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Res P-04-20 RESOLUTION NO. P-04-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR DEVELOPMENT REVIEW APPLICATION (MDRA) 03-53 ASSESSOR'S PARCEL NUMBER 278-200-25 WHEREAS, Minor Development Review Application (MDRA) 03-53 submitted by Mohling Hoyt Partners, Applicant, requests approval to permit the construction of a 6,400- square-foot, 2-story, single-family residence, measuring a maximum height of 30 feet and two attached two-car garages totaling 980-square-feet, on a 9.24-acre property located along the west side of Running Deer Trail west of Highway 67. The property is zoned Rural Residential A (RR-A) and located within the Hillside/Ridgeline Review Area; and WHEREAS, on March 16, 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 03-53, is found to be Categorically Exempt from the California Environmental Quality Act (CEQA), as follows: A. Construction of the project would be classified 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. B. A habitat assessment was prepared by the project biologist, Vincent N. Scheidt, dated May 1998, to identify habitat impacts associated with the tentative map and to establish potential open areas. Project grading and implementation of fire fuel management zones will impact Chaparral habitat as identified. 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: 1. The project site is located outside of the Biological Core Linkage Area (BCLA) of the PSHCP and is adjacent to PRPA 13a. The site is within an area where 50% of the habitat is to be preserved. The mitigation is consistent with and furthers the implementing objectives of the PSHCP in that the applicant will mitigate the removal of 1.99 acres of mixed Chaparral at a 2:1 ratio. The mitigation will be satisfied through on-site dedication of a Biological Conservation Easement of a minimum of 3.98 acres involving the preservation of comparable unencumbered habitat or re-vegetated habitat of equal or greater value or payment of In-Lieu Dedication Fee. The subject site was created with TPM 97-14, which designated 36.43 acres of a 73-acre site as Resolution No. P-O4-20 Page 2 biological open space. Therefore, more than 50% of the habitat will be preserved. 2. 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 Easement preserving a minimum of 3.98 acres on-site of comparable unencumbered Chaparral habitat on-site that is either undisturbed or revegetated Chaparral habitat or payment of In-Lieu Fee equal to 3.98 acres. Installation of the leach fields will be located within the areas required for fire fuel management and will not further reduce the habitat. 3. 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 an Open Space 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. 4. 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 as noted on Final Map 18547 and the Poway Resources Survey Report and Evaluation of Resource Values, prepared May 1988. 5. 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 Biological Conservation Easement paid and maintained by the applicant. Therefore, such dedication will not result in a fiscal impact. Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal Code to approve MDRA 03-53 for the construction of a 6,400-square-foot, two-story, single-family residence, measuring a maximum of 30 feet in height, and two attached two-car garages totaling 980-square-feet, on a 9.24-acre parcel located along the west side of Running Deer Trail, are as follows: A. That the home and garages 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 Resolution No. P-O4-20 Page 3 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 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 an architectural design that utilizes varying roof elevations, earth-toned exterior and clay roof materials; 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 3: The findings, pursuant to Government Code Section 66020 for the public improvements, 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 4: The City Council hereby approves MDRA 03-53, to allow the construction of a 6,400-square-foot, 2-story, single-family residence, measuring a maximum of 30 feet in height, and two attached two-car garages totaling 980-square-feet, on a 9.24-acre parcel located along the west side of Running Deer Trail, per site plans, grading plans, floor plans, and elevations on file with the Planning Division dated November 11, 2003, subject to the following conditions: Resolution No. P-04-20 Page 4 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 03-53 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 record a Biological Conservation Easement over 3.98 acres of the site. Said Biological Conservation Easement shall be approved by the Director of Development Services and shall include the existing open space and an additional area to equal a total of 3.98 acres. The easement shall be notarized and recorded with the County of San Diego. In order to further the goals ofthe HCP, any remaining undisturbed habitat not used for development, fire fuel management, driveway, utilities, or mitigation of biological resource impacts on the project site shall be placed in an Open Space Easement for further protection of the City's PSHCP goals. The Biological Conservation Easement and the Open Space Easement shall include a plat map of the subject parcel identifying the location of the easements and legal description of each easement. Note: In compliance with the PSHCP, the City shall process a General Plan Amendment and Zone Change to change the land use and zoning designation of the area of the Open Space Easement to Open Space-Resource Management (OS-RM) zone 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 ofthe QCB for spring of 2004, priorto issuance of a grading permit, U.S. Fish and Wildlife shall be contacted to confirm that a protocol survey is unwarranted. a. All new slopes with a maximum 2:1 (horizontal to vertical) ratio. Tops and toes of graded slopes shall be shown with a minimum 5-foot setback from open space areas and property lines. Structures 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. Resolution No. P-O4-20 Page 5 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 and bottom elevations of all retaining walls. g. Fire Fuel Management Zones. h. A community trail, as identified on the City's trail plan to be located within the roadway way easement along the outer edge, if feasible, as determined by the Public Works Director. i. Biological Conservation Easement and Open Space Easement. The plans shall indicate areas to be preserved and shall note limits of grading. j. Water tank and access location and details. 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 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. The applicant shall file with the State Regional Water Quality Control Board a Notice of Intent (NOI) 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 Resolution No. P-04-20 Page 6 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 5. 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 de- silting basin with a capacity of 3,600 cubic feet of storage per acre drained, or designed to remove fine silt for a 10-year, 6-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. 6. The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. 7. 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. 8. 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 desilting 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 areas prior to discharge, effectively creating a desilting basin from the pad. Resolution No. P-04-20 Page 7 9. 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 provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans. 10. 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. 11. A leach field layout for the residence sewage disposal system shall be submitted to the Engineering Division for review and approval priorto obtaining a septic permit. If the permit is obtained without a City approved layout, a copy shall be submitted prior to installation of the leach lines. The septic system, including the leach filed, shall be shown on the grading plan. 12. 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 1-gallon shrub for each 100 square feet of slope area, and ground cover. c. 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. d. 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. e. Distance of each fire fuel management zone. f. Fire retardant plant species within zones three and four. Resolution No. P-04-20 Page 8 g. Plant material that will blend with surrounding native vegetation. h. All slope plantings shall be installed, and automatic irrigation system shall be installed and operational at time of final inspection. I. The plans shall show a rural trail along the approximately 15-foot outer edge of the roadway easement of Running Deer Trail, iffeasible, to the satisfaction of the Director of Public Works. 13. 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 preparation, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. 14. In accordance with Condition H of the PSHCP Incidental Take Permit, a take of active California Gnatcatchers nests, which includes harassment ofthe bird due to grading noise and vibrations from February 15 through July 1, is not permitted. Due to the recent Cedar fire the property currently does not have adequate vegetation to provide nesting for Gnatcatchers during the 2004 breeding season. Any grading or clearing for fire fuel management occurring during the nesting season from February 15 through July 1,2005 and later will only be permitted subject to the following conditions having been met to the satisfaction of the Director. The City will conduct a site inspection to determine if a biological study is required to determine if Gnatcatchers are within 500 feet of the proposed grading. If Gnatcatchers are found during grading, all grading operations shall cease until the biologist certifies that the gnatcatchers are no longer present. The applicant will be responsible for providing appropriate erosion control if grading cannot continue to the satisfaction of the City Engineer. a. If grading or clearing is to occur between February 15 and July 1,2005, or later, 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 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). Resolution No. P-O4-20 Page 9 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, 2005, or later. 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 ofthe 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. 15. 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. 16. 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 conservation and Open Space Easements. 17. All proposed utilities within the project site shall be installed underground. 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 site shall be developed in accordance with the approved site plans and conditions of approval as 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. Resolution No. P-O4-20 Page 10 2. The maximum height of any fence or wall shall not exceed 6 feet. No walls or fences shall be installed that may constrict wildlife movement through the conservation easement open space corridors except as approved by the City of Poway prior to installation. Any walls proposed shall be reflected on grading plans and shall be of decorative block or stucco finish consistent with the exterior of the proposed residence. 3. An easement for the community trail easement shall be prepared for recordation, to the satisfaction of the Director of Development Services, if the trail is determined feasible by the Director of Public Works. 4. 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. 5. 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. 6. 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 prepared by the engineer of work. b. A final soil compaction report for review and approval by the City. 7. 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. 8. 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. Traffic Mitigation = $ 990 Park = $2,720 Drainage = $1,570 9. The construction of the proposed water tank will require a building permit. The building permit shall include proposed color for the tank and a site plan that identifies access to the tank. The location of the tank shall meet the approval Resolution No. P-O4-20 Page 11 of the Fire Department and Planning. The tank shall be painted a muted color to the satisfaction of the Director of Development Services. 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. 11. Water, sewer, and fire protection systems plans shall be designed and constructed to meet the requirements of the City of Poway. 12. An Affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be paid prior to Building Permit issuance. 13. All living quarters shall be equipped with low-flow plumbing fixtures. F. The applicant shall comply with the following conditions prior to occupancy: 1. The driveway, 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. The applicant shall provide a copy of the recorded private road maintenance agreement for maintenance of Running Deer Trail executed by the property owners. Said agreement is to comply with Ordinance No. 280, and City of Poway Municipal Code section 12.20.060. A legal description and plat map shall accompany the agreement. The maintenance of Running Deer Trail will be in accordance with the private road maintenance agreement recorded September 19, 2000, as recorded in the office of the County Recorder, Document No. 2000-0501080. 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. 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. 4. 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. 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 Resolution No. P-O4-20 Page 12 a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. 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. This dwelling is being built on a parcel size of 9.24 acre(s) and is a maximum of 500 feet beyond 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. 5. A residential fire sprinkler system will be required for residence and garage. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. 6. The applicant shall comply with the City of Poway Guide to Landscape Maintenance as it relates to fuel management zones. 7. A minimum 1 O,OOO-galion water tank with a Fire Department connection will be required for fire protection purposes. Contact the Fire Prevention Bureau for location of water tank and Fire Department connection. Section 5: This MDRA 03-53 shall expire on March 16, 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 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 March 16, 2004. Resolution No. P-O4- 20 Page 13 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 16th day of March 2004. ATTEST: ~l(ljØ OÙUIOO Sherrie D. Worrell, Deputy City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-04-20 , was duly adopted by the City Council at a meeting of said City Council held on the 16th day of March 2004, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE ~LJ 0.1 J.J) § a.f) Sherrie D. Worrell, Deputy City Clerk City of Poway