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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. Resolution No. P-05-70 Page 4 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. Resolution No. P-05-70 Page 5 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 Resolution No. P-05-70 Page 6 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 Resolution No. P-05-70 Page 7 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. Resolution No. P-05-70 Page 8 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 Resolution No. P-05-70 Page 9 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 Resolution No. P-05-70 Page 10 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 Resolution No. P-05-70 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