Res P-06-08
RESOLUTION NO. P-06-08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 05-59
ASSESSOR'S PARCEL NUMBER 277-140-11 and 12
WHEREAS, Minor Development Review Application (MDRA) 05-59 submitted by
Garczynski Development, Inc., Applicant, requests approval to construct an approximate
4,900-square-foot, one-story, single-family residence on a vacant, approximate 8.3-acre
site located at 16311 Esopla Road, in the Rural Residential A zone and with the Hillsidel
Ridgeline Review area; and
WHEREAS, on February 7, 2006, 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 05-59, is found to be 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: The findings, in accordance with Section 17.52 of the Poway Municipal Code,
to approve MDRA 05-59, are as follows:
A. That the single-family residence has 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
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 single-
family residence is consistent with surrounding residences. Therefore, the proposed
design, size, and scale of the proposed project 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 a low-profile architectural design, and earth-toned wall and roof
Resolution No. P-06-08
Page 2
materials. 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 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.
Section 4: Pursuant to the City of Poway Subarea Habitat Conservation Plan (PSHCP),
a biological report prepared by Vince Scheidt, Biological Consultant, dated December
28, 2005, was submitted for the property. The majority of the site is located within the
Mitigation Area, Proposed Resource Protection Area (PRPA) 8 and the Biological Core and
Linkages Area (BClA) of the PSHCP. A tributary to Sycamore Creek bisect the northerly
portion of the site. The northerly portion of the site is considered valuable from a
preservation standpoint. Development associated with the project will impact
approximately 1.9 acres of land on the site, which is inside of the Mitigation Area of the
PSHCP. Of the 1.9 acres that will be impacted, 0.67 acres are Diegan Coastal Sage
Scrub, 0.14 are Chamise Chaparral, and 1.09 are Non-Native Grassland. The project will
place 5.54 acres of remaining habitat that are on-site and within the Mitigation Area within a
Biological Conservation Easement (BCE) for mitigation. Of the 5.54 acres that will be
placed in the BCE, 1.98 acres will be Southern Coast Live Oak Riparian Forest, 3.23 acres
will be Diegan Coastal Sage Scrub, and 0.33 acres will be Chamise Chaparral. In
accordance with the PSHCP, the required findings for approval of the proposed mitigation
for the removal of these specified habitats for Minor Development Review Application
05-59 are as follows:
A. The proposed project is inside of the Mitigation Area of the PSHCP. The mitigation
is consistent with and furthers the implementing objectives of the PSHCP in that the
applicant will mitigate impacts to habitat at required ratios. Said mitigation will be
through dedication of suitable habitat and the recordation of a Biological
Conservation Easement Deed preserving comparable undisturbed and
unencumbered habitat of equal or greater conservation value located within the
Resolution No. P-06-08
Page 3
PSHCP Mitigation Area. Additionally, preservation will occur within PRPA 8, which
has high preservation value.
B. Preservation of such habitat within the Mitigation Area and PRPA 8 will contribute
toward the building of the ultimate total Mitigation Area preserve system of the
PSHCP. Therefore, such habitat preservation will serve to enhance the long-term
viability and function of the preserve system.
C. The habitat preserved through on-site dedication will be to the long-term benefit of
the PSHCP covered species and their habitats in that the recordation of a Biological
Conservation Easement Deed over undisturbed and unencumbered habitat (See
"A" above), will promote a meaningful addition to the assembly of a viable regional
system of uninterrupted natural habitat resources, habitat linkages, buffers, and
wildlife corridor since the habitat preservation will occur within PRPA 8.
D. The preserved habitat will foster the incremental implementation of the PSHCP in
an effective and efficient manner in that the preservation of on-site conservation
area(s) will be within the Mitigation Area within the City, and will contribute towards
assembling the total Mitigation Area preserve system.
E. The preserved habitat will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP as the subject mitigation lands will be
dedicated to the City of Poway in fee title andlor placed within permanent public
Biological Conservation Easement.
Section 5: The City Council hereby approves MDRA 05-59, to construct an approximate
4,900-square-foot, one-story, single-family residence, pursuant to the site plans on file
with the Planning Division dated December 23, 2005, and floor plans and elevations on file
dated October 12, 2005, 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 05-59 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, if the amount or type of grading requires a Grading Permit, the
applicant shall obtain a Grading Permit. Prior to issuance of a Grading Permit,
the applicant shall comply with the following:
Resolution No. P-06-08
Page 4
(Engineering)
1. A grading plan for development of the lot, prepared on a City of poway
standard mylar sheet at a scale of 1"=20', shall be submitted along with a
Grading Permit application and the 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. As a minimum, the grading plan shall show the following:
a. Tops and toes of graded slopes shall be shown with a minimum five-
foot setback from open space areas and property lines. The house
shall be located at least five feet from tops and toes of slopes, unless
waived by the Planning Division andlor Engineering Division prior to
issuance of the Grading Permit.
b. Proposed driveway access in compliance with the specifications
provided in Section 17.08.170D of the Poway Municipal Code,
including the minimum structural section together with its elevations
and grades. The driveway approach shall comply with the Regional
Standard Drawings. The driveway shall provide an on-site tumaround
area so that vehicles will not back out onto Espola Road.
c. A separate erosion prevention and sediment control plan for
construction activities. This 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 utility improvements (existing and new), together with
their easements. No encroachments are permitted upon any
easement.
e. All new slopes shall have a maximum 2 to 1 ratio (horizontal to
vertical).
f. The septic field areas.
g. All retaining walls and the fire fuel management wall required along
the east property line.
h. Fire fuel management zones.
2. 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 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
Resolution No. P-06-08
Page 5
Services Department - Engineering Division prior to issuance of the Grading
Permit. Applications for the Notice of Intent 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
3. If construction of this project is to disturb one acre or more, the applicant
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 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
(BMPs) 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.
4. The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
5. Grading securities in the form of a performance bond and a cash deposit, or
a letter of credit shall be posted with the City prior to grading plan approval.
A minimum $2,000 cash security deposit is required.
6. 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 sediment control shall be provided using the following
guidelines, as directed by the project inspector:
a. Provision of an on-site de-silting basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Covering of all flat areas with approved mulch.
c. Installation of an earthen or gravel bag berm that retains 3 inches of
water over all disturbed areas prior to discharge effectively creating a
de-silting basin from the pad.
7.
8.
(Planning)
9.
10.
Resolution No. P-06-08
Page 6
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.
Erosion control including, but not limited to, desilting basins, shall be installed
and maintained by the developer throughout construction of the project.
Prior to the issuance of a Grading Permit or Administrative Clearing Permit,
whichever occurs first, the applicant shall mitigate for the on-site permanent
removal of habitats as specified in the project Biological Resources Report.
A Biological Conservation Easement (BCE) over a minimum of 3.37 acres of
on-site Diegan Coastal Sage Scrub, Chamise Chaparral, and Southern Coast
Live Oak Riparian Forest shall be mitigation. The BCE shall be approved by
the City Attorney, and shall be notarized and recorded with the County of
San Diego at the cost of the applicant. Additionally, the applicant shall be
responsible for easement plan check fees. I n compliance with the HCP, the
City shall re-zone the mitigation land to Open Space-Resource Management
to insure its permanent preservation.
In accordance with Condition H of the PSHCP Incidental Take Permit, a take
of active California Gnatcatcher nests, which includes harassment ofthe bird
due to grading noise and vibrations from February 15 through July 1, is not
permitted. Therefore, any grading or clearing during this timeframe will only
be permitted subject to the following conditions having been met to the
satisfaction of the Director of Development Services.
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 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 determine the appropriate
survey methodology. The purpose of the survey is to determine if any
Resolution No. P-06-08
Page 7
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
c1earinglgrading 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 gradinglclearing within the
Gnatcatcher nesting season between February 15 and July 1 with
appropriate monitoring during that time.
d. If Gnatcatchers are present within the area to be gradedlcleared, or
within 500 feet of that area, no grading will be allowed unless
appropriate mitigation is completed.
11. A 50-foot-wide Open Space Easement, on a form prescribed by the City,
shall be recorded on the subject property along the Espola Road frontage to
the satisfaction of the Director of Development Services. Easement
plancheck and recordation fees are the responsibility of the applicant. No
structures shall be permitted in the Open Space Easement, unless otherwise
authorized by the Director of Development Services. The Open Space
Easement shall be landscaped and irrigated to the satisfaction of the Director
of Development Services. Landscape and irrigation plans shall be submitted
for the review and approval prior to the issuance of a Building Permit.
Landscape and irrigation shall be installed prior to the issuance of a
Certificate of Occupancy. Landscape and irrigation maintenance is required
for the life of the project and is the responsibility of the property owner.
12. Landscape and irrigation plans, which show at a minimum slope planting,
Fire Management Zone landscaping, landscaping along Espola Road and the
public trail along Espola Road, shall be submitted for review. Landscape
plancheck review fees shall be required.
(Public Works)
13. A Public Recreation Trail easement, on a form prescribed by the City, shall
be recorded on the property over the existing trail on the site along the
Espola Road frontage to the satisfaction of the Director of Public Works.
Easement plancheck and recordation fees are the responsibility of the
applicant.
Resolution No. P-06-08
Page 8
14. The site shall be annexed into the Landscape Maintenance District 86-1 and
Lighting District zones A and C.
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:
(Engineering)
1 . The site shall be developed in accordance with the approved site plans 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.
2. Rough grading is to be completed and meet the approval of the City
inspector and shall include submittal of the following:
a. A certification of line and grade for the lot, prepared by the engineer of
work.
b. A final soil compaction report for review and approval by the City.
3. 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.
4. The following development fees shall be paid to the Engineering Division.
The fees and the corresponding amounts are as follows and are subject to
change without further notice. The amounts to be paid shall be those in
effect at time of payment:
Water:
Meter
Expansion Fee
SDCWA Capacity**
SDCWA Water Treatment Capacity**
% inch
$ 130
$1,430
$3,985
$ 153
1 inch*
$ 270
$1 ,430
$6,376
$ 245
*If a 1" meter is required due to fire sprinklers, then %" fees will apply
**To be paid by separate check, payable to the SDCWA.
Sewer (if sewer connection is proposed in stead of septic):
Connection fee
Indirect Benefit fee
Cleanout fee
=
$3,356.00
$ 500.00
$ 50.00 per cleanout
=
=
Resolution No. P-06-08
Page 9
Cleanout inspection fee =
$ 25.00 per c1eanout
Traffic mitigation fee
Drainage fee
Park fee
=
$990.00
$950.00
$2,720.00
=
=
(Planning)
5. School impact fees shall be paid at the rate established at the time of
Building Permit issuance forthe second dwelling unit and the additions to the
existing residence. Please contact the Poway Unified School District for
additional information at (858) 679-2570.
6. 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.
7. An Affordable Housing In-Lieu Fee, in the amount calculated per the Poway
Municipal Code, shall be paid prior to Building Permit issuance.
8. All living quarters shall be equipped with low-flow plumbing fixtures.
9. A noise study, prepared by a qualified professional, shall be submitted for
review prior to the issuance of a Building Permit. The study shall
demonstrate that existing and projected noise levels at the site (both inside
and outside of the residence) can be mitigated to comply with City noise
standards (Section 17.08.230 of the PMC). Mitigation identified in the study
shall be incorporated into the project design to the satisfaction of the Director
of Development Services.
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 Section 17.08.170D of the Poway Municipal Code, and its structural
section shall be shown on the grading plan.
2. An adequate drainage system around the new building pad capable of
handling and disposing all surface water shall be provided to the satisfaction
of the Engineering Inspector.
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.
Resolution No. P-06-08
Page 1 0
4. 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)
5. All permanent landscaping and an automatic irrigation system for
landscaping shown on the approved landscaping plan 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.
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 that 16 feet of unobstructed width, with adequate roadway turning
radius, capable of supporting the imposed loads offire apparatus, and having
a minimum of 13 feet 6 inches of vertical clearance. The road surface type
shall 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 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.
6. 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 Division Chief.
Resolution No. P-06-08
Page 11
7. A residential fire sprinkler system with a one-inch meter will be required.
Plans shall be submitted to the Poway Fire Department, Division of Fire
Prevention for approval prior to installation. (If a one-inch lateral off the street
main is currently not present, one will have to be installed.)
8. Should a gate be provided, its location is subject to the review and approval
of the Fire Marshal and Director of Development Services. Any electric
powered gate across access way to residence shall have a Knox override
key switch that shall be ordered through the Poway Fire Department.
9. The applicant shall comply with the City of Poway Guide to Landscape
Maintenance as it relates to fuel management zones.
10. A 6-foot non-combustible wall will be required on a portion of the Southern
property boundary location and length to be delivered by the Fire Marshal.
The materials of the wall shall be earth tone in color and subject to the review
and approval of the Director of Development Services.
Section 6: MORA 05-59 shall expire on February 7,2008, at 5:00 p.m. unless a Building
Permit has been issued and construction or use of the property in reliance on this permit
has commenced prior to its expiration.
Section 7: Pursuant to Government Code Section 66020, the 90-day approval period
in which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on February 7,2006.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 7th day of February 2006.
ATTEST:
~h/ftL~
L. Diane Shea, City Clerk
Resolution No. P-06-08
Page 12
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty
of perjury, that the foregoing Resolution No. P-06-08, was duly adopted by the City Council
at a meeting of said City Council held on the 7th day of February 2006, and that it was so
adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, CAFAGNA
NOES: NONE
ABSENT: REXFORD
DISQUALIFIED: NONE
~ ~ wiIu-
L. Diane Shea, City Clerk
City of Poway