Res P-05-66
RESOLUTION NO. P-05-66
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 05-18
ASSESSOR'S PARCEL NUMBER 277-010-09
WHEREAS, Minor Development Review Application (MDRA) 05-18, submitted by
Chris and Annette Thompson, Applicants, requests approval to penmit the construction of an
approximately 6,529-square-foot, two-story, single-family residence, on a 14.42-acre, vacant
parcel addressed as 14385 Cheyenne Trail, within the Rural Residential A zone and within
the Hillside/Ridgeline Review Area; and
WHEREAS, on October 11, 2005, 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 05-18, 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 Poway Habitat Conservation Plan (HCP), a habitat assessment
was prepared by the REC Consultants, Inc. on July 28, 2000, and follow-up reports prepared
by the project biologist, Robin Church, REC Biological Consulting, dated January 19. 2004,
May 11, 2005, and September 11, 2005, to identify habitat and assess impacts associated
with construction of a single-family residence. Project grading and brush clearance for Fuel
Management zones will impact 2.0 acres of Coastal Sage Scrub (CSS) as identified in the
biological report. 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 located outside of the Biological Core Linkage Area (BCLA) of the
PSHCP and within the area designated the Resource Conservation Area (RCA). The
site contains 12.79 acres of CSS. Development of the site will result in impact to 2.0
acres of CSS. 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 ratio of 2: 1. The mitigation will be satisfied through on-site dedication of a
Biological Conservation Easement of a minimum of 4.0 acres involving the
preservation of comparable unencumbered habitat or re-vegetated habitat of equal or
greater value, or payment of an In-Lieu Dedication Fee.
Resolution No. P-05-66
Page 2
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
Easement preserving a minimum of 4.0-acres on-site of comparable, undisturbed
CSS habitat or payment of an In-Lieu Fee.
C. The mitigation will provide long-term benefit of the covered species and their habitats
in that the dedication of a Biological 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 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 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 in ownership by the applicant and the
easement will be 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 MDRA 05-18 to construct an approximately 6,529-square-foot, two-story, single-
family residence, on a 14.42-acre, vacant parcel located at 14385 Cheyenne Trail, are as
follows:
A. That the home and garage have been sited within areas of less than 15% slope 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
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 in that the proposed residence is a custom
residence on a rural residential parcel. 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. That the project has been designed to minimize impacts on the surrounding
community by utilizing architectural design elements of arched windows, balconies,
Resolution No. P-05-66
Page 3
and columns typically found in custom homes in the surrounding neighborhoods of
Old Coach and Heritage Estates. The exterior colors are proposed as earth tones
with a dark brown slate concrete tile roof. 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 connect to existing public utilities and roadways
within the Heritage Estates development; 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, needed as a result of the proposed development to protect the public health,
safety, and welfare, are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project. The construction of public
improvements is needed as a result of the proposed development to protect the public
health, safety, and welfare as identified below:
1. In accordance with the Poway General Plan, the project requires the payment
of drainage, park, affordable housing, and traffic fees, which are assessed on
a pro-rata basis to finance public infrastructure improvements, which promote
a safe and healthy environment for the residents of the City.
Section 5: The City Council hereby approves MDRA 05-18, to allow the construction of an
approximately 6,529-square-foot, two-story, single-family residence on a 14.42-acre vacant
parcel located at 14385 Cheyenne Trail, consistent with the site plans, conceptual grading
plan, and floor plan dated April 4, 2005, and elevations dated June 3, 2005, on file with the
Planning Division, 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 05-18 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.
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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:
(Engineering)
1. A grading plan for the development of the lot, prepared on a City of Poway
standard mylar at a scale of 1" = 20', shall be submitted, along with a Grading
Permit application and applicable fees, to the Development Services
Department, Engineering Division, for review and approval. A grading plan
submittal checklist is available at the Engineering Division front counter. 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. 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.
b. Proposed driveway access, in compliance with the specifications
provided in Section 17.08.170D ofthe Poway Municipal Code, including
minimum structural sections, together with their elevations and grades.
The driveway approach shall comply with the Regional Standard
Drawings.
c. A separate erosion control plan for prevention of sediment runoff during
construction. The plan shall provide for an on-site de-silting basin with
a volume based on 3,600 cubic feet per tributary acre drained.
d. Locations of all utilities (proposed and existing), together with the
appurtenances and any easements. Encroachments are not penmitted
upon any easement without an approved Encroachment Agreement!
Permit.
e. All new slopes shall have a maximum 2 to 1 ratio (horizontal to vertical).
f. 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. All utilities are required to be
installed underground.
g. Fuel Management Zones consistent with City Standards and as
approved by the Fire Marshal.
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Page 5
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. The following easement described from Old Republic Title Company
NO. 2507010352-3 shall be shown on the plans, and no structure(s) shall be
built over them:
a. Item 4 granted to the San Diego Gas and Electric Company.
b. Item 6 granted to the San Diego Gas and Electric Company.
4. Easements shown on the site plan shall be described in written and plotted
forms:
a. Clearing Easements granted per County recorded document number.
b. Maintenance easement granted per County recorded document
number.
c. SDG&E Easement granted per County recorded document number.
5. The grading plans shall demonstrate that the project confonms to the Standard
Urban Stormwater Mitigation Plan (SUSMP) regulations.
6. 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
(NOI) for coverage under the Statewide General Permit that covers storm
water discharges. Proofoffiling of the NOI and an assigned Waste Discharge
Identification Number shall be submitted to the Development Services
Department, Engineering Division, prior to issuance of a Grading or Building
Permit. Applications may be obtained by contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467-2952
7. If construction of this project is to disturb one acre or more, the applicant shall
prepare a Stonm 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,
Resolution No. P-05-66
Page 6
6-hour stonm event; a material storage site; measures to protect construction
material from being exposed to stonm 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.
8. The applicant shall pay all applicable engineering, plan checking, penmit, and
inspection fees.
9. Grading securities in the form of a perfonmance 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.
10. 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 de-silting 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 de-silting basin from
the pad.
11. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. At a minimum, all areas
to be protected within a Biological Conservation Easement and an Open
Space Easement shall be reflected on a revised site plan and staked by a
licensed surveyor and delineated with lathe and ribbon prior to grading. 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. 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.
Resolution No. P-05-66
Page 7
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 6:00 p.m. Monday
through Friday.
14. All erosion control and pollutant control measures shall be installed and
maintained by the developer throughout the duration of the construction
period.
(Planning)
15. The biological resources analysis prepared by Robin Church, REC Biological
Consulting, dated September 11,2005, and identified 12.79 acres of Coastal
Sage Scrub (CSS) on the site. Mitigation for 2.0 acres of impacted CSS will be
resolved through the dedication of a Biological Conservation Easement of 4.0
acres and an Open Space Easement over the balance of the site not used for
development. Said Easements shall be approved by the Director of
Development Services, and shall be notarized and recorded with the County of
San Diego. The easement documents shall include a plat map of the subject
parcel showing the limits of the easements and a legal description of each. A
licensed civil engineer shall prepare this information. Original plat map,
stamped and signed by the Engineer, shall be submitted. Permanent fence
stakes as defined in 9(d) above.
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 Biological Conservation Easement to Open Space-Resource
Management (OS-RM) zone to insure its permanent preservation.
16. In accordance with Condition H of the PSHCP 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, any grading or clearing 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. Before issuance of a Clearing/Grading Permit, if grading or clearing is
to occur between February 15 and July 1 , the applicant shall provide to
the Planning Division a letter from a qualified biologist retained by the
Resolution No. P-05-66
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applicant, with a scope of work for the CSS habitat and Gnatcatcher
Survey, and a map showing all habitat areas, including all CSS habitat,
within 500 feet of the area to be graded. The biologist shall contact the
USFWS to detenmine the appropriate survey methodology. The
purpose of the survey is to detenmine if any active Gnatcatcher nests
are located in the area to be cleared or graded, or if CSS habitat is
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 USFWS. 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.
b. Should the survey show, to the satisfaction of the Director of
Development Services, that active Gnatcatcher nests are not present
within the area to be graded or cleared, or within 500 feet of said area,
approval may be granted to commence grading/clearing within the
Gnatcatcher nesting season between February 15 and July 1.
c. If Gnatcatchers are present within the area to be graded/cleared, or
within 500 feet of that area, no grading will be allowed unless
appropriate mitigation is completed.
17. The biologist shall provide the City with written confirmation that the limits of
clearing/grading and brush management in the field are in accordance with the
project's Biological Resource Analysis referenced in Planning Condition #10
above.
18. In order to identify and demarcate the boundaries of the habitat area to be
preserved with the Biological Conservation Easement and Open Space
Easement, prior to Building Permit issuance, the applicant shall install and
maintain metal signs (available at the City) and metal fence stakes (T-stakes
painted white) 6 feet in height [2 feet below grade and 4 feet exposed above
grade] as follows: A stake shall be installed at the property line at the point of
intersection with the easement boundary line and also installed at intervals of
75 feet along the length of the easement boundary line. The purpose of this
staking is to identify the boundaries of the conservation easement areas and to
protect in perpetuity the conservation values and function of the Property.
19. A landscapelirrigation plan for slopes over 5:1 and Fuel Management zones,
in accordance with the applicable requirements of the City of Poway Guide to
Landscape Requirements, shall be submitted to and approved by the Director
of Development Services. Said plan shall show the following:
a. Irrigation, and sizes and species for landscaping all manufactured and
disturbed slopes greater than a 5:1 slope and Fuel Management Zones.
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Page 9
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.
20. All on-site and off-site project grading may be required to be conducted
outside the rainy season.
E. Prior to construction, the applicant shall obtain a Building Permit. Prior to issuance
of a Building Penmit, the applicant shall comply with the following:
(Engineering)
1. The site shall be developed in accordance with the approved site plans and
conditions of approval contained herein. Grading shall be in accordance with
the Unifonm 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. 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.
4. Prior to delivery of combustible building materials, on-site water systems shall
satisfactorily pass all required tests and be fully operational.
5. 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.
6. The applicant shall pay to the City the reimbursement amount as identified for
the subject parcel in the Agreement for Reimbursement of Cost of Permanent
Public Improvements for Northpoint Development, Inc., dated March 1,2005.
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7. The following development fees shall be paid to the Engineering Division prior
to Building Permit issuance. These fees are currently in effect and are subject
to change.
Water:
Meter
Expansion Fee
Service Line
SDCWA Capacity"
SDCWA Water Treatment Capacity
Yo inch
$ 130
$3,710
$1 ,430
$3,985
$ 153
1 inch
$ 270
$6,678
$1 ,430
$6,376
$ 245
.
If a 1" meter is required forfire safety only, Yo" 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 Fee =
Indirect Benefit fee =
Cleanout fee =
Cleanout Inspection fee =
$3,356.00
$ 500.00
$ 50.00 per cleanout
$ 25.00 per cleanout
Traffic Mitigation =
Park =
Drainage =
$ 990
$2,720
$1,570
(Planning)
8. The building plans shall be consistent with the approved site plans, grading
plans, floor plans dated April 4, 2005, and elevations dated June 3, 2005, on
file in the Development Services Department, except as modified by the
conditions herein.
9. 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) 679-2570.
10. 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 the proposed residence.
11. An Affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be paid
prior to Building Permit issuance.
12. All living quarters shall be equipped with low-flow plumbing fixtures.
Resolution No. P-05-66
Page 11
F. The applicant shall comply with the following conditions prior to occupancy:
(Engineering)
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 penmitted 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 penmitted.
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
(Planning)
6. All permanent landscaping and an automatic irrigation system for landscaping
on all manufactured slopes greater than 5:1 and Fuel Management zones
shall be installed and operational at time of final inspection.
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 Sections 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.
Resolution No. P-05-66
Page 12
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. The access roadway shall be extended to within 150' 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 Section Chief.
6. A residential fire sprinkler system is required. Plans shall be submitted to
the Fire Prevention Bureau for approval prior to issuance of a Building Permit.
(If a one-inch lateral off the street main is currently not present, one will have
to be installed.)
7. The applicant shall comply with the City of Poway Guide to Landscape
Requirements as it relates to Fuel Management Zones.
8. An electric powered gate across the access way to the residence shall have a
Knox override key switch that shall be ordered through the Poway Fire
Department.
Section 6: This MDRA 05-18 shall expire on October 11, 2007, 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 October 11, 2005.
Resolution No. P-05-66
Page 13
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 11th day of October 2005.
ATTEST:
~c~
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. P-05-66 was duly adopted by the City Council
at a meeting of said City Council held on the 11 th day of October 2005, and that it was
so adopted by the following vote:
AYES:
BOYACK, HIGGINSON, CAFAGNA
NOES:
NONE
ABSENT:
REXFORD, EMERY
DISQUALIFIED: NONE
~kc~
City of Poway