Res P-06-35
RESOLUTION NO. P-06-35
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 06-04
ASSESSOR'S PARCEL NUMBER 321-270-55
WHEREAS, MDRA 06-04, submitted by Elwood and Stephanie Norris,
Applicants, requests approval to construct a 7,065-square-foot recreation building, with
a tennis court on the roof of the recreation building, and a 2,254-square-foot carousel
building, 32 feet in diameter and 26 feet in height, in conjunction with a recently rebuilt
single-family residence on a 47.26-acre property located at 16101 Blue Crystal Trails,
within the Rural Residential A (RR-A) zone; and
WHEREAS, on March 31, 2006, the application for MDRA 06-04 was deemed
complete; and
WHEREAS, on June 20, 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 06-04, 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
accessory structures to an existing single-family residence.
Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal
Code, to approve Minor Development Review Application (MDRA) 06-04 to construct a
7,065-square-foot recreation building, with a 7,000-square-foot tennis court on the roof
of the recreation building, and a 2,254-square-foot carousel building on a 47.26-acre
property located at 16101 Blue Crystal Trails, within the Rural Residential A (RR-A)
zone are as follows:
A. That the detached accessory structures are sited on a previously graded pad,
and conform to City Zoning and Hillside Development standards as the
recreation building will be constructed below grade and will have limited visibility
from the south along Poway Road. 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 effect on the aesthetics, health, safety,
or architecturally related impact upon adjoining properties as the structures are
consistent with surrounding residences. Therefore, the proposed design, size,
and scale of the proposed structures is compatible with and will not adversely
Resolution No. P-06-35
Page 2
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 as there are no
additional public improvements that would be required to serve the recreation
building, tennis court, or carousel building; and
D. That the project has been designed to minimize impacts on the surrounding
community by utilizing a low-profile architectural design, and earth-toned exterior
and roof materials to match the existing residence. 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 3: Development associated with the project will impact approximately
0.26 acres of Coastal Sage Scrub (CSS) habitat, which is outside the Mitigation Area of
the PSHCP. Since the balance of the site is located within the Mitigation Area, the
project will place 0.52 acres of CSS habitat on-site, adjacent to the existing Biological
Conservation Easement and within the Mitigation Area, within a Biological Conservation
Easement (BCE) for mitigation. 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 06-04 are as follows:
A. The proposed Biological Conservation Easement 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 PSHCP Mitigation Area; and
B. Preservation of such habitat within the Mitigation Area and adjacent to a
Biological Core and Linkage Area (BCLA) 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; and
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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 the Mitigation Area; and
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; and
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 a permanent
public Biological Conservation Easement.
Section 4: The City Council hereby approves Minor Development Review Application
06-04, to allow the construction of a 7,065-square-foot recreational building, with a
7,000-square-foot tennis court on the roof of the recreation building, and a 2,254-
square-foot carousel building on a 47.26-acre property located at 16101 Blue Crystal
Trails, within the Rural Residential A zone, per the site plan dated March 31, 2006, and
elevation and floor plans dated January 27, 2006, on file with the Planning Division,
subject to the following conditions:
A. Approval of this MDRA request shall apply to the subject project and shall not
waive compliance with all sections of the Zoning Ordinance and all other
applicable City Ordinances in effect at the time of Building Permit issuance.
B. Within 30 days of approval, the applicant shall submit in writing that all
Conditions of Approval have been read and understood.
C. The conditions of MDRA 06-04 shall remain in effect for the life of the subject
structures, 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 Grading Permit. Prior to
issuance of a Grading Permit, the applicant shall comply with the following:
(Engineering)
1. A grading plan for the development, 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
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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.
Buildings 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.
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).
2. A soilslgeological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan.
3. A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable
of handling and disposing all surface water within the project site and all
surface water flowing onto the project site from adjacent lands. Said
system shall include all easements required to properly handle the
drainage. Concentrated flows across driveways are not permitted.
4. 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 Notice of Intent may
be obtained by contacting:
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Page 5
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467-2952
5. 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 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.
6. The applicant shall pay all applicable engineering, plan checking, permit,
and inspection fees. A $2,270 initial estimate fee for plan checking shall
be required at the time of submittal of the grading plans. The final fees
and grading securities will be determined after the construction cost
estimate has been approved.
7. 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.
8. The applicant and his contractor shall attend a pre-construction meeting,
at which time they shall present an Action Plan that identifies measures to
be implemented during construction to address erosion, sediment, and
pollutant control. Compliance for erosion control can be provided using
one or more of the following guidelines:
a. Provide an on-site de-silting basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Cover all flat areas with approved mulch.
c. Install an earthen or gravel bag berm that retains 3 inches of water
over all flat areas prior to discharge, effectively creating a de-silting
basin from the pad.
9. Prior to any rock blasting, a pre-blast survey of the surrounding properties
shall be conducted, to the satisfaction of the Director of Development
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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
10. 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.
11. Erosion control, including, but not limited to, de-silting basins, shall be
installed and maintained by the developer throughout construction of the
project.
E. Prior to issuance of a Building Permit, the applicant shall complete 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 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.
(Planning)
4. 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 habitat. A Biological Conservation Easement
(BCE) over a minimum of 0.52-acres of on-site Coastal Sage Scrub shall
be the 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
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easement plan check fees. In compliance with the HCP, the City shall re-
zone the mitigation land to Open Space-Resource Management to insure
its permanent preservation.
5. In accordance with Condition H of the PSHCP Incidental Take Permit, a
take of active California Gnatcatcher nests, which includes harassment of
the bird due to grading noise and vibrations from February 15 through
July 1, is not permitted. Therefore, any grading or clearing during this
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 ClearinglGrading 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 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.
c. 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.
6. The building plans shall be consistent with the approved site plans dated
March 31, 2006, and floor plans and elevations dated January 27, 2006,
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Page 8
on file in the Development Services Department, except as modified by
the conditions herein.
7. School impact fees shall be paid to the Poway Unified School District at
the rate established at the time of Building Permit issuance.
8. 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.
9. Except for the fence around the tennis court, the maximum height of any
fence or wall shall not exceed 6 feet.
10. All restrooms shall be equipped with low-flow plumbing fixtures.
11. A deed covenant for the recreation building shall be recorded prior to the
issuance of a Building Permit, to the satisfaction of the Director of
Development Services. The deed covenant shall restrict the rental or
leasing of the structure as a separate unit andlor as a commercial facility.
12. A landscapelirrigation 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.
13. All slope plantings shall be installed and the automatic irrigation system
shall be installed and operational at the time of final inspection.
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Page 9
a. Fire Management Zones shall be shown on the Building Permit site
plans.
F. Prior to issuance of a Certificate of Occupancy the applicant shall complete the
following:
(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 the Poway Municipal Code, Section 17.08.170D, and its
structural section shall be shown on the grading plan.
2. An adequate drainage system around the new pads 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.
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 Poway Municipal Code. 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. 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.
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
Resolution No. P-06-35
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with their background. The address shall be required at private driveway
entrances.
3. 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 be approved by the City Engineering
Inspector, pursuant to the Poway Municipal Code.
4. The access roadway shall be extended to within 150 feet 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.
5.
A residential fire sprinkler system will be required.
submitted to the Poway Safety Services Department,
Prevention, for approval prior to installation.
Plans shall be
Division of Fire
6. An electric powered gate across the access way shall have a Knox
override key switch that shall be ordered through the Poway Safety
Services Department.
7. The applicant shall comply with the City of Poway Guide to Landscape
Requirements as it relates to Fire Management Zones.
Section 5: This Minor Development Review Application 06-04 shall expire on
June 20, 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.
Resolution No. P-06-35
Page 11
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 20th day of June 2006.
ATTES~~
L~e She., C"" 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-06-35 was duly adopted by the City
Council at a meeting of said City Council on the 20th day of June 2006, and that it was
so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
~;b~
City of Poway