Item 13 - Hillside/Ridgeline MDR 91-67 Anton Simson
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(( AGENDA REPORT -
CITY OF POW A Y
REVISED
TO: Honorable Mayor and Members of the City Council
FROM: James l. Bowersox, City Ma~
INITIATED BY: John D. Fitch, Assistant City Manager~l1r ~~
Reba Wright-Quastler, Director of Plan ing Service
Carol Rosas, Assistant Planner II
DATE: August 15, 1995
MANDATORY
ACTION DATE: September 18, 1995
SUBJECT: Hillside/Ridaeline Minor Develooment Review 91-67. Anton
Simson. Aool icant: A request to develop a 920 foot long
residential driveway which will be accessed from Gate Drive
near the Calle Seco intersection. The affected properties are
located within the Rural Residential C zone.
APN: 323-290-12 and 323-480-23
FINDINGS
Inadvertently it was reported in the original project agenda report, dated August
15, 1995, that the subject properties, Assessor Parcel Number (APN) 323-290-12
and 323-480-23 are not located within a voluntary proposed Habitat Conservation
Area or Proposed Resource Protection Area (PRPA) within the City. Assessor
Parcel Number 323-290-12 and the open space easement portion of APN 323-480-23
are located within a Proposed Resource Protection Area. The proposed driveway
will impact 0.74 acres of coastal sage habitat. The applicant has assessed that
the future development of a single family home on APN 323-290-12 will result in
the disturbance of approximately 1.1 acres of habitat. The total disturbance
that could result from the development of the driveway and a future residence is
1.84 acres. The City's voluntary proposed Habitat Conservation Plan limits the
amount of habi tat di sturbance per 1 egal lot to 2 acres wi th i n the rural
residential zones. The project therefore complies with the voluntary proposed
Habitat Conservation Plan.
ACTION:
Il
1 cf 2 AUG 1 5 1995 ITEM 13
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Agenda Report
August 15, 1995
Page 2
ENVIRONMENTAL REVIEW
This project is not subject to the California Environmental Quality Act in that
it Qual Hi es for a Categorically Exemption Class 3 which allows grading
associated with the development of a single family home. By local ordinance the
areas that will be disturbed in the grading process which contain Coastal Sage
Scrub will be mitigated through on-site dedication of equal or better quality
habitat at a 1:1 ratio.
RECOMMENDATION
Recommendation remains the same.
JLB:JDF:RWQ:CMR:JDF:kls
E:\CITY\PLANNING\REPORT\MDRA9167.AG2
AUG 15 1995 ITEM 13 I
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AGENDA REPORT SUMMARY
- TO: Honorable Mayor and Members of the City Council
FROM: James l. Bowersox, City Man~ ,^
INITIATED BY: John D. Fitch, Assistant City Manager~,t ~~
Reba Wright-Quastler, Director of Plan ing Services
DATE: August 15, 1995
SUBJECT: Hillside/Ridgeline Minor Development Review 91-67, Anton Simson, Applicant
ABSTRACT
A request to develop a 920 foot long residential driveway which will be accessed from
Gate Drive near the Calle Seco intersection. The affected properties are located
within the Rural Residential C zone.
ENVIRONMENTAL REVIEW
This project is categorically exempt Class 3 from the California Environmental Quality
Act.
- FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice was mailed to 9 immediately adjacent property owners.
RECOMMENDATION
It is recommended that the City Council approve Minor Development ~view 91-67 with
Driveway Design No.1 subject to the conditions contained in the attached proposed
resolution.
ACTION
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1 of 12 AUG 1 5 1995 ITEM 13
~ AGENDA REPOR"l
CITY OF POW A Y
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council. staff or public request it to be removed from the Consent Calendar and
discussed separately. If you wish to have this report pulled for discussion, please fill out a slip Indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor and Members of the City Council
FROM: James l. Bowersox, City Ma~ .,~
INITIATED BY: John D. Fitch, Assistant City Manager l' \ J-
Reba Wright-Quastler, Director of Planning Services ~
Carol Rosas, Assistant Planner II
DATE: August 15, 1995
MANDATORY
ACTION DATE: September 18, 1995
SUBJECT: Hillside/Ridaeline Minor DeveloDment Review 91-67. Anton
Simson. ADolicant: A request to develop a 920 foot long
residential driveway which will be accessed from Gate Drive
near the Calle Seco intersection. The affected properties are
located within the Rural Residential C zone.
APN: 323-290-12 and 323-480-23
BACKGROUND
The applicant is requesting approval to develop a driveway which will encroach
into a dedicated open space easement on a lot located within los Lomas Estates
located at the southerly end of Gate Drive. The title sheet of Final Map No.
11236 for los Lomas Estates states that no grading or excavation shall occur
within the open space easement without written permission first being obtained
from the City of Poway. The property involved is also located within the
Hillside/Ridgeline Review area, which requires City Counc i 1 approval of
development.
FINDINGS
Proiect Historv
The applicant originally submitted a minor development review application on the
property in December 1991 for approval to construct a single family residence on
the 5.6 acre hillside property located at the easterly end of the proposed 920
foot long driveway. The application for the house remained inactive for more
than two years. In March 1994, Mr. Simson began to move forward with the
ACTION: l
)
2 of 12 AUG 1 5 1995 ITEM 13 ,114
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Agenda Report
-- August 15, 1995
Page 2
application and provided biological and geotechnical reports on the property and
the project impacts. The biological report determined that the development of the
driveway and residence would impact coastal sage scrub. Between September 1994
to Apri 1 1995 the appl icant negotiated with representatives from the U.S.
Department of Fish and Wildlife, the California Department of Fish and Game and
staff on project biological impacts and an acceptable mitigation plan. A
consensus on an acceptable mitigation plan was not reached, so in May 1995 the
applicant revised the project to involve development of the driveway only. The
purpose for developing the driveway is to provide access to three vacant lots
having hilltop views, owned by Mr. and Mrs. Simson (sole owner of two of the
lots).
Drivewav Onlv Proiect
Several constraints exist on the subject properties. Because of the constraints,
six different driveway designs were considered for the project (See Attachments
C and D ). The constraints impacting the driveway designs include:
1. Biological - sensitive habitats consisting of coastal sage scrub, and
San Diego Barrel Cactus cover the subject properties,
2. Geotechnical - fri ars format i on which is a soil type prone for
landslides exists along the base of the hill that occup i es the
.- subject site,
3. Aesthetics - Development of a hillside driveway will be highly
visible,
4. Encroachment into a open space easement,
5. Lega 1 access- several of the driveway options considered are not
acquired, legal easements. The various dri veway opt ions have
different constraints and impacts associated with each design which
make some options more preferred than others See Attachment E ).
The applicant prefers Driveway Design No.1 for several reasons including that
it is a legal access, it is the shortest length and would disturb the least
amount of coastal sage scrub, and the design is the least costly. Ideally, staff
prefers Design No. 6 which is accessed from Welton Lane. The key problem
associated with this design is that the applicant does not have a legal easement.
Staff finds Driveway Design No. 1 to be an acceptable alternate because, while
the driveway does encroach into an existing open space easement, it has been
sited in an area that was previously developed with a dirt road. Therefore the
impacts associated with the development of the proposed driveway will be
minimized. Staff recommends approval of Driveway Design No. 1 provided that
adequate biological mitigation is provided to offset the driveway impacts to
coastal sage scrub and encroachment into the open space easement.
The subject properties are not located within the proposed Habitat Conservation
Pl an areas. A biological study prepared on the subject lots reported that
coastal sage scrub, non-native grasses and San Diego Barrel Cactus exists on the
site (See Attachment F). The study also revealed the presence of gnatcatchers
in the area where the applicant ultimately proposes to construct a residence.
Grading for the proposed driveway (Design No.1) will result in the removal of
approximately 0.74 acres of natural vegetation. The impacted vegetation consists
of a small area of disturbed habitat and the remaining vegetation is coastal sage
scrub.
3 of 12 AUG 1 5 1995 ITEM 13 ...
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Agenda Report
August 15, 1995
Page 3
local regulations require that the impacted 0.74 acres of coastal sage scrub be
replaced at minimum, a 1:1 ratio. The app 1 i cant proposes to mit i gate the
encroachment into the open space easement and the removed coastal sage scrub
through dedi cat i on of an open space easement over a port i on of the site
containing coastal sage scrub (See Attachment F ). While the proposed open space
easement area is surrounded by coastal sage scrub, it is isolated open space and
not connected to other existing open space in the area. The goal is as other
adjacent properties containing prime natural habitat develop, an open space
1 i nkage can be establ ished through future open space ded i cat i on on those
properties.
Develooment Facilities
Development of Driveway Design No. 1 may result in the developer having to pay
a pro rata share toward the reimbursement agreement for improvements to Gate
Drive associated with Final Map No. 11236 (Los lomas Estates).
ENVIRONMENTAL REVIEW
This project is categorically exempt Class 3 from the California Environmental
Quality Act in that it is grading associated with the development of a single
family home. By local ordinance the areas that will be disturbed in the grading
process which contain Coastal Sage Scrub will be mitigated through on-site
dedication of equal or better Quality habitat at a 1:1 ratio.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice was mailed to 9 immediately adjacent property owners.
RECOMMENDATION
It is recommended that the City Council approve Minor Development Review 91-67
with Driveway Design No.1 subject to the conditions contained in the attached
proposed resolution.
JLB:RWQ:CMR:JDF:kls
Attachments:
A. Proposed Resolution
B. Zoning and location Map
C. Alternate Driveway Alignments
D. Alternate Driveway Alignments
E. Comparison of Alignments
F. Biological Map w/Proposed Open Space Esmt.
AUG 1 5 1995 ITEM 13 ..I
4 of 12
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RESOLUTION NO. P-
- A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT 91-67 (HIllSIDE{RIDGELINE)
ASSESSOR'S PARCEL NUMBER 323-290-12 and 323-480-23
IIHEREAS, Minor Development Review 91-67 (Hillside/Ridgeline), submitted by
Anton Simson, appl icant, requests approval to develop a 920 foot long residential
driveway which will be accessed frolll Gate Drive near the Calle Seco intersection.
The subject properties are located within the Rural Residential Clone.
WHEREAS, on August 15, 1995 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, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
The City Council finds that Minor Development Review 91-67 (Hillside{Ridgeline)
is exempt frolll the provisions of the California Environmental Qual ity Act,
Categorical Exemption Class 3, as the project is grading associated with the
development of a single-family home.
By local ordinance, the areas disturbed in the grading process which contain
Coastal Sage Scrub habitat are to be mitigated through on-site dedication of
-. equal or better quality habitat, at a 1:1 ratio.
Section 2: Findinas:
1. The proposed project is consistent with the general plan in that it is
grading associated with the development of a single-family residence on a
site which is designated for residential use.
2. That the proposed development will not have an adverse aesthetic, health,
safety or architecturally related impact upon adjoining properties, in
that the grading has been sited over an access road to minimize the amount
of necessary grading. A planting plan will provide for full revegetation
of all visible slopes.
3. That the proposed development is in compliance with the Zoning and Grading
Ordinances, in that it complies with the property development standards of
the Rural Residential Clone.
4. That the proposed development encourages the orderly and harmonious
appearance of structures and property within the City, in that the
surrounding properties consist of large rural residential lots with widely
spaced hillside homesites.
Section 3: Citv Council Decision:
The City Counc 11 hereby approves Minor Development Review 91-67
- (Hillside{Ridgeline) subject to the following conditions:
Within 30 days of approval the app 1 i cant shall submi tin writ i ng that all
conditions of approval have been read and understood
5 of 12 ~UG 1 5 1995 ITEM 13 .4
Resolution No. P-
Page 2
COMPLIANCE IIITH THE FOllOIIING CONDITIONS IS REQUIRED. COMPLIANCE SHAll BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. A revised grading plan incorporating all conditions of approval shall be
submitted to the Planning Services Department prior to issuance of grading
permits.
3. Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of grading permit issuance.
4. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of grading permit issuance.
S. Approximately 0.74 acres of coastal sage scrub will be removed with the
project. The applicant shall mitigate the removed coastal sage scrub at
a minimum 1:1 ratio prior to grading permit issuance. The mitigation can
be accomplished through approved on-site open space dedication to the City
of Poway, payment of a mitigation in-lieu fee or approved off-site open
space dedication of coastal sage habitat to the City of Poway.
6. Grading and clearing operations within areas containing coastal sage scrub
shall not occur between the months of February and August due to that
period being the nesting season for the California Gnatcatcher.
7. The subject properties are located within the Hillside/Ridgeline Review
Area. Future grading of the subject lots shall require City Council
approval.
8. The grading and disturbance of the site shall be restricted to the areas
designated within the limits of grading on the final approved grading
plan.
9. The exposed graded slopes shall be hydroseeded with a coastal sage scrub
mix. The applicant shall submit a planting and irrigation plan to the
Planning Services Department for review and approval prior to issuance of
grading permit.
10. The proposed 16 - 20 foot wide driveway may not provide legal access for
more than two legal lots, except the access is widened and designed to
meet private rural road standards.
11. This approval shall become null and void if a grading permit is not issued
for this project by August 15, 1997.
6 of 12 AUG 1 5 1995 ITEM 13 01
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Resolution No. P-
- Page 3
COMPLIANCE IIITH THE FOllOIIING CONDITIONS IS REQUIRED. COMPLIANCE SHAll BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1. A grading plan for the driveway shall be submitted to the Engineering
Services Department for review and approval prior to issuance of the
grading permit and start of grading operation.
2. A right-of-way permit shall be obtained from the City's Engineering
Services Department for any work to be done within the publ ic street
right-of-way or any City-held easement.
COMPLIANCE WITH THE FOllOWING CotIlITIONS IS REQUIRED. COMPLIANCE SHAll BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. The driveway shall be designed to comply emergency vehicle access
standards.
2. Deadend access roadways in excess of 150 feet long shall be provided with
approved provisions for the turning around of Fire Department apparatus.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 15th day of August 1995.
-
Don Higginson, Mayor
ATTEST:
Marjorie K. lIahlsten, City Clerk
STATE OF CALIFORNIA )
) SS.
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 foregoing 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. lIahlsten, City Clerk
City of Poway
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ZONING AND
rl"\:\ TITLE: LOCATION MAP
Y SCALE: NONE ATTACHMENT: B
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lEGEND
tZJ SAN DIEGO BARREL CACTUS -.... Q
COASTAL SAGE SCRUB
NON NATIVE GRASSLAND 6. CALIFORNIA GNATCATCHER PAIR #1 -....
GRASSHOPPER SPARROW WITH FOUR (4) FLEDGLINGS
RUFOUS-CROWNED SPARROW CALIFORNIA GNATCATCHER PAIR #2 -.... 0 100 I
... WITH TWO (2) FLEDGLINGS , ,
COOPER'S HAWK ____ .X: FEET
.. '-I --.. ,~ , ---- . , -
FIG U R
OGDEN Simson Property Near Gate Drive 1
Poway. California
. . . . .
12 of 12 ATTACHMENT F AUG 1 5 1995 ITEM 13
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