Res P-04-15
RESOLUTION NO. P-04-I5
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 03-33
ASSESSOR'S PARCEL NUMBER 272-761-10
WHEREAS, MDRA 03-33 submitted by Nabin C. Panda, Applicant, requests approval
to allow the construction of a 4,772-square-foot, 2-story, single-family residence measuring a
maximum of 30 feet 6 inches in height, an attached 805-square-foot garage, on a 2.23-acre
property located at 17891 Highlands Ranch Terrace. The property is zoned Rural
Residential C (RR-C) and located within the Hillside/Ridgeline Review Area; and
WHEREAS, on February 17, 2004, 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, MDRA 03-33, is found to be Categorically Exempt from the
California 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 Poway Habitat Conservation Plan (HCP), biological surveys
were prepared for the property in March and May 2003, by Vincent N. Scheidt, Biological
Consultant. The site consists of 0.52 acres of Coastal Sage Scrub Habitat and 1.71 acres of
disturbed area, for a total of 2.23 acres. Project grading and Fire Fuel Management Zones
will impact approximately 1.01 acres; of this, 0.23 acres will be CSS habitat and 0.78 acres
disturbed land.
A. The mitigation is consistent with and furthers the implementing objectives of the
Poway Habitat Conservation Plan in that the applicant will mitigate the removal of
habitat at a 1:1 ratio through payment of an in-lieu fee at a rate established by the
City.
B. The cash I n-Lieu payment will go towards the purchase of mitigation habitat. Habitat
that is purchased will be located within the Mitigation Area to enhance the long-term
viability and function of the preserve system.
C. The mitigation will be to the long-term benefit of the covered species and their
habitats in that the cash In-Lieu Fee will go towards the purchase of land that will
have undisturbed habitat on which a biological conservation easement will be
recorded. Said land will promote a meaningful addition to the assembly of a viable
regional system of interconnected natural habitat resources, habitat linkages, buffers,
and wildlife corridors.
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Page 2
D. The mitigation shall foster the incremental implementation of the Poway HCP in an
effective and efficient manner in that any off-site conservation area is required to be
within an identified Mitigation Area within the City.
E. The mitigation will not result in a negative fiscal impact with regard to the successful
implementation of the Poway Habitat Conservation Plan.
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code,
to approve Minor Development Review Application 03-33 to construct a 4, 772-square-foot, 2-
story, single-family residence measuring a maximum of 30 feet 6 inches, an attached 805-
square-foot garage, on a 2.23-acre property located at 17891 Highlands Ranch Terrace, are
as follows:
A. The mitigation will not result in a negative fiscal impact with regard to the successful
implementation of the Poway HCP because no City funding will be required to
preserve the habitat.
B. That the home and garage have been sited to minimize landform alteration and
conform 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
C. 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
D. 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
E. 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 forthe aesthetics
of development; and
F. 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
G. That the proposed development will comply with each of the applicable provisions of
the Zoning Ordinance and the General Plan.
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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
03-33, to allow the construction of a 4,772-square-foot, 2-story, single-family residence
measuring a maximum of 30 feet 6 inches in height, an attached 805-square-foot car garage,
on a 2.23-acre property located at 17891 Highlands Ranch Terrace, per site plans and
grading plans on file with the Planning Division dated December 30,2003, and floor plan and
elevations dated June 10, 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 approval, the applicant shall submit in writing that all conditions of
approval have been read and understood.
C. The conditions of MDRA 03-33 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. If grading is to exceed 50 cubic yards of earthwork, or if the cut is greater than
two vertical depth and does create a cut slope steeper than 2:1 (two horizontal
to one vertical) and the fill is more than one foot in vertical depth then the
applicant shall apply for a Grading Permit and submit a grading plan for the
review and approval to the Development Services Department. If the above
conditions do not apply, then the applicant shall provide a certification from a
State Registered Civil Engineer indicating the quantity of earthwork involved
and pay a $500 inspection fee prior to Building Permit issuance.
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2. If grading is required, 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. 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. Fire Fuel Management Zones.
3. 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.
4. 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.
5. The applicant shall pay all applicable engineering; plan checking, permit, and
inspection fees.
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6. Grading securities in the form of a performance bond and a cash deposit, or
letter of credit, shall be posted with the City prior to grading plan approval. A
minimum $2,000 cash refundable security deposit is required for emergency
erosion and storm water pollution site clean-up if it becomes necessary,
regardless whether a Grading Permit was required or not.
7. Should there be a need for a new fire hydrant, the applicant shall apply for a
water system analysis to establish the proper size and location of the public
water system. The fee for the analysis is $1,250. If a hydrant is required, the
applicant shall submit improvement plans, along with plan check and
inspection costs for this improvement.
8. 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.
9. A landscape/irrigation plan for slopes over 5:1 and Fire 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 greaterthan
a 5:1 slope;
il. The Fire 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. Groundcover shall be hydroseeded, or hand
planted cuttings appropriately spaced to eventually control soil erosion.
10. All slope plantings shall be installed, and automatic irrigation system
shall be installed and operational at time of final inspection.
11. 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 7:00
p.m. Monday through Saturday. Grading activities, including equipment
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preparation, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday
through Friday.
12. According to the habitat assessment and area calculations prepared by
Vincent N. Scheidt, Biological Consultant, on March and May 2003, the site
consists of 0.52 acres of Coastal Sage Scrub and 1.71 acres of disturbed land,
for a total of 2.23 acres. Project grading and Fire Fuel Management Zones will
impact approximately 1.01 acres; of this 0.23 acres will be Coastal Sage Scrub
habitat and 0.78 acres disturbed land. Mitigation will be completed as follows:
The 0.23 acres of Coastal Scrub mitigation will require the dedication of
equivalent or higher quality habitat within the identified Mitigation Area of the
Poway HCP and shall be contiguous to an existing on-site conservation
easement area, or if it is infeasible to secure this type of habitat in this area the
mitigation shall be located somewhere else in the Mitigation Area. If it can be
demonstrated that either of these alternatives cannot be accomplished, the
applicant will be required to mitigate for the 0.23 acres of Coastal Sage Scrub
through payment of a habitat mitigation In-Lieu Fee at the rate established at
the time of Grading Permit issuance. The habitat mitigation In-Lieu Fee is
presently $10,000/acre. Payment of the fee will be paid prior to Grading
Permit issuance, unless a different amount is required pursuant to a
refinement of the habitat impact as determined by a qualified biologist and
approved by the Director of Development Services.
13. In accordance with Condition H of the Poway HCP Incidental Take Permit, a
take of active California Gnatcatcher nests, which includes harassment of the
bird due to grading noise and vibrations from February 15 through July 1, is
not permitted. Therefore, grading during this time frame 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. If grading or clearing is to occur between February 15 and July 1, the
applicant shall provide to the Planning Division before issuance 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 a 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
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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 Gnatcatcher 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.
14. 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. 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 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.
15. 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.
16. 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
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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.
17. The biologist shall provide the City with written confirmation that the limits of
clearing/grading are in accordance with the project's Biological Resource
Assessment.
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 grading
plans dated December 30,2003, and floor plan and elevations dated June1 0,
2003, on file in the Development Services Department, except as modified by
the conditions herein.
2. 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 approved mulch.
c. 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.
3. 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.
4. The site shall be developed in accordance with the approved site plans and
conditions of approval 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.
5. 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
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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.
6. Rough grading of the lot is to be completed and must meet the approval ofthe
City Inspector and shall include submittal of the following:
a. A certification of line and grade prepared by the engineer of work.
b. A final soil compaction report for review and approval by the City.
7. A $2,000 erosion control cash security shall be posted with the City.
8. Prior to start of any work within City-held easements or rights-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.
9. The following development fees shall be paid 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
0/. inch $130 $3,710 $2,004 $1,430
*1 inch $270 $6,678 $3,206 $1,430
* If a 1" meter is required for fire safety only, 0/." meter fees for expansion
and SDCWA will be applicable.
** To be paid by separate check made payable to the San Diego County
Water Authority.
Sewer: Connection Cleanout box Inspection Indirect Benefit
$3,356 $50 $25 $500
Traffic Mitigation = $ 990
Park = $2,720
Drainage = $1,570
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, ex!. 2089.
11. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
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12. 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.
13. An Affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be paid
prior to Building Permit issuance.
14. Fire Fuel Management Zones shall be shown on Building Permit site plans.
F. The applicant shall comply with the following conditions prior to occupancy:
1. 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. 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 are not permitted.
3. 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. All proposed utilities within the project site shall be installed underground.
5. 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.
6. No encroachment or development into trail easement is permitted with out
written authorization from the Public Works Department.
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
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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. The 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.
5. 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.)
6. The applicant shall comply with the City of Poway Guide to Landscape
Maintenance as it relates to fire Fuel Management Zones.
Section 6: This Minor Development Review Application 03-33 shall expire on February
17,2006, 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 February 17, 2004.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 17th day of February 2004.
ATTEST:
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Page 12
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-04-I5 , was duly adopted by
the City Council at a meeting of said City Council held on the 17th day of February 2004, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE