Res P-07-19
RESOLUTION NO. P-07-19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 06-72
ASSESSOR'S PARCEL NUMBER 273-901-44
WHEREAS, MDRA 06-72, submitted by Steven and Karen McPartland,
Applicants, is a request for approval to construct a 5,840-square-foot, two-story residence
with a 1,430-square-foot attached garage and 1,100-square-foot workshop on a 2.51-
acre property and perform associated grading that would change the shape of a
previously graded pad and increase the pad elevation of the southerly of two previously
graded pads by 14 to 18 feet. The property is zoned Rural Residential C (RR-C); and
WHEREAS, on May 1, 2007, 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: This project is found to be Categorically Exempt from the provisions of 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: Pursuant to the Poway Subarea Habitat Conservation Plan (PSHCP), a
biological survey was prepared for the property on December 6, 2004, by Vincent
Scheidt, a Biological Consultant. The site contains 1.3 acres of Coastal Sage Scrub
(CSS), which will be impacted as a result of the proposed development.
A. The mitigation is consistent with, and furthers the implementing objectives of, the
Poway Habitat Conservation Plan in that the applicant will mitigate the removal of
1.3 acres of CSS at a 1:1 ratio through the recordation of an off-site Biological
Conservation Easement (BCE) within the Mitigation Area or the payment of an In-
Lieu Fee at a rate established by the City. The 1:1 mitigation ratio is appropriate
because the CSS habitat is low-grade and does not support any sensitive species.
B. Off-site habitat mitigation or the cash In-Lieu payment will go towards the
purchase of mitigation habitat within the Mitigation Area and will enhance the long-
term viability and function of the preserve system.
C. The mitigation will be to the long-term benefit of the covered species and their
habitats in that an off-site BCE within the Mitigation Area will be recorded or a
cash In-Lieu Fee will be paid to go towards the purchase of land that will have
undisturbed habitat on which a BCE will be recorded. Said land will promote a
Resolution No. P-07-19
Page 2
meaningful addition to the assembly of a viable regional system of interconnected
natural habitat resources, habitat linkages, buffers, and wildlife corridors.
D. The mitigation shall foster the incremental implementation of the Poway HCP in an
effective and efficient manner in that any off-site conservation area is required to
be within an identified Mitigation Area within the City.
E. The mitigation will not result in a negative fiscal impact with regard to the
successful implementation of the Poway Habitat Conservation Plan.
Section 3: The findings, in accordance with Poway Municipal Code (PMC) Section
17.52, to approve Minor Development Review Application 06-72 to construct a 5,840-
square-foot, two-story residence, with a 1,430-square-foot attached garage and 1,100-
square-foot workshop, and to increase the elevation of the southerly of two previously
graded pads by 14 to 18 feet on a 2.51-acre property at 13442 Old Winery Road are as
follows:
A. That the additional grading will enable the home and garage to be sited further
away from the adjacent properties, 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 residence
is consistent with surrounding development. 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 MDRA would not be materially detrimental to the public
health, safety, or welfare since the improvements necessary for the new residence
are already in place; and
D. That the project has been designed to minimize impacts on the surrounding
community by utilizing earth-toned wall and roof 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.
Resolution No. P-07-19
Page 3
Section 4: The findings, pursuant to Government Code Section 66020 for the public
improvements, are needed as a result of the proposed development to protect the public
health, safety, and welfare are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project. The construction of
public improvements is needed as a result of the proposed development to protect
the public health, safety, and welfare as identified below:
1. In accordance with the Poway General Plan, the project requires the
payment of sewer, water, traffic mitigation, park, and affordable housing,
which are assessed on a pro-rata basis to finance public infrastructure
improvements that promote a safe and healthy environment for the
residents of the City.
Section 5: The City Council hereby approves Minor Development Review Application
(MDRA) 06-72; a request to construct a 5,840-square-foot, two-story residence, with a
1 ,430-square-foot attached garage and 1,1 OO-square-foot workshop, and to increase the
elevation of the southerly of two previously graded pads by 14 to 18 feet on a 2.51-acre
property at 13442 Old Winery 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 06-72 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, the applicant shall obtain a Grading Permit. Prior to issuance of a
Grading Permit, the applicant shall comply with the following:
(Engineering)
1. This site was previously graded per Grading Permit number G215-84. For
any additional grading as shown on the site plan, a grading plan for the
development of the lot, prepared on a City of Poway standard drawing
sheet to a scale of 1" = 20', shall be submitted to the Development Services
Department - Engineering Division for review and approval, together with a
new Grading Permit application and the applicable fees. As a minimum, the
grading plan shall show the following:
a. All new slopes with a maximum 2:1 (horizontal to vertical) ratio.
Tops and toes of graded slopes shall be shown with a minimum five-
foot setback from property lines. Structures shall be located at least
Resolution No. P-07-19
Page 4
five feet from tops and toes of slopes, unless waived by the Planning
Division and/or Engineering Division prior to issuance of a Grading
Permit.
b. The driveway, in compliance with the specifications provided in PMC
17.08.170D, including the rninimum structural section together with
its elevations and grades.
c. A separate erosion prevention and sediment control plan for
construction activities.
d. All utilities (proposed and existing), together with their appurtenances
and associated easements. Encroachments are - not permitted upon
any easement without an approved Encroachment Agreement.
e. Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
f. Top and bottom elevations of all new retaining walls.
g. Proposed water and sewer service lines to the residence.
h. Fill slopes cannot exceed 30 feet in height.
2. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work. The report 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:
a. 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. Large concentrated runoffs (three (3) cubic feet per
second or greater) shall not be discharged over the driveway and
into the street.
b. Cause post-development -flow volumes from the project site to be
equal or less than pre-<levelopment flow volumes.
c. Include any needed easernent{s) required to properly handle the
drainage.
4. Prior to the issuance of the Grading Permit, and if the project disturbs one
acre or more, the property owner shall file with the State Regional Water
Quality Board a Notice of Intent (NOI) for coverage under the statewide
General Permit that covers storm water discharges. Proof of filing of the
Resolution No. P-07-19
Page 5
NOI and an assigned Waste Discharge Identification Number shall be
submitted to the Developrnent Services Department - Engineering Division.
Applications 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
5. Prior to issuance of a Grading Permit and if construction of the 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 10-year,
6-hour storm event; a material storage 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. The engineer shall certify
the SWPPP prior to issuance of the Grading Permit.
6. The property owner shall pay all applicable engineering, plan checking,
permit, and inspection fees.
7. Grading securities in the form of a performance bond and a cash deposit, or
letter of credit, shall be posted with the City prior to grading plan approval.
A minimum $2,000 cash security is required for erosion prevention and
sediment control.
8. The applicant shall attend a pre-construction meeting, at which time they
shall present an action plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for erosion control can be provided using one or more of the
following guidelines:
a. Provide an on-site 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 three (3) inches of
water over all areas prior to discharge, effectively creating a de-
silting basin from the pad. The earthen berm and gravel bags shall
be keyed in a minimum of surface grade.
Resolution No. P-07-19
Page 6
9. Construction staking shall be installed by the owner and inspected by the
Engineering Inspector prior to any clearing, grubbing, or grading. As a
minimum, all protected areas as shown on the project plans are to be
staked by a licensed surveyor, and delineated with lathe and ribbon. A
written certification from the engineer of work or a licensed surveyor shall
be provided to the Engineering Inspector stating that all protected areas are
staked in accordance with the approved project plans.
10. Prior to any rock blasting, a pre-blast survey of the surrounding properties
shall be conducted to the satisfaction of the Director of Development
Services, and a Blasting Permit shall be obtained from the Engineering
Division. Seismic recordings shall be taken for all blasting. Blasting shall
occur only at locations and levels approved by the Director of Development
Services.
11. Construction activity on the project site, including equipment preparation
(Le., warming up engines), shall be limited to the hours of 7:00 a.m. to
5:00 p.m. Monday through Saturday. Grading activities, including
equipment preparation, shall be limited to the hours of 7:00 a.m. to 5:00
p.m. Monday through Friday.
(Planning)
12. A landscape/irrigation plan for slopes over 5:1 and Fire Fuel Management
Zones, in accordance with the applicable requirements of the City of Poway
Guide to Landscape Requirements, shall be submitted and approved by the
Director of Development Services. Said plan shall show the following:
a. Irrigation, and sizes and species for:
L Landscaping all manufactured and disturbed slopes greater
than a 5:1 slope;
iL The Fire Fuel Management Zones.
b. 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.
b. If construction of the residence does not commence within 90 days of
completion of grading, all manufactured slopes steeper than 5:1 shall be
hydroseeded and irrigated to the satisfaction of the Director of
Development Services.
13. All slope plantings shall be installed, and an automatic irrigation system
shall be installed and operational at time of final inspection.
Resolution No. P-07-19
Page 7
14. The site consists of approximately 1.3 acres of Coastal Sage Scrub (CSS).
Impacted habitat shall be mitigated at a minimum of 1 :1. In lieu of providing
on-site dedication of 1.3 acres of CSS habitat, the applicant shall be
required to provide the following mitigation:
a. Payment of a habitat mitigation in-lieu fee at the rate established at
the time of Grading Permit issuance. The habitat mitigation in-lieu is
presently $10,000/acre. Payment of $10,300 will be paid prior to
Grading Permit issuance, unless a different amount is required
pursuant to a refinement of the habitat impact as determined by a
qualified biologist and approved by the Director of Development
Services.
15. 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.
16. 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.
17. 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, 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 frorn 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
Resolution No. P-07-19
Page 8
considered qualified, the biologist must provide the City with a copy
of a valid Gnatcatcher Recovery Permit from the USFWS.
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 nesting 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.
f. 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. 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 plans dated
February 23,2007, on file in the Development Services Department, except
Resolution No. P-07-19
Page 9
as modified by the conditions herein.
(Engineering)
2. Erosion control, including, but not limited to, de-silting basins, shall be
installed and maintained by the developer throughout the duration of the
construction period. The developer shall maintain all erosion control
devices throughout their intended life.
3. The site shall be developed in accordance with the approved site plans and
conditions of approval on file in the Development Services Department and
the conditions contained herein. Grading shall be in accordance with the
Uniform Building Code, the City Grading Ordinance, the approved grading
plan, the approved soils report, and grading practices acceptable to the
City.
4. Rough grading of the lot is to be completed and must meet the approval of
the City Inspector and shall include submittal of the following:
a. A certification of line and grade prepared by the engineer of work.
b. A final soil compaction report for review and approval by the City.
5. A $2,000 erosion control cash security shall be posted with the City.
6. Prior to start of any work at Old Winery Road, including construction of
the driveway approach, 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.
7. Prior to delivery of combustible building materials, the on-site water system
shall satisfactorily pass all required tests and be fully operational.
8. The following development fees shall be paid to the Engineering Services
Department prior to Building Permit issuance. These fees are currently in
effect and are subject to change.
Water:
Meter Size
Meter Cost
Expansion Fee
Service Line
SDCWA Capacity Fee*
SDCWA Water Treatment Fee*
Yo-inch
$ 130
$3,710
$1 ,430
$4,492
$ 159
1-inch
$ 270
$6,678
$1 ,430
$7,188
$ 255
*To be paid by separate check, payable to the San Diego County Water
Authority (SDCWA).
Resolution No. P-07-19
Page 10
Sewer:
Connection = $3,356
Cleanout box = $ 50
Inspection fee = $ 25
Indirect Benefit = $ 500
Traffic Mitigation = $ 990
Park = $2,720
Drainage = N/A
9. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
(Building)
10. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School District
for additional information at (858) 679-2570.
(Planning)
11. The maximum height of any fence or wall shall not exceed six (6) feet.
12. The building plans shall include cross-sections to demonstrate that no
portion of the structure is three stories to the satisfaction of the Director of
Development Services.
13. All living quarters shall be equipped with low-flow plumbing fixtures.
14. An Affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be paid
prior to Building Permit issuance.
15. The exterior building and roof materials and finishes shall be of muted earth
tones to the satisfaction of the Director of Development Services. The
applicant shall submit exterior color samples, roof samples, and type of
stone veneer to the Planning Department. Said materials and finishes shall
be reflected on the building plans.
F. The applicant shall comply with the following conditions prior to occupancy:
(Engineering)
1. Driveways, drainage improvements, all new drainage facilities, slope
landscaping and protection measures, and all utilities, shall be constructed
and completed by the property owner, and inspected by the Engineering
Inspector. The driveway shall be constructed in accordance with the Poway
Municipal Code. The driveway shall be located out of the right-of-way.
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
Resolution No. P-07-19
Page 11
Engineering Inspector. Run-off shall not be permitted to pond near the
house foundation or cause surface erosion along the slopes. Large
concentrated flows over the driveway and onto the street are not permitted.
3. The applicant shall repair any and all damages to the private streets caused
by construction activity frorn this project, to the satisfaction of the City
Engineer.
4. All proposed utilities within the project site shall be installed underground.
5. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request for 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)
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.
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 of fire apparatus, and
having a minimum of 13 feet 6 inches of vertical clearance. The Fire Chief,
pursuant to the PMC, 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
Resolution No. P-07-19
Page 12
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 Fire 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 is installed across the access way to the
residence, it 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 Landscaping
Requirements as it relates to fuel management zones. The applicant shall
submit, and receive approval of, landscape and irrigation plans prepared
pursuant to the City of Poway Guide to Landscaping Requirements prior to
Grading Permit issuance.
Section 6: This Minor Development Review Application 06-72 shall expire on
May 1, 2009, 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 May 1, 2007.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 1st day of May 2007.
ATTEST:
~Jtlt~
Sherrie D. Worrell, Deputy City Clerk
Resolution No. P-07-19
Page 13
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-07-19, was duly adopted
by the City Council at a meeting of said City Council held on the 1st day of May 2007,
and that it as so adopted by the fOllowing vote:
AYES: BOYACK, HIGGINSON, REXFORD
NOES: NONE
ABSENT: EMERY, CAFAGNA
DISQUALIFIED: NONE
~//A~~
herrie D. Worrell, Deputy City Clerk
City of Poway