Res P-10-32RESOLUTION NO. P -10 -32
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 09 -22
ASSESSOR'S PARCEL NUMBER 278 - 300 -70
WHEREAS, MDRA 09 -22, submitted by AWC Construction, Owner, requests
approval to construct a 3,686- square -foot, 2 -story home with a 444- square -foot, attached
garage at 15204 Skyridge Road. The property is zoned Rural Residential B (RR -B) and is
located within the Hillside /Ridgeline Review area; and
WHEREAS, on September 21, 2010, the City Council held a public meeting to
solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1 : The project is Categorically Exempt from the California Environmental
Quality Act (CEQA), as a Class 2 Categorical Exemption, pursuant to Section 15302
of the CEQA Guidelines, in that it is for a replacement single - family home at the same site
of a previous single - family home.
Section 2 : Pursuant to the Poway Habitat Conservation Plan (Poway HCP), a biological
report prepared by RC Biological Consulting, Inc., dated June 7, 2010, was submitted for
the property. Project development will impact approximately 0.33 acres of Southern
Mixed Chaparral and 0.44 acres of disturbed Southern Mixed Chaparral. In accordance
with the Poway HCP, mitigation for the removal of Southern Mixed Chaparral habitat for
MDRA 09 -22 is as follows.
A. The mitigation is consistent with, and furthers the implementing objectives of, the
Poway HCP in that the applicant will mitigate the removal of 0.33 acres of Southern
Mixed Chaparral at a 2:1 ratio and 0.44 acres of disturbed Southern Mixed
Chaparral at a 1:1 ratio, for a total of 1.1 acres, through the payment of a Habitat
Mitigation In -Lieu Fee at a rate established by the City. The project is not located in
the Mitigation Area of the Poway HCP. Therefore, the project is not eligible for
onsite mitigation. The 2:1 mitigation ratio for the removal of 0.33 acres of Southern
Mixed Chaparral is appropriate because California Gnatcatchers had been seen
foraging at the site. The 1:1 mitigation for the removal of 0.44 acres of disturbed
Southern Mixed Chaparral is appropriate because the habitat is low -grade and does
not support any sensitive species.
B. Offsite habitat mitigation, or payment of a Habitat Mitigation In -Lieu Fee, which will
go toward the purchase of habitat within the Mitigation Area, will enhance the long-
term viability and function of the preserve system.
Resolution No. P -10 -32
Page 2
C. The mitigation will be to the long -term benefit of the covered species and their
habitats in that an offsite BCE within the Mitigation Area will be recorded or cash
In -Lieu Fee will be paid to go toward the purchase of land that will have undisturbed
habitat on which a BCE willl be recorded. Said land will promote a 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 offs ite'conservation area is required to be
within an identified Mitigation Area within the City.
E. The preserved habitat will not result in a negative fiscal impact with regard to the
successful implementation of the Poway HCP as In -Lieu Fees will be paid.
Section 3 : The findings, in accordance with Poway Municipal Code (PMC)
Chapter.. 17.52, to approve Minor Development Review Application 09 -22 to construct a
3,686- square -foot 2 -story home with a 444- square -foot attached garage at 15204
Skyridge Road, are as follows:
A. That the home and garage have been sited to minimize landform alteration, 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 residences. 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 MDRA would not be materially detrimental to the public
health, safety, or welfare since the proposed use will complete improvements
necessary for the new residence; and
D. That the project has been designed to minimize impacts on the surrounding
community by utilizing a low- profile architectural design, and earth -toned 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 -10 -32
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Section 4 : The findings, pursuant to Government Code Section 66020 for the public
improvements, and 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 a fire apparatus fee, which promotes a safe and healthy
environment for the residents of the City.
Section 5 : The City Council hereby approves MDRA 09 -22, to allow the construction
of a 3,686- square -foot, 2 -story home with a 444 - square -foot, attached garage at
15204 Skyridge Road, per site plan, floor plan, and elevations on file with the Planning
Division dated July 16, 2010, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents, officers,
or employees, relating to the issuance of this permit, including, but not limited to,
any action to attack, set aside, void, challenge, or annul this development approval
and any environmental document or decision. The City may elect to conduct its
own defense, participate in its own defense, or obtain independent legal counsel in
defense of any claim related to this indemnification. In the event of such election,
applicant shall pay all of the costs related thereto, including without limitation
reasonable attorney's fees and costs. In the event of a disagreement between the
City and applicant regarding litigation issues, the City shall have the authority to
control the litigation and make litigation related decisions, including, but not limited
to, settlement or other disposition of the matter. However, the applicant shall not be
required to pay or perform any settlement unless such settlement is approved by
applicant.
B. Approval of this MDRA 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.
C. Within 30 days of approval, the applicant shall submit in writing that all conditions
of approval have been read and understood.
D. The conditions of MDRA 09 -22 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.
Resolution No. P -10 -32
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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 site plans, floor
plans and elevations on file with the Planning Division dated July 16, 2010,
except as modified by the conditions herein.
(Engineering)
2. All spoil materials from footings and foundations shall be legally disposed
of offsite unless a Grading Permit for placement of the materials is obtained
from the Development Services Department — Engineering Division prior
to placement or the applicant has received verification from the Department
in writing that no permit is required.
3. A minimum $2,000 cash security for erosion control is to be posted.
4. The applicant shall pay all applicable development impact fees in effect
at time of permit issuance. Currently, a fire apparatus fee in the amount
of $122.03 is due.
5. A stormwater pollution inspection fee is to be posted. The current fee is
$1,318, and is subject to change without notice.
6. Following approval of the site plans, posting of securities and fees, and
receipt of two copies of the approved site plan, the applicant shall attend
a pre- construction meeting at the Department of Development Services.
The scheduling request shall be submitted on a standard City 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 as directed by the Engineering Inspector:
7. 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 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, from the engineer or licensed land surveyor stating that
all protected areas have been staked in accordance with the approved plans.
The access easement limits shall also be staked to ensure all driveway
improvements are within the easement.
8. Prior to start of any work within a City -held easement or right -of -way, a
Right -of -Way Permit shall be obtained from the Engineering Division. All
appropriate fees shall be paid prior to permit issuance.
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9. The existing driveway is shown to remain in place. Should the existing
pavement be removed to native ground, the project may become a priority
project and be subject to treatment control BMPs in accordance with the
Poway Local SUSMP ordinance.
(Planning)
10. The project site shall be landscaped and irrigated in compliance with the
City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC,
and all other applicable standards in effect at the time of landscape and
irrigation plan check submittal. Landscape and irrigation plans shall be
submitted and approved prior to the issuance of the Building Permit. The
landscape and irrigation plan submittal is a separate submittal from other
project plan check submittals, and is made directly to the Planning Division.
Landscape and irrigation plan review fees are required and are the
responsibility of the applicant.
The plans for landscaping shall, at minimum, show the following:
a. Irrigation, and sizes and species for:
i. Landscaping all manufactured and disturbed slopes greater
than a 5:1 slope;
ii. The Fire Fuel Management Zones.
b. In accordance with said requirements, and the Poway General Plan
requirement for hillside development, the landscaping shall utilize
materials similar in appearance to the existing native vegetation.
C. 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.
11. According to the habitat assessment and area calculations prepared on
June 4, 2010, by RC Biological Consulting, Inc., the site consists of 1.04
acres of Coast Live Oak Woodland, 1.38 acres of Southern Mixed Chaparral,
and 0.44 acres of disturbed Southern Mixed Chaparral, for a total of 2.53
acres. Fire Management Zones will impact approximately 0.33 acres of
Southern Mixed Chaparral and 0.44 acres of disturbed Southern Mixed
Chaparral.
Prior to the issuance of a Grading Permit, Building Permit, or an
Administrative Clearing Permit, whichever occurs first, the applicant shall
mitigate the project impacts to natural habitat as follows:
Payment of the Habitat Mitigation In -Lieu Fee for purchase of habitat within
the Mitigation Area of the Poway HCP. Payment is required for a total of
Resolution No. P -10 -32
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1.1 acres in the amount that is in .effect at time of grading, administrative
clearing, or Building Permit issuance, whichever comes first. Presently, the
In -Lieu fee is $17,000 per acre.
12. 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. Because California Gnatcatchers have been identified on
the site, clearing /grading activities during this time frame will only be
permitted subject to the following conditions having been met to the
satisfaction of the Director of Development Services.
The applicant is hereby advised that, during clearing /grading activities,
if active nests are found within 500 feet of the grading, the clearing /grading
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 clearing will be allowed
to resume.
a. Prior to the issuance of a Building Permit, Grading Permit, or
Administrative Clearing Permit, whichever comes first, and if clearing/
grading 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 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 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 cleared /graded, or
within CSS habitat located within 500 feet of said area, no
clearing /grading will be allowed during this time.
Resolution No. P -10 -32
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13. The biologist must attend the City's pre- construction meeting for the project
and must be present onsite 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 graded /cleared 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 clearing /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 clearing /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 and /or grading
plan.
14. 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.
15.' At a minimum, all protected areas, as shown on the clearing, building site,
and /or grading plans, 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.
F. Prior to issuance of a Certificate of Occupancy.
(Engineering)
1. 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.
2. The drainage facilities, driveway, slope planting measures, and all utility
services shall be installed, and completed by the property owner,
and inspected by the Engineering Inspector for approval. All new utility
services shall be placed underground.
Resolution No. P -10 -32
Page 8
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.
4. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damages to the streets caused by construction activity from this project.
(Planning)
5. All landscaping and irrigation shall be installed in accordance with approved
landscape plans.
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 PMC 15.04.050, 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. The 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 shall be accessible to Fire Department apparatus by way
of access roadways with an all- weather driving surface of not less than
16 feet of unobstructed width, with roadway interior turning radius of not
less than 28 feet, 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 apparatus.
6. The parcel is located within the Very High Fire Hazard area of the City,
therefore Chapter 15.05 PMC will apply.
7. A residential fire sprinkler system with a one -inch meter will be required.
A separate plan, prepared by a licensed sprinkler contractor or fire protection
engineer, must be submitted and approved by the Poway Fire Department,
Division of Fire Prevention, for the residential sprinkler system prior to
installation. A separate fee is required for this plan check. If a one -inch
lateral off the street main is currently not present, one will have to be
Resolution No. P -10 -32
Page 9
installed. If a pressure pump is required for fire sprinkler operation, auxiliary
power is required.
8. If an electric powered gate is installed across the access way to residence,
it shall have a Knox override key switch that shall be ordered through the
Poway Fire Department.
9. Show permanently wired smoke detectors, with battery backup, in each
sleeping room and at a point centrally located in the corridor /hallway area
leading to each separated sleeping area. The smoke detectors shall be
hard- wired, with a battery backup, and shall be wired in such a manner that
if one detector activates, all detectors activate.
10. Doors leading from attached garages into the structure shall meet the
requirements for a 20- minute fire door assembly.
11. Propane tanks or containers up to 500 gallons shall maintain a minimum
10 -foot clearance from structures, combustibles and property lines. Tanks
greater than 500 gallons shall maintain a 25 -foot clearance. Tanks shall
be secured in an approved manner as per the Poway Municipal Code.
Wildland Urban Interface Building Code Requirements (PMC 15.05) for
Very High Fire Hazards Areas.
12. The structure is in the Very High Fire Hazard Area, therefore, an interior,
automatic fire sprinkler system is required.
13. Where the roof profile allows a space between the roof covering and roof
decking, the spaces shall be constructed to prevent the intrusion of flames
and embers, be fire - stopped with approved materials, or have one layer of
No. 72 ASTM cap sheet installed over the combustible decking. Provide
note on plans.
14. When provided, valley (lashings shall be not less than 0.019 -inch (0.48 mm)
(No. 26 galvanized sheet gauge) corrosion - resistant metal installed over a
minimum 36- inch -wide (914 mm) underlayment consisting of one layer of
No. 72 ASTM cap sheet running the full length of the valley. Provide note
on plans.
15. The applicant shall comply with Section Six of the City of Poway Landscape
and Irrigation Design Manual and Chapter 15.05 PMC as it relates to fuel
management and defensible space. One hundred thirty -five (135) feet of
fuel management, or to the parcel line, is required. No offsite fuel
management will be required. There is a separate fee for this plan
check and inspection services. The landscape plan requires a separate
Resolution No. P -10 -32
Page 10
landscape and irrigation plan submittal prepared pursuant to the City
of Poway Landscape and Irrigation Design Manual requirements. The
applicant shall submit, and receive signed approval of landscape and
irrigation plans prior to Building Permit issuance.
16. An 80 percent structure setback (measured from the top of slope to the
farthest projection from the roof) is required. Examples include:
a. A 15 -foot horizontal setback distance is required for a single -story
structure measuring 12 feet above grade.
b. A 30 -foot horizontal setback is required for a two -story structure
measuring 24 feet above grade.
c. Structural setbacks shall be shown on the site plan. Show scaled
cross - section profiles denoting the top of slope, building /roof
projections and the setback distance at multiple locations on the plan
submittal.
17. Exterior wall finished material shall be noncombustible and comply with
the California Building Code (e.g.: stucco, masonry, cement fiber board,
heavy- timber, etc.). In addition, all exterior walls are required to be protected
with nominal two -inch solid blocking between rafters at all roof overhangs.
Wood shingle and shake wall coverings shall be prohibited.
d. Appendages and projections attached to a structure, such as exterior
balconies, carports, decks, and patio covers, shall be constructed to
maintain the fire- resistive integrity of the exterior walls. Such
appendages and projections shall meet the requirements for all
setbacks and fuel modification zones.
18. Exterior windows and glazing are restricted to multilayered glass (dual
glazed) and shall be tempered. Glazing frames made of vinyl materials
shall have welded corners and reinforcement in the interlock area, and
be certified ANSI /AAMA/NWWDA 101/I.S.2 -97 structural requirements.
Provide note on plans.
19. Skylights shall be tempered glass. Provide note on plans.
20. Exterior doors shall be of approved noncombustible construction or ignition -
resistant, solid core wood not less than 1'/4 inches thick, or have a fire
protection rating of not less than 20 minutes. Windows within doors and
glazed doors shall comply with exterior window and glazing requirements.
Provide note on plans.
Resolution No. P -10 -32
Page 11
21. All eave, soffit, and roof construction shall be ignition- resistant and in
compliance with PMC Chapter 15.05, Wildland Urban Interface Building
Code. Provide details and notes on plans for eave and soffit construction.
22. Eave, soffit, and roof ventilation shall be constructed in such a manner as
to provide for flame and ember penetration resistance. Alternate designs
and methods will be considered on a case -by -case basis. Provide details
showing size and location of attic ventilation and subfloor ventilation on
plans.
23. Roof and attic vents are prohibited in locations where embers are most likely
to accumulate. Provide details showing size and location of attic ventilation
on plans.
24. Gutters and downspouts shall be constructed of noncombustible materials.
Roof gutters shall be provided with the means to prevent the accumulation
of leaves and debris.in the gutter that contribute to roof -edge ignition.
25. The first ten feet of material for fences and other attachments, such as
stair risers, treads, landings, porches, and balconies, to structures shall
be constructed of noncombustible material or pressure- treated, exterior
fire- retardant wood. Gates are permitted, provided that a minimum 5 -foot
length section of noncombustible fencing material is installed as a firebreak
immediately adjacent to the gate.
26. Unenclosed, under -floor areas shall be enclosed to the ground or all exposed
structural columns, beams and supporting walls are to be protected as
required for one -hour, fire - resistive construction or heavy- timber construction
per the California Building Code.
27. All awnings attached to any structure shall meet the 15 -foot, structure -
setback requirement and be identified as fire rated. Additionally, the
awning shall be contained in a metal, self - closing or box - protected cover.
28. Non - roof - mounted solar panels shall be located no closer than 20 feet from
a combustible structure and shall have a metal frame. All solar panels
placed on a roof top shall comply with a Class "A" roof assembly.
Installation design and materials shall comply with City of Poway policy
and guidelines.
Section 6: Minor Development Review Application 09 -22 shall expire on September 21,
2012, at 5:00 p.m., unless a Building Permit has been issued and construction or use
of the property in reliance on this permit has commenced prior to its expiration.
Resolution No. P -10 -32
Page 12
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 September 21, 2010.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 21 st day of September 2010.
�fYtti� ,n /✓—
Don Higginson, Mayor
0
Lima- ArTroy6n, MMC, City Clerk
Resolution No. P -10 -32
Page 13
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P- 10 -32, was duly adopted by the
City Council at a meeting of said City Council held on the 21st day of September 2010,
and that it was so adopted by the following vote:
AYES: CUNNINGHAM, MULLIN, KRUSE, HIGGINSON
NOES: NONE
ABSENT: BOYACK
DISQUALIFIED: NONE