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Res P-03-78 RESOLUTION NO. P-03-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR DEVELOPMENT REVIEW APPLICATION (MDRA) 03-64 ASSESSOR'S PARCEL NUMBER 322-041-24 WHEREAS, MDRA 03-64, submitted by Tom Fee, Applicant, requests the approval of a Minor Development Review Application to construct a modular single- family residence, 14 feet in height, consisting of 1,681 square feet of living space and a detached 720-square-foot garage on a 2.52-acre parcel located at the terminus of Crestline Drive, south of Iron Mountain Road. The property is zoned Rural Residential- A (RR-A) and located within the Hillside/Ridgeline Review Area; and WHEREAS, on November 18, 2003, 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 resolve as follows: Section 1: MDRA 03-64 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. Section 2: Pursuant to the City of Poway Habitat Conservation Plan (HCP), a habitat assessment was prepared by ERB Engineering, dated September 29, 2003, to identify habitat impacts associated with the project. Project grading and implementation of fuel management zones will impact Coastal Sage Scrub (CSS) habitat as identified by the project biologist, Vincent N. Scheidt, dated August 30, 2002. In accordance with the Poway Subarea Habitat Conservation Plan (PSHCP), the required findings for approval of the proposed mitigation for the removal of habitat for construction of a single-family house and detached garage are as follows: A. The project site is within the Mitigation Area of the PSHCP. The mitigation is consistent with and furthers the implementing objectives of the PSHCP in that the applicant will mitigate the removal of 2.0 acres of CSS at a 1:1 ratio. The mitigation will be satisfied through on-site dedication of a biological conservation easement of 0.52 acres on-site and 1.48 acres off-site involving the preservation of comparable unencumbered habitat or re-vegetated habitat of equal or greater value or payment of In-Lieu Dedication Fee. B. The mitigation habitat will be located within the Mitigation Area of the PSHCP to enhance the long-term viability and function of the preserve system in that the mitigation will be accomplished through dedication of a biological conservation Resolution No. P-03-78 Page 2 easement preserving a minimum of 0.52 acres on-site and 1.48 acres off-site of comparable unencumbered CCS habitat on-site that is either undisturbed or re- vegetated CSS habitat or payment of In-Lieu Fee equal to 1.48 acres. Areas impacted by the installation of the leach fields will be re-vegetated with comparable plant species and a five-year monitoring program will be developed as part of the Conditions of Approval contained herein. C. The mitigation will provide long-term benefit of the covered species and their habitats in that the dedication of a conservation easement over undisturbed 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. Any remaining habitat not used for development or mitigation of biological resource impacts will be placed in a Biological Conservation Easement and will be recorded and filed in the office of the County Recorder of San Diego County. The Open Space Easement furthers the goals of the PSHCP. D. The mitigation will foster the incremental implementation of the PSHCP in an effective and efficient manner in that the Biological Conservation Easement is contiguous with other dedicated open space lands to the west, east, and south on parcels 322-041-04, 322-041-25, and 322-041-23. E. The mitigation will not result in a negative fiscal impact with regard to the successful implementation of the PSHCP in that the subject mitigation area will be placed in a recorded conservation easement paid and maintained by the applicant. Therefore, such dedication will not result in a fiscal impact. Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code, to approve Minor Development Review Application 03-64 to construct a 1,681- square-foot, modular single-family residence, including a 720-square-foot detached garage, measuring a maximum height of 14 feet, on a 2.52-acre parcel located at the terminus of Crestline Drive, south of Iron Mountain Road, east of Canyon Pass, are as follows: A. That the home and garage have been sited to minimize landform alteration with the use of retaining walls, 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 Resolution No. P-03-78 Page 3 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 tan color coated stucco and a rust colored mission style tile roof material. Therefore, the proposed development respects the public concerns for the aesthetics of development; and 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 Minor Development Review Application 03-64, to allow the construction of a 1,681-square-foot, modular single-family residence, including a 720-square-foot detached garage, measuring a maximum height of 14 feet, on a 2.52-acre parcel located at the terminus of Crestline Drive, south of Iron Mountain Road, east of Canyon Pass, per site plans, floor plans, and elevations on file with the Planning Division dated July 14, 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. Resolution No. P-03-78 Page 4 B. Within 30 days of approval, the applicant shall submit in writing that all conditions of approval have been read and understood. C. The conditions of MDRA 03-64 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: 1. The applicant shall sign and record with the County of San Diego Recorder's Office a Biological Conservation Easement dedicating 0.52 acres on-site and submit payment of an In-Lieu Fee for the 1.48 acres of comparable CSS habitat to achieve a total of 2.0 acres equal to a ratio of 1:1 mitigation of disturbed habitat. Note: In compliance with the PSHCP, the City shall process a General Plan Amendment and Zone Change to change the/and use and zoning designation of the area of the open space easement to Open Space-Resource Management (OS-RM) zone to insure its permanent preservation. 2. The site is located within an area identified by the U.S. Fish and Wildlife Service as providing habitat that supports the Quino Checkerspot Butterfly (QCB), which is listed as an endangered species. Due to the recent fire that has reduced the potential for a presence of the QCB for spring of 2004, prior to issuance of a grading permit, U.S. Fish and Wildlife shall be contacted to confirm that a protocol survey is unwarranted. 3. 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 Resolution No. P-03-78 Page 5 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. Location of Fire Fuel Management Zones consistent with City standards. g. Location of native habitat as identified by the applicant's biologist. The plans shall indicate areas to be preserved and shall note limits of grading. h. Location and details of retaining walls and fencing. i. Leach field layout plan. j. Water tank and access location and details. 4. 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. 5. A drainage study using the 100-year storm frequency criteria shall be submitted with the grading plan. The drainage system shall be capable of handling and disposing all surface water within the project site and all surface water flowing onto the project site from adjacent lands. Said system shall include all easements required to properly handle the drainage. Concentrated flows across driveways are not permitted. 6. The grading plans shall include improvements to Crestline Drive between the driveway of the subject lot and the driveway of the lot known as APN 322-041-25, which is the adjacent parcel to the north. The road improvements shall be constructed to the standards of non-dedicated rural Resolution No. P-03-78 Page 6 streets in accordance with Poway Municipal Code Section 12.20.120. As a minimum, the improvements shall include the following: a. Improvement and paving of the roadway to a width of 20 feet, with 4-foot-wide shoulders and drainage improvements for proper drainage of surface water. b. Transition from the paved terminus to the new road section. c. Provision of asphalt curb where required for drainage. d. Appropriate traffic safety signage and delineation. 7. 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 storm water 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 8. 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. 9. The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. Resolution No. P-03-78 Page 7 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 cash security of $2,000 is required. 11. City water is not available to this area. The applicant shall demonstrate an approved well system for the residence from the San Diego Department of Health. 12. Leach field layout or seepage pit layout for the sewage disposal system shall be submitted to the City's Development Services Department for review and 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 system installation permit has already been obtained, a layout plan shall be submitted to the City for review prior to installation of leach lines. 13. 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: a. Provide an on-site desiltation basin with a volume based on 3,600 cubic feet per tributary acre drained. b. Cover all flat areas with an approved mulch. c. Install an earthen or gravel bag berm that retains 3 inches of water over all disturbed areas prior to discharge, effectively creating a desiltation basin from the pad. 14. A landscape/irrigation plan, along with a $525.00 deposit for plan checking, shall be submitted for review and approval by the Development Services Department in accordance with the applicable requirements of the City of Poway Guide to Landscape Requirements and Fire Fuel Management. The landscape and irrigation plan shall indicate the following: a. Automatic irrigation system. b. Plant sizes and species for manufactured and disturbed slopes greater than a 5:1 slope which reflect one 15-gallon tree per 750 square feet of slope area and one l-gallon shrub for each 100 square feet of slope area, and ground cover. Resolution No. P-03-78 -- Page 8 c. Distance of each fire fuel management zone. d. Fire retardant plant species within zones three and four. e. Plant material that will blend with surrounding native vegetation. 15. 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. 16. Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. At a minimum, all protected areas, as shown on the grading plan, shall be staked by a licensed surveyor and delineated with construction orange fencing. The applicant shall have said fencing inspected by the Engineering Inspector prior to any grading, clearing or grubbing. 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. 17. 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. E. During grading or clearing for construction or fuel management, the applicant shall comply with the following: 1. In accordance with Condition H of the PSHCP Incidental Take Permit, a take of active California Gnatcatchers nests, which includes harassment of the bird due to grading noise and vibrations from February 15 through July 1, is not permitted. Therefore, any additional grading or clearing for fire fuel management during this time frame will only be permitted subject to the following conditions having been met to the satisfaction of the Director. If Gnatcatchers are found during grading, all grading operations shall .... cease until the biologists certifies that the gnatcatchers are no longer present. a. If grading or clearing is to occur between February 15 and July 1, the applicant shall provide to the Planning Division before issuance Resolution No. P-03-78 -- Page 9 of a Clearing/Grading Permit, a letter from a qualified biologist retained by the applicant with a scope of work for a CSS habitat and Gnatcatcher survey and report for the area to be cleared and/or graded and CSS habitat areas within 500 feet of such area. The biologist shall contact the USFWS to determine the appropriate survey methodology. The purpose of the survey is to determine if any active Gnatcatcher nests are located in the area to be cleared or graded or in CSS habitat within 500 feet of such area. To be considered qualified, the biologist must provide the City with a copy of a valid Gnatcatcher Recovery Permit from the U.S. Fish and Wildlife Service (USFWS). b. The scope of work shall explain the survey methodology for the biological survey and the proposed Gnatcatcher nest monitoring activities during the clearing/grading operation. c. Should the report show, to the satisfaction of the Director of Development Services, that Gnatcatchers nests are not present within the area to be graded/cleared or within CSS habitat located within 500 feet of said area, approval may be granted to commence clearing/grading within the Gnatcatcher nesting season from February 15 through July 1. d. If Gnatcatchers are present within the area to be graded/cleared or within CSS habitat located within 500 feet of said area, no grading will be allowed during this time. e. The applicant is hereby notified that, during grading, if active nests are found within 500 feet of the grading, the grading activity shall be stopped until such time as mitigation measures to the satisfaction of the City and the United States Fish and Wildlife Service (USFWS) are implemented. There is no guarantee that grading will be allowed to resume. 2. The biologist must attend the City's pre-construction meeting for the project and must be present on-site during all clearing/grading and brush management activities to monitor that the clearing/grading activities stay within the designated limits. During this period, the biologist shall also monitor and survey the habitat, on a daily basis, within the area to be cleared/graded and any habitat within 500 feet of said area for any __ evidence that a Gnatcatcher nest(s) exists or is being built. Weekly monitoring summaries shall be submitted to the Planning Division. Should evidence of a Gnatcatcher nest(s) be discovered, the grading operation shall cease in that area and be directed away from the Gnatcatcher nest(s) to a location greater than 500 feet away from the nest(s). If grading is Resolution No. P-03-78 Page 10 required to stop due to the presence of active nests, the applicant shall provide erosion control to the satisfaction of the City Engineer. This paragraph must be included as a note on the cover sheet of the clearing/grading plan. 3. If any clearing/grading or brush management activities occur between February 15 and July 1, and upon completion of the clearing/grading activities, the applicant's biologist shall submit to the Director of Development Services a biological monitoring report summarizing the daily observations of the biologist, including whether any Gnatcatchers or evidence of active Gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area. 4. At a minimum, all dedicated biological conservation areas shall be staked by a licensed surveyor, and delineated with lathe and ribbon prior to any grading/clearing or brush management activities. The applicant shall have said staking inspected by the Engineering Inspector prior to any grading, clearing, or grubbing. 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. 5. The biologist shall provide the City with written confirmation that the limits of clearing/grading and brush management are in accordance with the project's Biological Resource Assessment. F. Prior to issuance of a Building Permit, the applicant shall comply with the following: 1. The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. Grading shall be in accordance with the City Grading Ordinance, the approved grading plan, the approved soils report, the Uniform Building Code, and grading practices acceptable to the City. 2. 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. _ 3. Prior to delivery of combustible building materials, on-site water systems shall satisfactorily pass all required tests and be fully operational. Resolution No. P-03-78 Page 11 4. All erosion control and pollutant control measures shall be installed and maintained by the developer throughout the duration of the construction period. 5. 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. 6. The following development fees shall be paid to the Engineering Services Division. These fees are currently in effect and are subject to change. Sewer Septic system Drainage = $1,200.00 Traffic Mitigation -- $990.00 Park -- $2,720.00 7. The applicant shall submit the location, color, and materials of the water tank to be approved by the Director of Development Services and the Fire Marshal. 8. All proposed utilities within the project site shall be installed underground and shall be indicated on the grading plans. 9. The building plans shall be consistent with the approved site plans and floor plans dated July 14, 2003, on file in the Development Services Department, except as modified by the conditions herein. 10. A Fire Management Plan, showing the minimum 100-foot zone or as modified by the Fire Marshall, must be submitted in accordance to the City of Poway Landscape requirements. 11. 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. 12. Water, sewer, and fire protection systems plans shall be designed and constructed to meet the requirements of the City of Poway. 13. 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 Resolution No. P-03-78 -- Page 12 decorative block or stucco finish consistent with the exterior of proposed residence. 14. An Affordable Housing In-Lieu Fee in the amount of $3,181.00 shall be paid prior to Building Permit issuance. Prior to issuance of a Certificate of Occupancy: 1. Road improvements to Crestline Drive, driveways, drainage facilities, slope landscaping and protection measures, and utilities shall be constructed, completed, and inspected by the Engineering Inspector. The driveway shall be constructed in accordance with Poway Municipal Code, section 17.08.170D, and its structural section shall be shown on the grading plan. 2. A private road construction and maintenance agreement for Crestline Drive, in a form satisfactory to the City Attorney, shall be executed by the owner. Said agreement is to comply with Ordinance No. 280, City Code Section 12.20.060. 3. 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. 4. All proposed utilities within the project site shall be installed underground. 5. The developer shall repair, to the satisfaction of the City Engineer, any and all damages to the private road improvements caused by construction activity from this project. 6. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per section 16.52.130B of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. H. 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 Resolution No. P-03-78 Page 13 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. This dwelling is being built on a parcel size of 2.52 acres and is beyond the 500 feet maximum distance from the nearest fire hydrant. The dwelling will have to have standby water for firefighting and a residential sprinkler system. Contact the Fire Prevention Bureau for details. 6. A residential fire sprinkler system will be required. Plans shall be submitted to the Fire Prevention Bureau and the Fire Marshall for approval prior to installation. 7. The applicant shall comply with the City of Poway Guide to Landscape Maintenance as it relates to fire fuel management zones. 8. A minimum 10,000-gallon water tank with a fire department connection shall be installed for fire protection purposes. Contact the Fire Prevention Bureau for location of water tank and fire department connection. Section 6: This Minor Development Review Application 03-64 shall expire on November 18, 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 7: 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 November 18, 2003. Resolution No. P-03-78 Page 14 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, this 18th day of November 2003. Mich~ayor ATTEST: nne Peoples, City ~'ler~ 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- 03-78 , was duly adopted by the City Council at a meeting of said City Council held on the 18th day of November 2003, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE ["6ri Anne ~)eoples, City Clerl~ City of Poway