Res P-05-70
RESOLUTION NO. P-05-70
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 03-23R AND RESCINDING RESOLUTION P-04-03
ASSESSOR'S PARCEL NUMBER 314-650-29
WHEREAS, MDRA 03-23R, submitted by Mary McCarty, Applicant, is requesting a
time extension of a previously approved Minor Development Review Application to construct
a 2,800-square-foot, 2-story, single-family residence with an attached garage, and a
detached tack building, horse barn, and arena on a 3.05-acre property located along the
west side of Midland Road, north of Twin Peaks Road. The property is zoned Rural
Residential A (RR-A) and located within the Hillside/Ridgeline Review Area. Pursuant to
Section 17.52.050, City Council approval is required for grading and development within the
identified Hillside/Ridgeline Review Area. This application also includes a request to
increase the approved height of the pad for the arena from 719.7 feet to 723.7 feet, and the
barn pad area from 719 feet to 725 feet; and
WHEREAS, on January 6,2004, the City Council previously approved MDRA 03-23,
which will expire on January 6, 2006; and
WHEREAS, on October 25, 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 03-23R, 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: The findings, in accordance with Section 17.52 of the Poway Municipal Code,
to approve Minor Development Review Application 03-23R to construct a 2,800-square-foot,
2-story, single-family residence with an attached 900-square-foot, 3-car garage, and a
detached 320-square-foot tack building, a 620-square-foot horse barn, and a 6,786-square-
foot arena on a 3.05-acre property located along the west side of Midland Road, north of
Twin Peaks Road, are as follows:
A. The mitigation will not result in a negative fiscal impact with regard to the successful
implementation of the Poway Habitat Conservation Plan (HCP) because no City
funding will be required to preserve the habitat.
B. That the home, garage, arena and associated structures have been sited to minimize
landform alteration and conform to City zoning and grading standards. Therefore,
Resolution No. P-05-70
Page 2
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 ofthe Minor Development Review Application time extension 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. That 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
F. Thatthe 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.
Section 3: 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 4: The City Council hereby approves Minor Development Review Application
03-23R, to allow the construction of a 2,800-square-foot, 2-story, single-family residence,
an attached 900-square-foot, 3-car garage, a 320-square-foot tack building, a 620-square-
foot horse barn, and a 6,786-square-foot arena on a 3.05-acre property located along the
Resolution No. P-05-70
Page 3
west side of Midland Road, north of Twin Peaks Road, per site plans and grading plans on
file with the Planning Division dated September 14, 2005, and floor plan and elevations
dated July 30, 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 03-23R 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. Resolution No. P-04-03 is hereby rescinded.
E. 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 apply for a revision to the previously approved grading
plans for the development of the lot, including the revised pad elevations.
Plan check fees for the revised grading plans shall be determined by the City
Engineer and paid by the applicant prior to the approval of the revisions.
2. The developer shall pay a fee of $1,000 to the Engineering Division for the
review and processing of a Biological Open Space Easement being conveyed
to the City of Poway.
3. If construction of this project is to disturb one acre or more, the project owner
shall file with the State Regional Water Quality Control Board a Notice of Intent
(NOI) for coverage under the statewide General Permit, which covers storm
water discharges. Proof of filing of the NOI and an assigned Waste Discharge
Identification Number shall be submitted to the Development Services
Department - Engineering Division prior to issuance of the Grading Permit.
Applications for the NOI 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
4. 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.
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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 ten-year,
six-hour storm event; a material storage and handling 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 including a weather triggered action plan. The
engineer shall certify the SWPPP prior to issuance of the Grading Permit.
5. Grading securities in the form of a perfonnnance 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 security is required.
6. A copy of the approved septic field layout for the sewage disposal system from
the County Health Department shall be submitted to the Engineering Division.
7. The developer shall pay a fee, estimated to be $402.35, to the Building
Division for the review and approval of the retaining wall design and the related
structural calculations for the proposed retaining walls shown on the revised
grading plan.
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 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.
9. 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.
10. Prior to any rock blasting, a pre-blast survey ofthe 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.
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11. 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
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.
(Planning)
12. 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:
L Landscaping all manufactured and disturbed slopes greater than
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.
13. All slope plantings shall be installed, and the automatic irrigation system
shall be installed and operational at time of final inspection.
14. Construction activity on the project site, including equipment preparation
(Le., 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.
15. According to the habitat assessment and area calculations prepared by
Vincent N. Scheidt, Biological Consultant, on June 20, August 6, and October
6, 2003, the site consists of 2.74 acres of Chaparral and 0.31 acres of
disturbed land, for a total of 3.05 acres. Project grading and Fire Fuel
Management Zones will impact approximately 1.86 acres; of this 1.63 acres
will be Chaparral and 0.23 acres disturbed land.
Mitigation will be completed as follows:
a. On-site dedication of 1.11 acres of Chaparral Habitat, of equal or
greater conservation value, to compensate for a portion of the 1.63
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acres of Chaparral that will be impacted. Said on-site dedication shall
require the applicant to place 1.11 acres of Chaparral and 0.08 acres
Disturbed Habitat in a Biological Conservation Easement. 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.
b. The remaining 2.15 acres of Chaparral 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 2.15 acres of Chaparral 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.
16. 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.
17. Before issuance of a Clearing/Grading Pennnit, 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 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 ofthe 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
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biologist must provide the City with a copy of a valid Gnatcatcher Recovery
Permit from the U.S. Fish and Wildlife Service (USFWS).
a. 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 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.
18. 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.
19. 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.
20. 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.
21. 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.
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22. 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.
23. Permanent poles, a minimum of 4' and a maximum of 6', shall be installed
between the approved development area of the parcel and the Biological
Conservation Easement bordering the area of native habitat to delineate in
perpetuity the conservation values and function of the property to the
satisfaction of the Director of Development Services. Said poles shall be
reflected on the landscape plans and revised site plan.
24. The applicant's Engineer shall provide a plat map and legal description
showing the Biological Conservation Easement area. The plat map submitted
shall be an original, and shall be stamped and signed by the Engineer.
Separate plan check fees will be required for review of this easement.
25. The signed and notarized Biological Conservation Easement document
shall be returned to the City, for review and approval, then to be recorded with
the County of San Diego. The applicable review fees and fees for the
recordation shall be submitted by the applicant.
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
grading plans dated September 14, 2005, and floor plan and elevations dated
July 30, 2003, on file in the Development Services Department, except as
modified by the conditions herein.
(Engineering)
2. 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.
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 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
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Development Services Department. All appropriate fees shall be paid prior
to permit issuance.
5. Prior to delivery of combustible building materials, the on-site water system
shall satisfactorily pass all required tests and be fully operational.
6. 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: Project site contains an existing 1" service. A backflow
prevention device is required at the meter.
Sewer: Serviced by a septic system
Traffic Mitigation = $ 990
Park = $2,720
Drainage = $1,500
(Building)
7. 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.
8. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
(Planning)
9. The maximum height of any fence or wall shall not exceed 6 feet. Any walls
proposed shall be reflected on the grading plans and shall be of decorative
block or stucco finish consistent with the exterior of the proposed residence. A
color sample of proposed walls and fences shall be submitted to the Planning
Division for review and approval.
10. An Affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be paid
prior to Building Permit issuance.
11. Fire Fuel Management Zones shall be shown on Building Permit site plans.
12. The water tank shall be shown on the Building Plans and shall be painted a
muted earth tone.
G. 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
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Engineering Inspector. The driveway shall be constructed in accordance
with Poway Municipal Code, Section 17.G8.170D, 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. In accordance with Municipal Code Section 12.20.060, a Private Road
Maintenance Agreement, in a form satisfactory to the City Attorney, shall be
executed by the property owner. The applicant shall provide to the City a legal
description and plat map for this agreement.
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 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.
4. Every building hereafter constructed shall be accessible to Fire Department
apparatus by way of access roadways with all-weather driving surface of not
less than 16 feet of unobstructed width, with adequate roadway turning radius,
capable of supporting the imposed loads of fire apparatus, and having a
minimum of 13 feet 6 inches of vertical clearance. The road surface type shall
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Page 11
be approved by the City Engineer, pursuant to the City of Poway Municipal
Code.
5. Dead end access roadways in excess of 150 feet long shall provide 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.
6. This dwelling is being built on a parcel size of 3.05 acres and is beyond the
500 feet maximum from the nearest fire hydrant. The dwelling will have to
have standby water for firefighting and a residential sprinkler system.
Contact the Fire Prevention Bureau for details.
7. 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.
8. The applicant shall comply with the City of Poway Guide to Landscape
Requirements as it relates to Fire Fuel Management Zones.
9. The driveway past the residence is to be widened to 16 feet if bam structures
are not fire sprinklered. If structures are fire sprinklered, the driveway width
may be reduced to 12 feet.
10. A minimum of 100 feet of fuel management will be required. The fuel
management conditions will comply with new established City standards.
11. A minimum 10,000-gallon water tank, with Fire Department connection, will
be required for fire protection. Contact the Fire Prevention Bureau for location
of the water tank and Fire Department connection.
Section 5: This Minor Development Review Application 03-23R shall expire on October
25.2007. 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 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 October 25, 2005.
Resolution No. P-05-70
Page 12
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 25th day of October 2005.
ATTEST:
L ~Shea, City CI,,.
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-05-70 was duly adopted by the City Council
at a meeting of said City Council held on the 25th day of October 2005, and that it was
so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
L. iane Shea, City Clerk
City of Poway