall be consistent with the approved site plans and floor
plans dated August 21, 2003, on file in the Development Services
Department, except as modified by the conditions herein.
2. A detailed landscaping/irrigation plan which depicts slope landscaping, fire
fuel management landscaping, and tennis court lighting screening, must be
submitted in accordance to the City of Poway Landscape requirements.
The submittal shall be accompanied by an appropriate plan check fee
deposit calculated on the Landscape Plancheck Fee Worksheet.
3. A $2,000 erosion control cash security shall be posted with the City.
4. Erosion control, including but not limited to desiltation basins, shall be
installed and maintained by the developer throughout the duration of the
project. The developer shall maintain all erosion control devices throughout
their intended life.
Resolution No. P-03-66
Page 9
5. Rough grading of the lot is to be completed and 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 review and approval by the City.
6. Prior to delivery of combustible building materials, onsite water and fire
hydrants shall satisfactorily pass all required tests and be connected to the
public water system.
7. The applicant shall cause the preparation and recordation of a 20-foot-wide
public easement for the entire length of waterline required of this project. A
$1,000 processing fee for the easement documents shall be paid to the
City.
8. The following development fees shall be paid for each lot to the Engineering
Services Department prior to Building Permit issuance. These fees are
currently in effect and are subject to change.
Water: Meter Size Cost *Expansion Fee **SDCWA Fee Service Line
~-inch $130 $3,710 $2,004 $1,430
1-inch* $270 $6,678 $3,206 $1,430
* If a 1" meter is required only for fire safety/sprinklers, then ~" fees for
expansion and SDCWA will be applicable.
** To be paid by separate check, payable to San Diego County Water
Authority.
Traffic Mitigation $ 990
Park $2,720
Drainage N/A
9. Construction staking shall be installed by the owner and inspected by the
Engineering Inspector prior to any clearing, grubbing, or grading. As a
minimum, all protected areas as shown on the project plans are to be
staked by a licensed surveyor and delineated with lathe and ribbon. A
written certification from the engineer of work or a licensed surveyor shall
be provided to the Engineering Inspector stating that all protected areas are
staked in accordance with the approved project plans.
10. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School District
for additional information at (858) 748-0010, ext. 2089.
Resolution No. P-05-66
Page 10
11. The maximum height of any fence or wall shall not exceed 6 feet. Any walls
proposed shall be reflected on grading plans and shall be of decorative
block or stucco finish consistent with the exterior of proposed residence. A
color sample of proposed walls and fences shall be submitted to the
Planning Division for review and approval.
12. Building exterior finishes and roofing materials shall be muted earth tone in
color. A building materials/color board shall be submitted to be reviewed
and approved by the Director of Development Services.
13. An Affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be paid
prior to Building Permit issuance.
F. The applicant shall comply with the following conditions prior to the issuance of a
Certificate of Occupancy:
1. Road improvements, driveways, drainage facilities, slope landscaping and
protection measures, fire fuel management, and utilities, shall be
constructed, completed, and inspected by the Engineering Inspector. The
driveway shall be constructed in accordance with Poway Municipal Code,
Section 17.08.170.D, and its structural section shall be shown on the
grading plan.
2. A private road construction and maintenance agreement, in a form
satisfactory to the City Attorney, for the private road between the driveway
to the subject property and the nearest public road shall be executed by the
owner. Said agreement is to comply with Ordinance No. 280, City Code
Section 12.20.060.
$. The applicant shall repair any and all damages to the streets caused by
construction activity from this project to the satisfaction of the City Engineer.
4. An adequate drainage system around the building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector. Run-off shall not be permitted to pond near the
house foundation, or cause surface erosion along the slopes. Large
concentrated flows over the driveway and onto the street is not permitted.
5. All proposed utilities within the project site shall be installed underground.
6. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per section
16.52.130.B of the grading ordinance. Record drawings shall be submitted
in a manner to allow the City adequate time for review and approval prior to
issuance of occupancy and release of grading securities.
Resolution No. P-03-66
Page 11
7. All proposed utilities within the project site shall be installed underground.
G. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. Roof covering shall be fire retardant as per UBC Section 1503 and 1504,
UBC Standard 15-2 and City of Poway Ordinance No. 64 and its amended
Ordinance No. 526.
2. Approved numbers or addresses measuring 4 to 6 inches in height 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. Address shall be required at private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
4. Dead end access roadways in excess of 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 turnarounds and the width of access ways.
5. ']'he access roadway 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 protection system(s) shall be
provided as required and approved by the Chief.
6. A residential fire sprinkler system with a one-inch meter will be required.
Plans shall be submitted to the Fire Prevention Bureau for approval prior to
installation. (If a one-inch lateral off the street main is currently not present,
one will have to be installed.)
7. The applicant shall comply with the City of Poway Guide to Landscape
Maintenance as it relates to fuel management zones.
8. A fire hydrant will be required with this project. ']'he hydrant must be
located within 500 feet of the residence
9. Two (2) 2A:10BC fire extinguishers shall be located in the barn.
Section 5: This Minor Development Review Application 03-62 shall expire on October
21, 2005, at 5:00 p.m. unless a Building Permit has been issued and construction or use
of the property in reliance on this permit has commenced prior to its expiration.
Section 6: Pursuant to Government 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 October 21,2003.
Resolution No. P-03-66
Page 12'
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 21st day of October 2003.
~or~d, tputy Mayor
ATTEST:
Lo"~/~nne Peoples, City Cleri~ t- -
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- 03-66 , was duly adopted by
the City Council at a meeting of said City Council held on the 21st day of October 2003,
and that it was so adopted by the following vote:
AYES: EMERY, HIGGINSON, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: GOLDBY, CAFAGNA
Lori ~,hne PeOples, City'~le~k'[ - '
City'of Poway