Res P-06-58
RESOLUTION NO. P-06-58
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING HILLSIDE/RIDGELlNE MINOR DEVELOPMENT
REVIEW APPLICATION (MDRA) 06-19
ASSESSOR'S PARCEL NUMBERS 321-260-22 AND 27, AND 321-271-05
WHEREAS, Hillside/Ridgeline MDRA 06-19; submitted by George Ardizzone,
Applicant, requests approval to construct a 6, 120-square-foot, single-story residence on
a vacant 46-acre site located on the northeast corner of the intersection of Poway
Grade and Espola Road, within the Rural Residential A zone. The applicant is also
requesting approval to be allowed to impact dedicated, City-owned Open Space to
accommodate project related improvements to Espola Road; and
WHEREAS, on November 14, 2006, the City Council held a duly advertised
public hearing 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 City Council has considered the Environmental Initial Study (EIS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Resolution for Minor Development Review Application 06-19.
The subject EIS and MND documentation are fully incorporated herein by this
reference. The City Council finds, on the basis of the whole record before it, that there
is no substantial evidence the project will have a significant impact on the environment,
that the mitigation measures contained in the EIS and Exhibit A hereof will mitigate
potentially significant impacts to a less than significant level, and that the MND reflects
the independent judgment and analysis of the City. The City Council hereby approves
the MND and the associated Mitigation Monitoring Program attached to this Resolution
as Exhibit A.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (HCP), a
Biological Report, dated July 21, 2006, was prepared by RC Biological Consulting and
submitted for the project. It was reported that 5.47 acres of on-site Coastal Sage
Scrub habitat would be impacted by the project and 0.22 acres of off-site Coastal Sage
Scrub impacts to dedicated, City-owned Open Space located immediately west of the
subject property would be impacted. The project is required to mitigate impacts to
unencumbered habitat (non-dedicated) at a 2:1 ratio and is also required to mitigate
impacts to approximately 0.22 acres of dedicated Open Space at a 4:1 replacement
ratio. The project access driveway improvements will also result in a 0.03-acre impact
to on-site ephemeral drainages, which require that the necessary approvals and permits
be obtained from the California Department of Fish and Game, Army Corps of
Engineers and Regional Water Quality Control Board. All habitat impacts will occur on
property that is located inside of the Mitigation Area of the Poway HCP. In accordance
Resolution No. P-06-58
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with the Poway HCP, the required findings for approval of the proposed mitigation for
the removal of Coastal Sage Scrub for Minor Development Review Application 06-19
are as follows:
A. The proposed project is inside of the Mitigation Area of the Poway HCP. The
mitigation is consistent with and furthers the implementing objectives of the
Poway HCP in that the applicant will mitigate impacts to 5.47-acres of on-site
Coastal Sage Scrub at a 2:1 ratio and 0.22 acres of dedicated off-site Coastal
Sage Scrub habitat at a 4:1 ratio. Said mitigation will be through on-site
dedication of suitable Coastal Sage Scrub and the recordation of a Biological
Conservation Easement Deed preserving comparable undisturbed and
unencumbered habitat of equal or greater conservation value located within the
HCP Mitigation Area.
B. Preservation of such habitat within the Mitigation Area will contribute toward the
building of the ultimate total Mitigation Area preserve system of the HCP.
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 Poway Subarea HCP (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.
D. The preserved habitat will foster the incremental implementation of the PSHCP
in an effective and efficient manner in that the preservation of off-site
conservation area(s) will be within an identified Mitigation Area within the City,
and 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 and/or placed within permanent public
biological conservation easement deeds.
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal
Code to approve Minor Development Review Application 06-19 as shown on plans
dated September 5, 2006, on file with the Planning Division, are made as follows:
A. That the approved project is consistent with the General Plan as it proposes the
construction of a single-family residence and a tennis court on property that is
designated for rural residential use. Therefore, the proposed use respects the
interdependence of land values and aesthetics to the benefit of the City; and
Resolution No. P-06-58
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B. That the approved project will not have an adverse effect on the aesthetics,
health, safety, or architecturally related impact upon adjoining properties, as the
residence and tennis court are consistent with surrounding residential
development. 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 as deemed necessary; and
D. That the approved development encourages the orderly and harmonious
appearance of structures and property within the City as the neighboring
properties consist of rural residential estate lots. 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; and
F. That the proposed development will comply with each of the applicable
provisions of the Zoning Ordinance and the General Plan.
Section 5: The City Council hereby approves Hillside/Ridgeline Minor Development
Review Application 06-19 to allow the construction of a 6,120-square-foot, single-story
residence, with an attached 3-car garage and an unlighted tennis court, on the vacant
property (APN 321-260-22 and 27, and 321-271-05) located at the northeast corner of
the intersection of Poway Grade and Espola Road, in the Rural Residential A zone as
shown on plans dated September 5, 2006, subject to the following conditions:
A. Approval of Minor Development Review Application 06-19 shall apply only 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. Future grading of the hillside portions of the subject lot, pursuant to the City of
Poway Hillside/Ridgeline Review Map (Major Topographical Features - Figure 9
of the 1983 Poway Comprehensive Plan), shall be prohibited unless approved by
the City Council.
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D. Future development of a guest house will require administrative approval (MDRA
approval required if the size of the unit exceeds 750 square feet) prior to Building
Permit issuance provided that no additional grading is required. If additional
grading is necessary, City Council approval will be required prior to issuance of
Grading or Building Permits.
E. Prior to issuance of a Grading Permit, the applicant shall comply with the
following:
1. A grading plan for the 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 and/or 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).
f. Top and bottom elevations of all retaining walls. The maximum
height of a retaining, freestanding wall or any combination thereof
shall not exceed six (6) feet.
g. Show required brush management zones.
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Page 5
2. 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 private easements required to properly handle the
drainage. Large concentrated flows over the driveway and into the street
shall be avoided.
3. A soils/geological 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.
4. The grading plans shall include the following items as listed in the Second
Amended Alliance Title Report for the subject property:
Item 6 of Schedule A
Item 14 of Schedule B
Item 16 of Schedule B
5. This project will disturb more than one acre; therefore, 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:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467-2952
6. This project will disturb more than one acre; therefore, 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
Resolution No. P-06-58
Page 6
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.
7. The grading plans shall include provisions for compliance with the City's
Standard Urban Storm Water Mitigation Plan ordinance. Best
Management Practices, as identified in the September 26, 2006, Water
Quality Technical Report, shall be included with the grading plan.
8. The applicant shall pay all applicable engineering, plan checking, permit,
and inspection fees.
9. In accordance with the water analysis completed for this project,
improvement plans for the water main and fire hydrant, along with
applicable plan check and inspection fees, shall be prepared by the
applicant's project engineer and submitted to the Engineering Division for
review and approval.
10. Espola Road shall be widened and improved in both substantial
conformance with the September 5, 2006, exhibit prepared by the
applicant, and the approval of the City Engineer. Improvements shall
include the widening of Espola Road to accommodate left-turn and right-
turn vehicular movements to and from the project site, an acceleration
lane, and the associated traffic signing and striping. Plans for the
construction of these improvements, along with applicable plan check and
inspection fees, shall be prepared by the applicant's project engineer and
submitted to the Engineering Division for review and approval.
11. 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.
12. A standard agreement shall be executed, and appropriate securities shall
be posted for construction of all street improvements and water lines.
13. A leach field layout or seepage pit layout for the residence sewage
disposal system shall be submitted to City of Poway Engineering Division
for review and approval prior to obtaining a septic permit from the San
Dieao Countv Health Deoartment. If the permit is obtained without a City
approved layout, a copy shall be submitted prior to installation of the leach
lines. The septic system, including the leach filed, shall be shown on the
grading plan.
14. The applicant shall attend a pre-construction meeting, at which time they
shall present an action plan that identifies measures to be implemented
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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.
15. 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.
16. All changes to the approved grading plans shall be performed by a
California licensed Civil Engineer and submitted to the City for review and
approval. A minimum fee of $150 per change shall be charged to the
applicant. If the City Engineer determines the changes are minor, the
changes shall be depicted when the "as-builts" are being created. A fee
will not be charged for these minor changes.
17. The applicant shall provide recorded deeds showing the transfer of land
as prescribed by Boundary Adjustment BA 06-01.
18. An Open Space Easement shall be recorded over 0.88 acres and
dedicated to the City in fee title as mitigation and replacement of the 0.22
acres of impacted dedicated Open Space.
19. Pursuant to the requirements of the Poway Habitat Conservation Plan an
Open Space Easement shall be recorded over the remainder of the
undeveloped and unencumbered natural habitat portions of APN 321-260-
22 and 27 and 321-271-05 to insure preservation in perpetuity.
20. The applicant shall obtain the necessary permits and approvals from the
California Department of Fish and Game, Army Corps of Engineers and
the Regional Water Quality Control Board for impacts to on-site
ephemeral drainages.
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Page 8
21. According to the habitat assessment and area calculations prepared by
RC Biological Consulting, 5.47 acres of on-site Coastal Sage Scrub
habitat will be impacted by the project and 0.22 acres of off-site Coastal
Sage Scrub on dedicated City-owned Open Space, located immediately
west of the subject property, will be impacted. The project is required to
mitigate impacts to 5.47 acres of unencumbered habitat (non-dedicated)
at a 2:1 ratio (10.94 acres) and is also required to mitigate impacts to
approximately 0.22 acres of dedicated Open Space at a 4:1 replacement
ratio (0.88 acres). The project access driveway improvements will also
result in a 0.03-acre impact to on-site ephemeral drainages, which require
that the necessary approvals and permits be obtained from the California
Department of Fish and Game, Army Corps of Engineers and Regional
Water Quality Control Board. Habitat mitigation shall be completed as
follows:
a. The subject property is located inside of the Poway Subarea
Habitat Conservation Plan (PSHCP) Mitigation Area; therefore,
mitigation requires on-site dedication of 11.82 acres (10.94 acres +
0.88 acres = 11.82 acres) of unencumbered CSS habitat of equal
or greater conservation value. Said on-site dedication shall require
the applicant to place a total of 11.82 acres of in-kind habitat in a
Biological Conservation Easement. Said Conservation Easement
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
ensure its permanent preservation.
b. In accordance with Condition H of the PSHCP Incidental Take
Permit, a take of active California Gnatcatchers' 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.
i. If grading or clearing is to occur between February 15 and
July 1, the applicant shall provide to the Planning Division
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Page 9
before issuance of a Clearing/Grading Permit, a letter from a
qualified biologist, retained by the applicant, with a scope of
work for a CSS habitat and Gnatcatcher survey and 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 of the 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 biologist must provide
the City with a copy of a valid Gnatcatcher Recovery Permit
from the U.S. Fish and Wildlife Service (USFWS).
ii. 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.
iii. Should the report show, to the satisfaction of the Director of
Development Services, that Gnatcatchers' 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 Gnat-
catcher nesting season from February 15 through July 1.
iv. 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.
c. 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 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.
Resolution No. P-06-58
Page 10
d. 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.
e. 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.
f. 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.
22. Pursuant to the City of Poway Guide to Landscape Requirements, all
manufactured slopes greater than a 5:1 slope and Fuel Management
Zones shall have all landscaping and irrigation installed to the satisfaction
of the Director of Development Services and the Fire Marshal.
Manufactured slopes greater than 5:1 shall be planted with a combination
of ground cover, shrubs, and trees (with ratios and sizes consistent with
the guidelines), and shall be provided with an automatic irrigation system
operational at the time of final inspection of the single family residence. A
dense landscaping screen consisting of evergreen trees and shrubs shall
be provided around the tennis court. A $525.00 plan check fee/deposit is
required with the landscape plan submittal package. If construction of the
single-family residence does not commence within 90 days of completion
of the grading, all manufactured slopes greater than a 5:1 slope shall be
hydroseeded. Prior to applying the hydroseed, the applicant shall submit
a landscape plan showing the type of hydroseed mix and method of
irrigation for approval by the Director of Development Services.
23. The project grading plan shall incorporate additional contour grading,
particularly along the southerly and westerly building pad elevations so
that the contours of the straight linear and angled manufactured slopes of
the building pad will be more curvilinear and appear more natural, to blend
and transition into the natural rounded contours of the hillside.
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Page 11
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,
unless other timing is indicated:
1. The site shall be developed in accordance with the approved plans dated
September 6, 2006, 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. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Electrical/Building Permit issuance.
3. Building Permit plans shall show the proposed colors, texture and type of
the exterior building materials for the residence.
4. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway School District for
additional information at (858) 679-2570.
5. The plans shall show all existing and new utilities placed underground.
6. Payment of the Affordable Housing In-Lieu Fee in the amount of $4,500
(fee based on a 4,000-square-foot house).
7. The unlighted tennis court development shall comply with the following
requirements:
a. Tennis court fencing, retaining walls or any combination thereof
cannot exceed a maximum height of 10 feet. Tennis court fencing
exceeding 6 feet in height requires the approval of a Building
Permit.
b. The fencing and support posts shall be painted a dark non-
reflective color so as to reduce their overall visibility. Vinyl-coated
chain link fencing is acceptable.
c. The surface area of the court shall be designed, painted, colored
and lor textured to reduce reflection.
d. Landscaping shall be installed between the fence and property line.
Dense screening planting is required to be installed in the area
adjacent to the outside of the court fencing to the satisfaction of the
Director of Development Services.
Resolution No. P-06-58
Page 12
8. Erosion control, including but not limited to de-silting basin(s), shall be
installed and maintained by the developer throughout the duration of the
project.
9. 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.
10. Prior to delivery of combustible building materials, the on-site water
system shall satisfactorily pass all required tests.
11. Prior to start of any work within City-held easements or right-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.
12. Payment of development fees shall be made to the City, unless other
payee is indicated. 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
Service Line
SDCWA System Capacity..
SDCWA Treatment Capacity..
0/. inch
$ 130
$3,710
$1,430
$4,154
$ 159
1 inch
$ 270
$6,678.
$1 ,430
$6,646
$ 255
.If a 1" meter is required due to fire sprinklers, 0/." fees will apply.
..To be paid by separate check to the SDCWA.
Traffic mitigation fee
= $ 990.00
Drainage fee
= $1,570.00
= $2,720.00
Park fee
G. The following improvements shall be constructed to the satisfaction of the
Director of Safety Services:
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Page 13
1. Roof covering shall be fire retardant as per USC Sections 1503 and 1504,
USC 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 of fire apparatus, and
having a minimum of 13 feet 6 inches of vertical clearance. The City
Engineer, pursuant to the City of Poway Municipal Code, shall approve
the road surface type.
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 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 Section Chief.
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. If an electric powered gate across the access way to the residence is
constructed, a Knox override key switch, ordered through the Poway Fire
Department, shall be installed.
9. The applicant shall comply with the City of Poway Guide to Landscape
Requirements as it relates to Fuel Management Zones.
10. A fire hydrant will be required capable of providing 1,500 gallons per
minute with a minimum 20-PSI residual flowing pressure.
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Page 14
11. The driveway will require a turnout feature to allow for passage of two Fire
Department vehicles, preferably near the midpoint of access entrance and
the residence.
12. Adjacent roadway vegetation may be required, at the discretion of the City
Fire Marshal, to be thinned in such a manner as to reduce fuel loads and
maintain habitat integrity.
H. The following improvements shall be constructed to the satisfaction of the
Director of Public Works:
1. The existing trail grade on and adjacent to the intersection with the
proposed access driveway should be graded to a slope near 2%, and
shall be improved to the satisfaction of the Director of Public Works.
2. Dedicate a recreational trail easement over the existing trail improvements
located on the portion of APN 321-200-46 located at the northeast corner
of the intersection of Poway Grade and Espola Road.
3. Dedicate a 20-foot-wide recreational trail easement along the northerly
property line, beginning at the northwest corner of the property and
extending east approximately 1,900 feet, to the southeast corner of APN
321-260-26. Construction of the trail and/or improvements will be
performed by the City.
4. Street lighting shall be added along Espola Road.
I. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply
with the following:
1. The property owner shall cause the dedication of an exclusive easement
to the City of Poway consistent with the alignment of the proposed water
main and fire hydrant, and any right-of-way required for the Espola Road
improvements. The legal description, plat map, and applicable easement
document review fees shall be submitted to the Engineering Division for
review prior to recordation of the easement.
2. Private driveway improvements, water line improvements, Espola Road
improvements, drainage facilities, slope planting measures, and all utility
services shall be installed, and completed by the property owner, and
inspected by the Engineering Inspector.
3. 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.
Resolution No. P-06-58
Page 15
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.
5. The applicant shall record a maintenance agreement for maintenance of
the Best Management Practices devices as required by the Standard
Urban Stormwater Mitigation Plan (SUSMP) ordinance.
6. 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 for both the
grading and water main improvements 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
7. All exposed slopes greater than 5:1 slope shall be planted and irrigated.
Section 6: The approval of Hillside/Ridgeline Minor Development Review Application
06-19 shall expire on December 5, 2008, at 5:00 D.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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 5th day of December 2006.
ATTEST:
(J".~,~~
Resolution No. P-06-58
Page 16
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-06-58 duly adopted by the City
Council at a meeting of said City Council held on the 5th day of December 2006, and
that it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
~rl~
City of poway
Topic
Biology
Resolution No. P-06-58
Page 17
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR MORA 06.19
Mitioation Measure
1. Pursuant to the Poway HCP, impacted
unencumbered Coastal Sage Scrub habitat must
be mitigated at a minimum 2:1 ratio and project
impacts to dedicated Open Space must be
mitigated at a 4:1 replacement ratio. Mitigation
is required as follows:
Coastal Sage Scrub:
5.47 acres of impacted habitat must be mitigated
at a 2:1 ratio with 10.94 acres of unencumbered
comparable quality on-site Coastal Sage Scrub;
and 0.22 acres of impacted dedicated Coastal
Sage Scrub habitat must be mitigated at a 4:1
ratio with 0.88 of unencumbered comparable
quality on-site Coastal Sage Scrub. The total
required amount of dedicated habitat is 11.82
acres.
The subject property is located inside of the
Poway HCP Mitigation Area; therefore, on-site
dedication of 11.82 acres of Coastal Sage Scrub
habitat, of equal or greater conservation value,
is required. Said dedication shall require the
applicant to place 11.82 acres of in-kind habitat
in a Biological Conservation Easement Deed. 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.
Timino
1. Prior to
Grading Permit
or Administrative
Clearing Permit
Responsibility
1. Applicant
6/01
Resolution No. P-06-58
Page 18
2. Pursuant to the Poway HCP, an open space 2. Prior to 2. Applicant
easement shall be dedicated over the remaining Grading Permit
undeveloped and unencumbered habitat on or Administrative
Assessor Parcel Numbers 321-280-27,321-280- Clearing Permit
22 and 321-271-05.
3. In accordance with Condition H of the Poway 3. Prior to 3. Applicant
HCP Incidental Take Permit, a take of active Grading Permit
California Gnatcatcher nests, which includes or Administrative
harassment of the bird due to grading noise and Clearing Permit
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.
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 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
of the 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 biologist must provide the City with a copy of
a valid Gnatcatcher Recovery Permit from the
U.S. Fish and Wildlife Service (USFWS).
6/01
b. 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.
c. 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 nest-ing season from
February 15 through July 1.
d. 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.
e. 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.
Resolution No. P-06-58
Page 19
6/01
f. 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.
vii. 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.
Resolution No. P-06-58
Page 20
4. Prior to 4. Applicant
4. The applicant shall obtain the required Grading Permit
approvals and permits from the California or Administrative
Department of Fish and Game, Army Corps of Clearing Permit
Engineers and the California Regional Quality
Control Board for project impacts to ephemeral
drainages.
5. Upon 5. Applicant
5. Upon completion of the clearing/grading completion of
activities, the applicant's biologist shall submit to the clearing/
the Director of Development Services a grading activities
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
6/01