Res P-06-12
RESOLUTION NO, P-06-12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 05-77CF
ASSESSOR'S PARCEL NUMBER 321-270-61
WHEREAS, MDRA 05-77CF, submitted by Joe and Doris Davies, Applicants,
requests approval to construct an 8,736-square-foot, single-story, single-family residence,
which includes an attached 846-square-foot guest house, on a 7,6-acre property located
at 15057 Blue Crystal Trails, within the Rural Residential A (RR-A) zone, The previous
residence on the site was destroyed in the Cedar Fire; and
WHEREAS, on February 21,2006, 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 05-77CF, 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: Pursuant to the Poway Habitat Conservation Plan (HCP), Vegetation Map 1,
the property is mapped as disturbed and Chaparral Habitat. Fire Fuel Managementforthe
project will impact Chaparral habitat.
A. The proposed project site is located outside of the Mitigation Area. Pursuant to
the Poway Habitat Conservation Plan (HCP) the project is required to mitigate for
project brush management impacts to the Chaparral Habitat. This requirement is
consistent with and furthers the implementing objectives of the Poway HCP in that
the applicant will mitigate impacts to Chaparral Habitat ata 2:1 ratio (a 1:1 mitigation
ratio would be permitted instead, if the applicant provides a current biological
assessment of the site prepared by a recognized biologist that reports that no HCP
covered species were observed on the property). The mitigation for approximately
1 acre of impact can be accomplished through off-site dedication (Biological
Conservation Easement) of similar quality and type, unencumbered Chaparral
Habitat within the Mitigation Area, or the applicant may opt instead to mitigate by
paying the Habitat Mitigation In-Lieu Fee to the City, which is presently
$10,000/acre.
B. The off-site preservation of 2 acres of Chaparral Habitat or payment of the Habitat
Mitigation In-Lieu Fee will contribute toward the building of the ultimate total
Mitigation Area preserve system of the Poway HCP since the dedication will be sited
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Page 2
to be contiguous to existing open space areas and will contain high quality habitat.
Therefore, such habitat preservation will serve to enhance the long-term viability
and function of the preserve system.
C. The off-site preservation or payment of an In-Lieu Fee will be to the long-term
benefit of the covered species and their habitats in that the recordation of a
Biological Conservation Easement Deed, over off-site unencumbered and
undisturbed Chaparral 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 since it will permanently preserve 2 acres of
off-site Chaparral Habitat located within the Mitigation Area, or the payment of the
In-Lieu Fee would allow continued management of the preserve area.
D, The off-site mitigation or payment of an In-Lieu Fee will foster the incremental
implementation of the Poway HCP in an effective and efficient manner in that habitat
will be preserved off-site contiguous to other preserved habitat areas, or the
payment of the In-Lieu Fee will allow the continued preserve management or
contribute toward acquisition of habitat within the preserve,
E. That the mitigation will not result in a negative fiscal impact with regard to the
successful implementation of the Poway HCP because no City funding will be
required to preserve the habitat.
Section 3: The findings, in accordance with Section 17.52 ofthe Poway Municipal Code,
to approve Minor Development Review Application 05-77CF to construct an 8,736-square-
foot, single-story, single-family residence, that includes an attached 846-square-foot guest
house, 900 square feet of attached garage area and 600 square feet of detached garage
space on a 7,6-acre property located at 15057 Blue Crystal Trails, within the Rural
Residential A zone are as follows:
A. That the home, guest house and garages have been sited on a previously graded
lot and conform to City Zoning and Hillside Development standards. Therefore, the
proposed use respects the interdependence of land values and aesthetics to the
benefit of the City; and
B. That the 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 residence 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
Resolution No. P-06-12
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D. 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
E, That the project 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 project will comply with each of the applicable provisions of the Zoning
Ordinance and the General Plan.
Section 4: The City Council hereby approves Minor Development Review Application
05-77CF, to allow the construction of an 8,736-square-foot, single-story, single-family
residence, that includes an attached 846-square-foot guest house, 900 square feet of
attached garage space and 600 square feet of detached garage area on a 7.6-acre
property located at 15057 Blue Crystal Trails, within the Rural Residential A zone, per site
and building plans on file with the Planning Division, dated December 9, 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 05-77CF 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 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
building plans dated December 9,2005, on file in the Development Services
Department, except as modified by the conditions herein,
(Engineering)
2. This lot was previously graded under G1459-04, If any additional grading
is to exceed 50 cubic yards of earthwork, or if the cut is greater than two feet
in vertical depth and creates a cut slope steeper than 2:1 (two horizontal
to one vertical), or if the fill is more than one foot in vertical depth then the
applicant shall apply for a Grading Permit, and submit a grading plan for
review and approval to the City Development Services Department. If
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the above conditions do not apply, then the applicant shall provide a
certification from a State Registered Civil Engineer or Licensed Architect
indicating the quantity of earthwork involved and request an engineering
inspection prior to Building Permit issuance.
3, A $2,000 erosion control cash security shall be posted with the City.
4, 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 at areas prior to discharge, effectively creating a desilting
basin from the pad.
5. Erosion control, including, but not limited to, desilting basins, shall be
installed and maintained by the developer throughout the duration of the
project. The developer shall maintain all erosion control devices throughout
their intended life.
6. City water is not available to this area. The applicant shall demonstrate an
approved well system for the residence from the County of San Diego
Department of Health,
7, Leach field layout or seepage pit layout for the sewage disposal system shall
be submitted to the City's Development Services Department for review and
approval by the City Engineer prior to obtaining a septic system installation
permit from the County of San Diego Department of Health. If a septic
system installation permit had already been obtained, a layout plan shall be
submitted to the City for review prior to installation of leach lines,
8, 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.
9, 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,
(Planning)
10, According to Vegetation Map #1 of the Poway HCP, the subject property is
covered with disturbed habitat and Chaparral habitat. Impacted Chaparral
Habitat shall be mitigated at a minimum of a 2:1 ratio, unless a biological
assessment is provided for the site that documents no sensitive species have
been identified on the property. Then a 1: 1 habitat mitigation ratio shall
apply,
It is estimated that fire brush management associated with the project will
impact approximately 1 acre of Chaparral. Habitat mitigation shall be
completed as follows:
The subject property is located outside of the Poway Subarea Habitat
Conservation Plan (PSHCP) Mitigation Area; therefore, off-site dedication of
2 acres of unencumbered habitat of equal or greater conservation value is
required, Said off-site dedication shall require the applicant to place 2 acres
of in-kind habitat in a Biological Conservation Easement. A legal description
and plat of the Biological Conservation Easement area shall be prepared
and stamped by the project engineer and submitted to the Planning Division
for review. The Biological Conservation Easement Deed 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. In compliance with the PSHCP, the
City shall subsequently re-zone the mitigation land to Open Space-Resource
Management to insure its permanent preservation. The applicant may opt
to complete the mitigation requirement through payment of a Habitat
Mitigation In-Lieu Fee, Presently the Habitat Mitigation In-Lieu Fee is
$10,000 per acre. Therefore, the Habitat Mitigation In-Lieu Fee would be
$20,000 for mitigation of 2 acres of habitat.
11. School impact fees shall be paid to the Poway Unified School District at the
rate established at the time of Building Permit issuance. The District has
advised the City that fees may be payable for the proposed area of
the residence that is in excess of the area of the residence that was
destroyed in the Cedar Fire (approximately 3,616 square feet), Please
contact the Poway Unified School District for additional information at (858)
679-2570.
12. Exterior building materials and finishes shall reflect the approved elevations
on file with the City, and shall consist of muted earth tones and a tile roof as
noted on the building plans to the satisfaction of the Director of Development
Services,
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13. The maximum height of any fence or wall shall not exceed 6 feet.
14. All living quarters shall be equipped with low-flow plumbing fixtures.
15, A deed covenant for the approximate 846-square-foot guest house proposed
in the northerly wing of the residence shall be recorded to the satisfaction of
the Director of Development Services, The deed covenant shall restrict
complete kitchen facilities from being installed in the guest house and the
area from being rented or leased as a separate unit.
16, No additional grading shall occur on the site beyond the limits of the existing
graded area. The realigned portion of the driveway shall be designed so that
it is within the limits of the existing graded area.
17. A landscape/irrigation plan for slopes over 5: 1 and Fire Management Zones,
in accordance with the applicable requirements of the City of Poway Guide
to Landscape Requirements, shall be submitted and approved by the
Director of Development Services, A Brush Management Landscaping Plan
shall be submitted to the Planning Division for review and approval. A
$525,00 plan check fee must be submitted with the plan submittal. Said plan
shall show the following:
a. Irrigation, and sizes and species for:
i. Landscaping all manufactured and disturbed slopes greater
than a 5:1 slope;
ii. The Fire 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.
18, All slope plantings shall be installed and the automatic irrigation system shall
be installed and operational at the time of final inspection,
a. Fire Management Zones shall be shown on the Building Permit site
plans.
E, The applicant shall comply with the following conditions prior to occupancy:
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Page 7
(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 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. All proposed utilities within the project site shall be installed underground.
4, The applicant shall repair any and all damages to the streets caused by
construction activity from this project, to the satisfaction of the City Engineer.
(Planning)
5. No encroachments of any kind are permitted upon any existing utility
easements.
6. Landscape and irrigation shall be installed and maintained in accordance
with the approved landscape and irrigation plans, habitat restoration plan, and
fuel management plan on file with the City of Poway Planning Division,
consistent with slope planting and the approved Fire Management Zones and
the City of Poway Guide to Landscape Requirements.
F. 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. The 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
Resolution No. P-06-12
Page 8
less than 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 Engineering Inspector, 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. 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 Chief.
7, This dwelling is being built on a parcel size greater than 2 acres and is
beyond 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 Poway Fire Department, Division of Fire Prevention for details at
(858) 668-4470.
8. Sprinkler system plans shall be submitted to the Poway Fire Department,
Division of Fire Prevention, for approval prior to installation,
9, 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.
10, The applicant shall comply with the City of Poway Guide to Landscape
Requirements as it relates to Fire Management Zones.
11. On-site water requirements for standby water for fire fighting and the
residential sprinkler system shall be a minimum of 20,000 gallons.
12. The proposed gazebo shall be of non-combustible or fire-resistant
construction.
Section 5: This Minor Development Review Application 05-77CF shall expire on
February 21, 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 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 February 21,2006.
Resolution No, P-06-12
Page 9
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 21st day of February 2006.
ATTEST:
,lfi'JAlJ (k~
Sherrie D, Worrell, Deputy City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sherrie D, Worrell, Deputy City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution No. P-06-12, was duly
adopted by the City Council at a meeting of said City Council held on the 21 st day of
February 2006, and that it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sherrie D. Worrell, Deputy City Clerk
City of Poway