Res P-11-20RESOLUTION NO. P -11 -20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW APPLICATION 09 -11
ASSESSOR'S PARCEL NUMBER 277 - 230 -07
WHEREAS, Minor Development Review Application (MDRA) 09 -11, submitted by
John Jensen, Applicant, requests approval to construct a 6,704- square -foot home with a
1,144- square -foot detached garage and a 502 - square -foot detached guest house at 14855
Sunset Ridge Court. The property is zoned Rural Residential A (RR -A) and is located within
the Hillside /Ridgeline Review area; and
WHEREAS, on August 2, 2011, 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 environmental impacts, including habitat loss, associated with the
subdivision and subject parcel were adequately discussed and mitigation was identified in
the Mitigated Negative Declaration prepared for TTM 02 -02 and approved by the City
Council on October 11, 2005. Mitigation of the project impacts were satisfied through the
onsite preservation of approximately 50 acres of Coastal Sage Scrub.
Section 2: The project site is within the Proposed Resource Planning Area (PRPA) 3
of the Mitigation Area of the Poway Habitat Conservation Plan (HCP). The mitigation is
consistent with and furthers the implementing objectives of the Poway HCP. The developer
of TTM 02 -02 has mitigated for the removal of Diegan Coastal Sage Scrub through the
preservation of open space on individual parcels as noted on Final Map 15725.
1. Mitigation for development impacts will be accomplished through onsite
dedication of a Biological Conservation Easement preserving onsite
comparable Diegan Coastal Sage Scrub habitat of equal or greater value within
the Mitigation Area of the Poway HCP and within the boundaries of the parcel
and TTM 02 -02.
2. The preservation of onsite habitat within the Mitigation Area of the Poway HCP
will contribute toward meeting the objectives of the Poway HCP.
3. The mitigation will foster the incremental implementation of the Poway HCP in
an effective and efficient manner through the preservation of habitat within an
identified Mitigation Area within the City and is contiguous with other dedicated
open space lands.
Resolution No. P -11 -20
Page 2
4. The mitigation will provide a long -term benefit to the covered species and their
habitats in that the dedication of a Biological Conservation Easement (BCE)
over undisturbed habitat will promote a meaningful addition to the assembly of
a viable regional system of interconnected natural habitat resources, habitat
linkages, buffers, and wildlife corridors. The BCE furthers the goals of the
Poway Subarea Habitat Conservation Plan ( PSHCP).
5. The mitigation will foster the incremental implementation of the PSHCP in an
effective and efficient manner in that the BCE is contiguous with other
dedicated open space lands.
6. The mitigation will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP in that the subject mitigation area will
be placed in a recorded BCE, paid and maintained by the applicant. Therefore,
such dedication will not result in a fiscal impact.
Section 3 : The findings, in accordance with Poway Municipal Code (PMC) Chapter 17.52,
to approve Minor Development Review Application 09 -11 to construct a 6,704- square -foot
home with a 1,144- square -foot detached garage and a 502 - square -foot detached guest
house on a 5.2 -acre property located at 14855 Sunset Ridge Court, 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 effect 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
Resolution No. P -11 -20
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F. That the proposed development will comply with each of the applicable provisions
of the Zoning Ordinance and the General Plan.
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 -11, to allow the construction of a
6,704- square -foot home with a 1,144- square -foot detached garage and a 502 - square -foot
detached guest house on a 5.2 -acre property located at 14855 Sunset Ridge Court, per site
plan, floor plan, and elevations on file with the Planning Division dated November 4, 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.
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D. The conditions of MDRA 09 -11 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.
E. Prior to issuance of a Grading Permit, Administrative Clearing Permit or Building Pad
disturbance the applicant shall comply with the following:
(Planning)
1. To ensure the native vegetation in the undeveloped portion of the parcel that
lies beyond the fire management zone is permanently preserved, a BCE shall
be recorded prior to issuance of the Grading Permit or Administrative Clearing
Permit, whichever occurs first. Said BCE shall be approved by the City
Attorney, and shall be notarized and recorded with the County of San Diego.
The applicant shall be responsible for City easement plan check fees.
2. 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.
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.
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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 nesting 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.
3. 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.
4. 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.
5. 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.
6. 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.
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7. In compliance with the PSHCP, the City shall process a General Plan
Amendment and Zone Change to change the land use and zoning designation
of the area of the undeveloped land outside the fire management zone to
Open Space - Resource Management (OS -RM) to ensure its permanent
preservation.
(Engineering)
8. All spoil materials from footings
offsite unless a Grading Permit
from the Development Services
placement or the applicant has
writing that no permit is required.
and foundations shall be legally disposed of
for placement of the materials is obtained
Department — Engineering Division prior to
received verification from the Department in
9. Applicant shall incorporate Low Impact Development (LID) design features
into the site development. These shall be clearly shown and identified on the
site plan and be appropriately sized for the proposed level of development.
10. Submit a precise grading plan for the development of the lot prepared on a
standard City of Poway 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 Engineering
Division for review and approval. The grading design shall be 100% complete
at the time of submittal. The first submittal of the plans shall be by
appointment only. All technical studies, as required by the PMC, shall be
submitted with the initial submittal.
11. Applicant shall submit a Water Quality Technical Report to comply with the
City's SUSMP requirements as outlined in Chapter 16.103 PMC.
12. 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.
13. 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 Development Services Department. 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 provided using the following guidelines, as directed by the
Engineering Inspector.
14. 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
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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.
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:
(Engineering)
1. 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 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. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer from October 1 to April 30. The
developer shall maintain all erosion control devices throughout their intended
life.
3. Applicant shall obtain a Grading Permit and complete rough grading of the
site. The grading shall meet the approval of the Engineering Inspector and
the project's geotechnical engineer. Following completion of rough grading,
please submit the following:
a. Three copies of certification of line and grade for the lot, prepared by
the engineer of work.
b. Three copies of a soil compaction report for the lot, prepared by the
project's geotechnical engineer.
The certification and report are subject to review and approval by the City.
4. Applicant shall pay all development impact fees that are in effect at time
of permit issuance. The following fees shall be paid to the City of Poway
and are an estimate based on current fee schedules.
a. Drainage $ N/A
b. Sewer (North Basin) $6,470.00
C. Water ( 3 /" meter *) $3,026.00
d. Traffic (SFR) $2,160.00
e. Parks (SFR) $4,562.00
f. Fire Apparatus (SFR) $ 122.03
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This does not include school or in -lieu fees for affordable housing. The
water fee is based on an assumed 3 /" meter size but a 1" meter will be
required for fire sprinklers with no increase in fee. In addition to the fee to the
City, there is also a fee to the San Diego County Water Authority in the
amount of $4,326 for a 3 /" meter.
5. The building plans shall be consistent with the approved site plans, floor plans
and elevations on file-with the Planning Division.
6. Applicant shall record a covenant to maintain the offsite fire fuel management
zone that extends onto Lot 10 of this subdivision. The covenant will remain in
force and applicable to all future property owners. The covenant may be
terminated with the development of Lot 10 if it can be demonstrated to the
satisfaction of the Director of Development Services and the Fire Marshal that
the fire fuel management zone for Lot 10 will encumber the covenant area.
7. The Heights subdivision water system and corresponding reimbursement
agreement must be accepted by the Poway City Council prior to the issuance
of a Building Permit for the second new single - family home within this
subdivision.
8. Record drawings for The Heights subdivision must be approved by the
City Engineer prior to the issuance of a Building Permit for the second new
single - family home within this subdivision.
(Planning)
9. The project site shall be landscaped and irrigated in compliance with the
City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC,
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, 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, and
ii. The Fire Fuel Management Zones.
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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:
9. The maximum height of any fence or retaining wall shall not exceed 6 feet.
Retaining walls shall be of decorative block or stucco finish consistent with the
exterior of the residence. Building plans shall clearly show the location,
material and heights of retaining walls.
10. No walls or fences shall be installed that may constrict wildlife movement
through any open space corridors specifically created for the movement of
wildlife as part of the mitigation for TTM 02 -02, except as approved by the
City of Poway prior to installation.
11. The residence shall be equipped with low -flow plumbing fixtures.
12. A Housing In -Lieu fee shall be paid.
13. The applicant shall annex into Landscape Maintenance District 86 -1 prior to
the issuance of Building Permits.
G. 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.
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.
Resolution No. P -11 -20
Page 10
5. Record drawings for Lot 7, signed by the engineer of work, shall be submitted
to Development Services prior to a request of occupancy, per Section
16.52.1306 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. At least three
weeks prior to a request for occupancy is recommended.
(Planning)
6. All landscaping and irrigation shall be installed in accordance with approved
landscape plans.
H. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
The applicant is required to meet all applicable PMC and California State Fire,
Residential and Building Codes for this project. Contact the Division of Fire
Prevention at 858 - 668 -4470 to set up a meeting prior to submitting building
plans in order to review project requirements.
2. A residential fire sprinkler system with a one -inch meter will be required.
A separate plan submittal and approval by the Poway Fire Department,
Division of Fire Prevention, prepared by a licensed sprinkler contractor or
fire protection engineer is required for the residential sprinkler system prior to
installation.
3. The parcel is located within the Very High Fire Hazard Area of the City and
is new construction; California Building Code chapter 7A will apply.
4. The parcel is located within the Very High Fire Hazard Area of the City;
Chapter 15.05 PMC will apply.
a. Ignition- resistant construction Class 1, is required for this project
b. 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. 135 feet of fuel
management is required.
C. The applicant shall submit and receive signed approval for landscape
and irrigation plans prior to the issuance of the Building Permit.
a. An 80 percent structure setback (measured from the top of the slope to
the farthest projection from the roof) is required. A structure shall be
set back a minimum of 1.25 feet horizontally from the top of slope for
every foot in building height measured from the farthest projection of
the roof.
Resolution No. P -11 -20
Page 11
Section 6: Minor Development Review Application 09 -11 shall expire on August 2, 2013,
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 August 2, 2011.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 2nd day of August 2011.
Don Higginson, Mayor
ATTEST:
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- 11 -20, was duly adopted by the City
Council at a meeting of said City Council held on the 2nd day of August 2011, and that it
was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
W a A. Troyan, MKIIC, City Clerk
of Poway