Res P-09-27
RESOLUTION NO. P-09-027
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 03-62R(3)
ASSESSOR'S PARCEL NUMBERS 276-140-11 and 12
WHEREAS, Minor Development Review Application (MDRA) 03-62R(3) submitted
by Jonathan Weisz, Applicant, requests approval to authorize a private ball field on an
approximate 16-acre site adjacent to, and as an accessory use for, the residence located
at 18880 Old Coach Way, in the Rural Residential A zone and within the Hillside
Ridgeline Overlay Area; and
WHEREAS, on August 18, 2009, 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 finds that the proposed project is not subject to the
California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) of the
CEQA Guidelines, because the project involves establishment of a private ball field on a
previously graded lot, and there is no possibility there will be an effect on the
environment.
Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal
Code (PM C), to approve the project are as follows:
A. That the pad for the ball field has been sited to minimize landform alteration, and
conforms to City zoning and grading standards, including the maximum allowable
graded area limitation for the lot. Therefore, the proposed use respects the
interdependence of land values and aesthetics to the benefit of the City; and
B That the project will not have an adverse affect on the aesthetics, health, safety, or
architecturally.related impact upon adjoining properties. 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 proposed use will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity, nor will
it be contrary to the adopted General Plan, because it will meet all development
requirements; and
D. That the proposed development will comply with each of the applicable provisions
of the Zoning Ordinance and the General Plan.
Resolution No. P-09-27
Page 2
Section 3: The City Council hereby approves Minor Development Review Application
(MDRA) 03-62R(3) to authorize a private ball field on an approximate 16-acre site
adjacent to, and as an accessory use for, the residence located at 18880 Old Coach
Way, in the Rural Residential A zone and within the Hillside Ridgeline Overlay area, as
shown on the plans on file with the Planning Division dated June 23, 2009, subject to the
following conditions:
A. Approval of this project 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. The Conditions of Approval for MDRA 03-62R(2) shall remain in effect for the life
of the project, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
C Within 30 days of approval, the applicant shall submit in writing that all conditions
of approval have been read and understood.
D. Within 30 days of this approval, the applicant shall record the revised Biological
Conservation Easement on the site, which is on file with the City. The applicant
shall be responsible for all recordation fees.
E. No training activity offered by a compensated training professional shall be
conducted on the site which contains the recreational facilities unless a family
member is present.
F. The ball field shall not be rented or leased, and no unauthorized commercial
business use shall be conducted on the property.
G. The ball field shall not be used for organized sporting games.
H. Staff inspection of the site and activities shall be conducted periodically to ensure
compliance with the Conditions of Approval.
I. The ball field is an accessory use to the single-family residence. Parcel 4 (the ball
field site) shall be under the same ownership of Parcel 3 (the residence site)
unless the ball field use has been discontinued and the ball field improvement
removed on Parcel 4, to the satisfaction of the Director of Development Services,
or a new Minor Development Review Application and a Building Permit for a
residence has been issued on Parcel 4.
J. A grading permit is required. Grading plans and a grading permit application,
accompanied by the applicable fees, shall be submitted with 30 days of this
approval as follows:
Resolution No. P-09-27
Page 3
1. Submit a precise grading plan for the development of the lot prepared on a
City of Poway standard sheet at a scale of 1" = 20', unless otherwise
approved by the City project engineer, in accordance with the submittal and
content requirements listed herein. Submittal shall be made to the
Department of Development Services Engineering Division for review and
approval. The grading design shall be 100% complete at the time of
submittal, ready for approval and issuance of permit. Incomplete submittals
will not be accepted. The first submittal of the plans shall be by
appointment only.
SUBMITTAL REQUIREMENTS
a. Transmittal letter.
b. Plan check fees (contact City project engineer).
c. Completed Grading Permit application, signed by the property
owner.
d Eiqht copies of the grading plans.
e. Three copies of a preliminary soils/geotechnical report, prepared by
an engineer licensed by the State of California to perform such work,
shall be submitted with the grading plan.
f. Two copies of Preliminary Cost Estimate.
g. Two copies of the project's Drainage Study.
h. One copy of the approved project conditions of approval.
I. One copy of reference maps or plans used for design of the site.
J One copy of a current Preliminary Title Report (must be dated within
six months of the plan submittal date) and one copy of all easement
documents referenced in the report. All copies must be clear and
legible, faxed copies are usually not sufficient.
CONTENT REQUIREMENTS:
As a minimum, the grading plan shall show the following:
a. Driveways, in compliance with the specifications provided in Section
1708.1700 of the PMC, and including minimum structural sections
together with their elevations and grades.
b. A separate erosion control plan for prevention of sediment run-off
during construction.
c. Low Impact Development (LID) measures and strategies that will
emphasize conservation and the use of onsite natural features
combined with engineered hydrologic controls to more closely reflect
pre-development hydrologic functions. This includes maximizing
infiltration, providing retention, slowing runoff, minimizing impervious
footprint, directing runoff from impervious areas to landscaping, and
constructing impervious surfaces to minimum possible widths.
Resolution No. P-09-27
Page 4
d. All utilities (proposed and existing), together with their appurtenances
and associated easements. Encroachments are not permitted
upon any easement without an approved Encroachment
AgreemenUPermit.
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. All new slopes, with the maximum allowable slope of 2:1 (horizontal
to vertical). Tops and toes of graded slopes shall be shown with a
minimum five-foot setback from open space areas and property
lines. Buildings setbacks from slopes shall conform to Section
16.50090 of the PMC.
g. The location of environmentally sensitive areas or other areas that
are to be protected during grading operations.
h. Method of roof drainage for any proposed buildings.
2. Water Quality Control - Drainage and Flood Damage Prevention
a. Provide three copies of a Drainage Study prepared by a registered
Civil Engineer, with demonstrated expertise in drainage analysis and
experience in fluvial geomorphology and water resources
managernent. A storm drainage conveyance system shall be
designed to adequately convey storm water runoff without damage
or flooding of surrounding properties or degradation of water quality.
The study shall use the 100-year storm frequency as the design
frequency for the drainage conveyance system. The drainage
system, based on this design criteria, 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 identify all easements, on and off-site, required to properly
handle the drainage. Concentrated flows across driveways are not
permitted.
b. The drainage study shall identify and calculaie storm water runoff
quantities expected from the site and upstream of the site and verify
the adequacy of all onsite or offsite facilities necessary to discharge
this runoff. The drainage system design shall be capable of
collecting and conveying all surface water originating within the site,
and surface water that may flow onto the site from upstream lands, in
accordance with City of Poway standards, and be based on full
development of upstream areas.
3. Water Quality Control - Construction Storm Water Management
Compliance
Resolution No. P-09-27
Page 5
a. Provide proof of coverage under the General Permit for Discharges
of Storm Water Associated with Construction Activity (Construction
General Permit, 99-08-DWQ) prior to the start of construction. This
project disturbs 1 or more acres of soil or disturbs less than 1 acre
but is part of a larger common plan of development that in total
disturbs 1 or more acres. Construction activity subject to this permit
includes clearing, grading and disturbances to the ground such as
stockpiling, or excavation. Proof of filing of the NOI and an assigned
Waste Discharge Identification Number shall be submitted to the
Department of Development Services, Engineering Division prior to
issuance of the Grading Permit.
b. Provide two copies of a Construction Storm Water Pollution
Prevention Plan (SWPPP) as required by the Construction General
Permit. The Construction SWPPP should contain a site map(s) which
shows the construction site perimeter, existing and proposed
buildings, lots, roadways, storm water collection and discharge
points, general topography both before and after construction, and
drainage patterns across the project. The Construction SWPPP
must list. Best Management Practices (BMP's) the applicant will use
to protect storm water runoff and the placement of those BMP's.
Section A of the Construction General Permit completely describes
the elements that must be contained in a Construction SWPPP.
4. 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 cash security for erosion control of $2,000 is required.
5. Following approval of the grading plans, posting of securities and fees, and
receipt of three copies of the approved plans, the applicant shall attend a
pre-construction meeting at the Department of Development Services. The
scheduling request shall be submitted on a City standard form available
from the City's project engineer. The applicant's action plan that identifies
measures to be implemented during construction to address erosion,
sediment and pollution control will be discussed. Compliance for sediment
control shall be provided using the following guidelines, as directed by the
project inspector:
a. Provision of an onsite de-silting basin with a minimum volume of
3,600 cubic feet per tributary acre drained.
b. Covering of all flat areas with approved mulch.
Resolution No. P-09-27
Page 6
c. Installation of an earthen or gravel bag berm that retains a minimum
of three inches of water over all disturbed areas prior to discharge,
effectively creating a de-siltation basin from the pad.
d. Covering of all disturbed slopes prior to a forecast rain event with a
50% or greater probability of precipitation.
6. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing or grading. As a minimum, all
protected areas as shown on the approved grading plans are to be staked
under the direction of a licensed land surveyor or licensed civil engineer and
delineated with lathe and ribbon. As applicable, provide two copies of a
written certification, signed and sealed in accordance with the Business and
Professions Code, by the engineer of record stating that all protected areas
have been staked in accordance with the approved plans.
7. Prior to sign-off of finished grading, the grading permit fee is to be doubled
due to a previous grading violation.
8. The site shall be developed in accordance with the approved grading plans
on file in the Development Services Department and the conditions
contained herein. Grading of lots 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.
9. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer from October 15 to April 15. The
developer shall maintain all erosion control devices throughout their
intended life.
10. All existing and proposed utilities or extension of utilities required to serve
the project shall be installed underground. No extension of overhead
utilities shall be permitted.
11. 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. It is
recommended that record drawings be submitted at least three weeks prior
to a request for occupancy.
Section 4: The approval of MDRA 03-62R3 shall expire on AUQust 18, 2011 , at 5:00
Q..l!l unless, prior to that time, a Grading Permit has been issued and construction on the
property in reliance on the approval has commenced prior to its expiration.
Resolution No. P-09-27
Page 7
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 18th day of August 2009.
=:Y~ ~
Don Higginson, Mayor
ATTEST:
/ lerk
Resolution No. P-09-27
Page 8
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Linda Troyan, City Clerk of the City of Poway, do hereby certify under penalty of perjury
that the foregoing Resolution No. P-09-027 was duly adopted by the City Council at a
meeting of said City Council held on the 18th day of August 2009, and that it was so
adopted by the following vote:
AYES: BOYACK(via teleconference), KRUSE, HIGGINSON,
CUNNINGHAM, REXFORD (via teleconference)
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
i.-
t a A. Troyan, MMC, City Clerk
City of Poway