Res P-02-66
RESOLUTION NO. P-02-66
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW 01-46
ASSESSOR'S PARCEL NUMBER 321-111-15
WHEREAS, MDRA 01-46 submitted by P.H. Bonaguidi, Applicant, requests the
approval of a Minor Development Review Application to construct a 4,650-square-foot
single-family residence and detached 875-square-foot guest/pool house on an 8-acre
property located at 16041 Eucalyptus Heights Road. The property is zoned Rural
Residential A and located within the Hillside/Ridgeline Review Area; and
WHEREAS, on November 12, 2002, the City Council held a public meeting to
consider the merits of the appeal request relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: The project, MDRA 01-46, is found to be Categorically Exempt under the
provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15303(a), Class 3, as it is the construction of a single-family residence in a residential zone
in an urbanized area.
Section 2: Pursuant to the City of Poway Subarea Habitat Conservation Plan (PSHCP),
a biological survey was conducted by Vincent Scheidt on December 3, 1998 for a
previously approved MDRA 98-98 project for the site. Subsequently the report was revised
by Brock Ortega on July 17, 2002, August 26, 2002, and October 1, 2002 to update the
distribution of habitat on the site and identify new habitat impacts associated with the
revised project known as MDRA 01-46. Project grading and Fuel Management Zones will
impact Coastal Sage Scrub (CSS), Chaparral (SMX), and mixed Coastal Sage
Scrub/Chaparral (CSS/SMX) habitat. In accordance with the Poway HCP, the required
findings for approval of the proposed mitigation for the removal of habitat for MDRA 01-46
are as follows:
A. The project site is within the Mitigation Area of the PSHCP and also within the
Rattlesnake Canyon Cornerstone and Biological Core and Linkage Area. The
mitigation is consistent with and furthers the implementing objectives of PSHCP in
that the applicant will mitigate the removal of 0.55 acres of CSS and 0.17 acres of
CSS/SMX habitat at a 2:1 ratio and the removal of 1.25 acres of SMX habitat at a
1: 1 ratio. The mitigation will be satisfied through a combination of on-site dedication
of a biological conservation easement involving comparable undisturbed and
unencumbered habitat of equal or greater value and/or payment of a mitigation In-
Lieu Fee.
B. The mitigation habitat will be located in the Mitigation Area to enhance the long-term
viability and function of the preserve system in the mitigation will be accomplished
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through dedication of a Biological Conservation Easement preserving a minimum of
1.10 acres of comparable undisturbed and unencumbered Coastal Sage habitat,
0.34 acre of comparable undisturbed and unencumbered mixed Coastal Sage and
Chaparral habitat, and 1.25 acre of Chaparral habitat of equal or greater value within
the Mitigation Area of the Poway HCP and/or the payment of a habitat mitigation In-
Lieu Fee.
C. The mitigation will be to the long-term benefit of the covered species and their
habitats in that the dedication of a conservation easement over undisturbed habitat
or payment of a habitat mitigation In-Lieu Fee 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 shall be placed in
an Open Space Conservation Easement. The Open Space Conservation Easement
will further the goals of the Poway HCP.
D. The mitigation will foster the incremental implementation of the Poway Habitat
Conservation Plan in an effective and efficient manner in that any off-site habitat will
be within an identified Mitigation Area within the City and contiguous to other habitat
areas to minimize edge effect.
E. The mitigation will not result in a negative fiscal impact with regard to the successful
implementation of the Poway Habitat Conservation Plan in that the subject
mitigation area will be dedicated to the City of Poway in fee title by the project
proponent orthe City will use the payment of a habitat mitigation In-Lieu Fee toward
dedication of such land. Therefore, such dedication will not result in a negative
fiscal impact.
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code,
to approve Minor Development Review Application 01-46 to construct a 4,650-square-foot
single-family residence and detached 875-square-foot guest/pool house at 16041
Eucalyptus Heights Road in the RR-A, are made as follows:
A. That the home and guest/pool house have been sited to minimize landform
alteration and conforms with 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 addition is compatible with and will not adversely affect,
or be materially detrimental to adjacent uses, residents, buildings, structures, or
natural resources; and
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C. That the granting of the Minor Development Review would not be materially
detrimental to the public health, safety, or welfare since the proposed use will
complete improvements as deemed necessary; and
D. That the approved development encourages the orderly and harmonious
appearance of structures and property within the City as the neighboring properties
consist of rural residential estate lots with similarly spaced home sites. The project
has been designed to minimize impacts on the surrounding community by utilizing a
low profile architectural design and earth-toned wall and roof materials. 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; 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, traffic, and widening of Poway
Grade/Mina De Oro mitigation 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 01-46, to allow
the construction of a 4,650-square-foot, single-family residence, and a detached 875-
square-foot guest house on a property located at 16041 Eucalyptus Heights Road per
plans on file with the Planning Division dated September 27, 2002, 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.
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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 01-46 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. Submit 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. At a
minimum, the grading plans 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 priorto 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. Top of wall and bottom of wall elevations.
g. Fire protection zones pursuant to the Fire Management Zone pursuant
to the site plan dated September 27,2002 on file with the Planning
Division to the satisfaction of the Director of Safety Services.
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h. Limits of clearing/grading in accordance with the October 1, 2002
Biological Resource Assessment.
I. The location of the Biological Conservation Easement area.
2. Submit a soils/geological report 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 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.
4. To insure compliance with the Clean Water Act, the applicant 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 desiltation basin that has 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 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.
5. The applicant shall pay all applicable engineering; plan checking, permit, and
inspection fees.
6. 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 $2,000 cash security is required.
7. A landscape/irrigation plan in accordance with the applicable requirement of
the City of Poway guide to Landscape requirements shall be submitted and
approved by the Director of Development Services. Said plan shall include
landscaping for all manufacture and disturbed slopes greater than 5: 1 slope
and for Fire Management Zones. In accordance with said requirements, and
the Poway General Plan requirement for hillside development, the
landscaping shall utilize materials and similar in appearance to the existing
native vegetation. The plan shall include trees and shrubs to provide visual
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relief of the retaining walls and buildings to the satisfaction of the Director of
Development Services.
8. According to the habitat assessment and area calculations prepared by
Brock A. Ortega, October 1,2002, the project will impact approximately 0.55
acres of Coastal Sage Scrub (CSS), approximately 0.17 acres of Mixed
Coastal Sage Scrub/Chaparral (CSS/SMX), and approximately 1.25 acres of
Chaparral (SMX). Impacted CSS and CSS/SMX habitat shall be mitigated at
a minimum of 2:1 ratio for 1.10 acres of undisturbed unencumbered native
CSS habitat and .34 acres of CSS/SMX habitat. Impacted SMX habitat shall
be mitigated at a minimum of 1:1 ratio for 1.25 undisturbed native SMX
habitat. Mitigation will be completed as follows:
a. Payment of a habitat mitigation compensation In-Lieu Fee in the
amount of $26,900 or the amount in effect at the time of payment of
the fee. The In-Lieu Fee is based on the present In-Lieu Fee of
$10,000/acre, QI
b. Off-site acquisition and dedication of habitat of equal or greater
conservation value located in the Mitigation Area of the adopted
Poway HCP and approved by the Director of Development Services.
Said off-site dedication shall require the applicant to place 2.69 acres
of in-kind habitat in a Biological Conservation Easement. The location
of the habitat is subject to the approval of the Director and must
further the objectives of the PSHCP to enhance the viability of the
preserve system. Said Biological Conservation Easement shall be
approved by the Director of Development Services and shall be
notarized and recorded with the County of San Diego; or
c. On-site dedication of 2.69 of habitat of equal or greater conservation
value. Said on-site dedication shall require the applicant to place 2.69
acres of in-kind habitat in a Biological Conservation Easement. Said
Conservation Easement shall be approved by the Director of
Development Services and shall be notarized and recorded with the
County of San Diego at the cost ofthe applicant. Ifthere is insufficient
remaining undisturbed unencumbered native CSS habitat on-site, the
applicant may satisfy the CSS mitigation requirement by paying a
habitat mitigation compensation In-Lieu Fee for the difference.
9. Any remaining undisturbed habitat not used for development or mitigation of
biological resource impacts on the project site shall be placed in an Open
Space Conservation Easement for further protection of the City's HCP goals.
10. In accordance with Condition H of the Poway Subarea HCP Inëidental Take
Permit, a take of active California Gnatcatchers nests, which includes
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harassment of the bird due to grading noise and vibrations from February 15
through July 1, is not permitted. Therefore, grading during this timeframe will
only be permitted subject to the following conditions having been met to the
satisfaction of the Director. The applicant is hereby advised 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.
a. Before issuance of a clearing/grading permit, the applicant shall
provide for review and approval by the Director 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 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 biologist shall contact the USFWS to determine the appropriate
survey methodology. 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. The
biologist shall report the results of such monitoring to the Director
following the completion of the clearing and grading operations.
c. Should the report show, to the satisfaction of the Director, 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. 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.
d. The biologist must attend the City's pre-construction meeting for the
project and must be present on-site during all clearing/grading
activities to monitor that the clearing/grading activities stay within the
designated limits. On a daily basis, the biologist shall also monitor
and survey habitat within the area to be disturbed/graded and any
habitat within 500 feet of said area for any evidence that a
Gnatcatcher nest(s) exists or is being built. Should evidence of a
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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
required to stop due to the presence of active nests, the applicant
shall be required to 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.
e. Upon completion of the clearing/grading activities, the applicant's
biologist shall submit to the Director 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.
11. 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 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.
12. The biologist shall provide the City with written confirmation that the limits of
clearing/grading are in accordance with the June 14, 1999 Biological
Resource Assessment.
13. Pursuant to Poway Landscape Guidelines and the Fuel
Management/Landscape plan on file with the City for landscape of all
manufactured slopes greater than a 5:1 slope and Fuel Management Zones,
all landscaping and irrigation shall be installed to the satisfaction of the
Director of Development Services and the Fire Marshal. Manufactured
slopes greater than 5: 1 shall be planted with a combination of ground cover,
shrubs, and trees (with ratios and sizes consistent with the guidelines), and
shall be provided with an automatic irrigation system operational at the time
of final inspection. A $525.00 plan check fee/deposit is required with the
landscape plan submittal package.
14. A fence between the approved development area of the parcel and the
Conservation Easement Deed area shall be installed and maintained to
protect in perpetuity the conservation values and function of the Property.
The applicant shall obtain approval by the Director of Development Services
regarding the specific location, type and height of the fence prior to its
installation.
E. Compliance with the following conditions is required during grading operations:
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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 Uniform Building Code, the
City Grading Ordinance, the approved grading plan, the approved soils
report, and grading practices acceptable to the City.
2. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer throughout the duration of the
construction period. The developer shall maintain all erosion control devices
throughout their intended life.
3. 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.
4. Construction staking in accordance with the approved grading plans shall be
maintained.
F. 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
elevations dated September 27,2002, on file in the Development Services
Department, except as modified by the conditions herein.
2. 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.
3. The building plans shall depict the approved exterior materials and colors
consistent with the approved sample board showing the proposed colors and
exterior building materials.
4. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
5. The maximum height of any fence or wall shall not exceed 6 feet. Wall
reflected on conceptual grading plans 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.
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6. If a grading permit is required, 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 each lot, prepared by the engineer
of work.
b. A final soil compaction report for each lot for review and approval by
the City.
7. 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 priorto
permit issuance.
8. Leach field layout or seepage pit layout for the residence sewage disposal
system shall be submitted to the City's Engineering Services Division for
review and approval prior to obtaining a septic system installation. If a permit
is obtained without a City approved layout, a copy shall be submitted prior to
installation of leach lines. Leach field and septic system shall be shown on
grading plan prior to issuance of grading plan approval.
9. The following development fees shall be paid to the Engineering Services
Division prior to building permit issuance. These fees are currently in effect
and are subject to change.
a. Traffic Mitigation $990
b. Park $2,720
c. Drainage $1,570
d. Widening of Poway Grade/Mina De Oro Assessment $7,000
10. An affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be paid
prior to building permit issuance.
11. A deed restriction shall be notarized and recorded with the County of San
Diego stating that no portion of the pool/guest house shall ever be rented or
leased as a separate unit and that no kitchen facilities shall be installed. No
natural gas connection or 220V electricity is permitted in the pool/guest
house counter/sink area. The applicant shall submit an original, notarized
deed restriction to the City of Poway Planning Division with the appropriate
recordation fee for filing with the County of San Diego.
G. The applicant shall comply with the following conditions prior to occupancy:
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1. Improvements to driveways, drainage facilities, slope landscaping and
protection measures, and utilities, shall be constructed, completed, and
inspected by the Engineering I nspector. 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. 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.
3. All proposed utilities within the project site shall be installed underground.
4. 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.
5. The developer shall repair, to the satisfaction of the City Engineer, any and
all damages to the public or private road improvements caused by
construction activity from this project.
6. A private road construction and maintenance agreement for Eucalyptus
Heights Road, in a form satisfactory to the City Attorney, shall be executed
by the owner and/ or developer. Said agreement is to comply with Ordinance
No. 280, City Code Section 12,20.060.
7. Fencing shall be muted in colors that blend with the native surroundings
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 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. This dwelling is being built on a parcel size of 8 acres and is beyond 500 feet
maximum from the nearest fire hydrant. The dwellings will be required to
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have a minimum 10,OOO-galion standby water tank for firefighting and a
residential sprinkler system. Contact the Fire Prevention Bureau for
assistance in locating the water tank and location of fire department
connection prior to installation
5. A residential fire sprinkler system with a one-inch meter will be required for
residence and guesthouse. 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.)
6. The applicant shall comply with the City of Poway Guide to Landscape
Maintenance as it relates to Fuel Management Zones.
Section 6: This Minor Development Review Application 01-46 shall expire on November
12, 2004, 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 12, 2002.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 12th day of November 2002.
or
ATTEST:
~~
Sherrie D. Worrell, Deputy ity Clerk
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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- 02-66, was duly adopted by the City
Council at a meeting of said City Council held on the 12th day of November 2002, and that
it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA