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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