Item 12 - Recordation of Notice of Violation F. Douglas Troxler
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AGENDA REPORT SUMMARY
- TO: Honorable Mayor and Members of the City Council
FROM: J~s L. Bowersox, City Ma~
INITIATED BY: John D. Fitch, Assistant City Manager ~j-
Reba Vright-Quastler, Director of Planning Services
DATE: July 11, 1995
SUBJECT: Recordation of Notice of Violation of a portion of the southeast quarter of
the northeast quarter in Section 6, Township 14 south, Range 1 west, San
Bernardino Base and Meridian, in the City of Poway, County of San Diego, F.
Douglas Troxler, Trustee.
ABSTRACT
Request for permission to proceed to file a Notice of Violation for illegal clearing of
Coastal Sage Scrub.
ENVIRONMENTAL REVIEW
This action is categorically exempt WAder the provisions of the California Environmental
Quality Act, Class 8 and Class 21.
- FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report was sent to Douglas Troxler, U.S. Fish' Wildlife Service and
California Departlent of Fish' Game.
RECOMMENDATION
It is recommended that the City Council:
1. Adopt the resolution ordering the recordation of a Notice of Violatian on the
subject parcel.
2. Direct the City Clerk to record the Notice of Violation in the Office of the County
Recorder of San Diego.
ACTI ON
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E:\CITY\PLANNING\REPORT\TROXLER.5UM
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AGENDA REPOR'r
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~
INITIATED BY: John D. Fitch, Assistant City Manager ~Sl
Reba Wright-Quastler, Director of Planning Services
Marijo Van Dyke, Associate Planner
DATE: July 11, 1995
SUBJECT: Recordation of Notice of Violation on a portion of the
southeast quarter of the northeast quarter inSect i on 6,
Township 14 south, Range 1 west, San Bernardino Base and
Meridian, in the City of Poway, County of San Diego, F.
Douglas Troxler, Trustee.
APN: 321-031-05
BACKGROUND
The subject property is located on Orchard View lane, accessed by way of Golden
Sunset Lane frOM Espola Road. Mr. Troxler, representing himself as the owner of
the property described above, applied for the approval of the construction of a
new home, which was approved under Minor Development Review 93-20, on May 17,
1993.
A focused biological survey was conducted over the lot, in conjunction with the
MORA. The results of the survey indicated that the preponderance of the 3.3 acre
site was covered in coastal sage scrub, the exceptions being along the westerly
side of the lot where a fire break had traditionally been maintained, and a small
patch of riparian vegetation at the extreme northern corner of the property. A
pair of California Gnatcatchers were observed crossing the property. The lot is
louted at the western edge of the proposed Poway subarea preserve boundary. The
report stated as follows:
Due to the (at least transitory) presence of the California Gnatcatcher
and due to the presence of its habitat (Diegan Coastal Sage Scrub) any
development (including clearing and grubbing) of the Troxler property will
have to receive a prior "approval" through the Fish and Wildlife Service.
On March 28, 1995, Mr. Troxler applied for an Administrative Clearing Permit.
He met with Grading Inspection and Planning staff to arrange for the clearing
ACTION:
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Agenda Report
July 11, 1995
Page 2
operation. On April 3, 1995, the request was withdrawn since the applicant was
not ready to .itigate the loss of coastal sage scrub at the required 2:1 ratio
as required by Poway ordinance, or pay an in-lieu deposit.
FINDINGS
On May 10, 1995, staff observed the freshly cleared hillside frOll another
inspection site across the valley. Photos were taken on the same day by the Code
Compliance Officer, (see Attachment D). The administrative clearing permit was
not issued. The clearing took place during the nesting period for the
gnatcatcher, which is precluded under the Interim Guidelines issued by the U.S.
Fish and Wildlife Service regarding the protection of the bird as a "threatened"
species.
The site was bladed. There is no remaining vegetation on the property except for
the riparian area at the north end. No erosion control measures have been
installed. The property has a natural slope of approxi.ately 15 percent on the
west to 25 percent on the lastern side.
ENVIRONMENTAL REVIEW
This action is categorically exempt under the provisions of the California
- Environmental Quality Act, Class 8, Action of Regulatory Agencies for Protection
of Natural Resources &Ad Class 21, Enforcement Actions by Regulatory Agencies.
FISCAL IMPACT
NoM.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report was sent to Douglas Troxler, U.S. Fish l Wildlife Service
and California Department of Fish l Game.
RECOMMENDATION
It is recOlRended that the City Council:
1. Adopt the resolution ordering the recordation of a Notice of
Violation on the subject parcel.
2. Direct the City Clerk to record the Notice of Violation in the
Office of the County Recorder of San Diego.
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Attachments:
A. Vicinity and Location Map
B. Notice of Violation
C. Resolution Ordering Recordation
D. Photographs of Troxler Property
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Vicinity Map
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NOTICE OF
VIOLA TION
ATTACHMENT A JUL11 1995 ITEM 12 I
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.- RECORDING REQUESTED BY: )
)
C ITV OF POWA Y )
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AND WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
) (This SDace for Recorder's Use)
No transfer tax due )
Tax Parcel No. 321-031-05
NOTICE OF VIOLATION
The Directors of Engineering Services and Planning Services have determined that the property
described below has been cleared, in violation of the City Grading Ordinance (Title 16,
Division II and IV, commencing at Section 16.42.010, 16.42.040.D.~ and 16.42.040.2; and
16.56.020, 16.56.050 and 16.56.090, respectively of the Poway Municlpal Code).
Parcel 1:
'!bat partial of the Southeast Quarter of the t-brtheast: Quarter in Sectial 6, Township 14
- Souttl, ~ 1 West, San Bemardino Base and />Eri.dian, in the Ccunty of San Diego, State
:Jf California, a::=din] to Uti.ted States GoYerment Sul:vey, described as follows:
0::mtI3rx:::lng at the Soutt'w3st =nar of the Sout:OOast Quarter of the /Ibrtheast Quarter of
said Sectial 6; then:::e alCOJ the Westerly lire of the N:Jrtheast Quarter of th Sou~t
Quarter, Souttl 00007'40" West, 250.03 feet; then:::e South 88056'04" East, 200.00 feet to
the Sa.rtt&.ester1y corner of the land described in deed to Brock H. Nable, re..u..<lt=d June
15, 1972 as File/Page N::l. 152171; thelce alcrg the Westerly i:Jo.Jn::lazy of said Nable's land
as follows: parallel with the \'lest&.ly Un: of said N::lrtheast Quarter of the Southeast
Quarter N:Irth 00007'40" East, 180.00 feet to the begi.nni.rg of a t.afgent 1000.00 foot
radius curve, U.U..<:1~ Westerly; Ii.... U.....ly alcrg the arc of said curve ~ a central
ar:gle of 11028'19" a dist.a......, of 200.22 feet to a point al the Westerly Un: of the land
described in deed to N::lble reoc.u:]ed CLL...b"r 30, 1967 as File N::l. 168318; theJce alcrg the
Ixuxiary of the land described in said deed to Noble and rrenticned as follows; said point
~ als:l at the begi.nnirg of a reversed curve to the right havinJ a radius of 1000.00
feet; /lbrtherlyalcrg the arc of said curve through a CEntral ar:g1e of 11028'36" a
distaroe of 200.30 feet to a point of tangen::;y in a line drawn parallel with and distant
160.00 feet Easterly at right ar:gles to the Westerly line of the Southeast Quarter of the
/Ibrtheast Quarter of said Se.cti.cn 6; t:heo::e alcrg said parallel line N:Irth 0007' 57" East,
88.57 feet and N:Irth 59033'30" East, 426.70 feet to an ar:g1e point in said Nable's land;
theJce Souttl 70004'30" East 322.87 feet to the True Point of Begi.nni.rg; theJo. a::n't:inui.nJ
Souttl 70004'30" East 197.67 feet; thelce Souttl 00047'34" West parallel with and distant
333.68 feet Westerly of the said Easterly Un: of the said Southeast Quarter of the
/Ibrtheast Quarter a di.staooe of 470.34 feet.to the South Un: of the said Southeast
Quarter of the N:lrtheast: Quarter; theJce N:Irth 88 0 56' 04" West alCOJ said Souttl Un:, a
dist.a......, of 371.81 feet to the ll.t=l:l<1.""tial with a Un: that bears South 19055'30" West
-"ran the True Point of 13eginn:ing; t:heo::e N:Irth 19055'30" East, 564.63 feet to the True
.)int of Beginning. -
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A TT ACHMENT 8
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VIOLATION
Clearing of the property without a City permit. Removal of high quality Coastal
Sage Scrub, without Mitigation or approval of the City. The area subject to the
violation is located outside the scope of work of City Minor Development Review
93-20. (MORA 93-20 has expired).
EXPUNGEMENT OF NOTICE OF VIOLATION
The City could expunge the Notice of Violation frOM the record if the following
items are accomplished:
A. An in-lieu deposit is paid in the amount of $10,000 per acre, for the
Mitigation of the loss of 2.5 acres of high quality coastal sage scrub
originally found on the property.
B. Approval by the City of a grading plan, issuance of a grading permit, and
recordation of a document identifying the area graded as a non-structural
pad.
C. Installation of required erosion control devices.
ENGINEERING SERVICES DEPARTMENT PLANNING SERVICES DEPARTMENT
Hark S. Weston, RCE 26847 Reba Wright-Quastler,PhD,AICP
Director of Engineering Services Director of Planning Services
DATE: DATE:
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- RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY
ORDERING THE RECORDATION OF A NOTICE OF VIOLATION ON
A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER IN SECTION 6, TOWNSHIP 14 SOUTH, RANGE 1 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY
COUNTY OF SAN DIEGO, APN: 321-031-05
WHEREAS, the City Council, in order to serve notice to the public of the
violation committed under the provisions of the City Grading OrdiRaACe, and under
the Federal Endangered Species Act, desires to record a Notice .f Violation in
the Office of the County Recorder of San Diego; and
WHEREAS, commencing on or about Hay 6, 1995, the property owner cleared the
subject lot of all vegetation without obtaining the necessary City of Poway
grubbing and clearing penait; and
WHEREAS, as IUch as three acres of the area cleared had contained high
quality coastal sage scrub, for which clearing, a federal and state penlit are
required, as well as appropriate .itigation offered, neither of which were
obtained or given; and
WHEREAS, the property owner previously gave evidence of his awareness of
the proper procedure to obtain required penaits, and who demonstrated an intent
to clear the property notwithstanding the requirements contained in both local,
state and federal law;
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: fnvironmental Findinas:
The subject action is UllIIpt under the provisions of the California
EnvirollllMlntal Quality Act, Class 8, Action of Regulatory Agencies for
Protection of Natural Resources and Class 21, EnforcllllM!nt Act ions by
Regulatory Agencies.
Section 2: Find1nas:
1. The City Council finds that recordation of the Notice of Violation
is warranted to serve notice to the public, as well as State and
Federal regulatory agencies, of the violation committed.
2. The City could expunge the Notice of Violation fro. the record if
all of the following items are accomplished:
A. A grading penait is obtained through the proper review process
with the City Engineering Services Departllent, and all
remedial work is completed to the satisfaction of the Director
of Engineering Services.
B. An in-lieu deposit in the amount of $10,000 per acre of
coastal sage scrub which was removed is paid, in .itigation
for the loss of high quality habitat.
ITEM 12 .
ATTACHMENT C JUll1 1995
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Resolution No.
Page 2
C. The State Department of Fish and Game and the U.S. Fish and
Wildlife Service deem the proposed mitigation to be adequate.
Section 3: Citv Council Action:
The City Council hereby adopts the resolution ordering the recordation of
a Notice of Violation on the subject parcel and directs the City Clerk to
record the Notice of Violation in the Office of the San Diego County
Recorder.
APPROVED AND ADOPTED by the City Council of the City of Poway, State of
California, this 11th day of July, 1995.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) 5S.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregaing Resolution, No.
, was duly adopted by the City Council at a meeting of said City Council
held on the day of , 1995, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Marjorie K. Wahlsten, City Clerk
City of Poway
JUL 11 1995 ITEM 12 I
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ATTACHMENT D
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!" '. "....~ RECEIVED
TO: Honorable Mayor and Members of the City Council
FROM: F. Douglas Troxler ~ . JUL (' - 1995
CITY OF POWAY
DATE: July 7, 1995 CITY CLERK'S OFFiCe
SUBJECT: Item 12, City Council Agenda, July II, 1995. Recordation ofa Notice of
Violation for illegal clearing of Coastal Sage Scrub on property located on
Orchard View Lane, accessed by way of Golden Sunset Lane from Espola
Road, F. Douglas Troxler, Trustee. (704-02)
I am requesting a continuance ofItem 12 on City Council Agenda, July II, 1995, to allow
time to prepare a written explanation of the issue.
Due to being out ofto\W for the long holiday weekend, I received the Agenda Report
Snmm.ry for this action on 5 July 1995. After reviewing the report, I found it contains
errors and misrepresents a number of facts. I require a reasonable amount of time to
compile a response that corrects the errors and identifies facts pertinent to the issue.
I recommend any action to file a Notice of Violation be continued until the Mayor and
Members of the City Council have an opportunity to be made aware of accurately stated
facts and circumstances surrounding this issue. Therefore, I will have a written response
prepared and submitted to the City of Po way by 1 August 1995.
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