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Item 1 - MDR 04-125 Brower LIMITED DISTRIBUTION May 3, 2005 CITY OF POWA Y AGENDA REPORT TO: FROM: INITIATED BY: DATE: SUBJECT: BACKGROUND ADDITIONAL MATERIAL Honorable Mayor and Members of the City Council James L. Bowersox, City Manager~ Niall Fritz, Director of Development servicesAf" Patti Brindle, City Planner fV Javid Siminou, City Engineer ~ Kenneth Quon, Senior Civil Engineer Mark Westover, Associate Engineer May 3, 2005 Minor Development Review 04-125 Appeal: Mr. Richard Brower, Appellant. An appeal by the property owner of the conditions of approval requiring a grading permit and dedication of a pUblic water easement for construction of a 1,1 OO-square-foot detached guest house at an existing single-family residence. The subject 1.3-acre property is located in the RR-C zone and addressed as 14924 Huntington Gate Drive. APN: 321-410-12 In reviewing the recommended Resolution for this item, staff noted that the findings in the staff report were not reflected in the resolution. Staff is recommending that Section 3, A.1. be amended to read as follows: The project will place a public easement over an existing access roadway that contains a public water line and fire hydrant that were installed several years ago as part of the subdivision improvements for the subject site and surrounding properties. Granting of this easement will not materially change the previously installed improvements, and will assure that the public water line and fire hydrant will continue to provide fire protection services with enhanced water pressure to the area without interruption. DeElicatien of this easemeAt '!.'i11 proteot the publio Realth and safety by olarifyiAg the origiAal inteAt tRat a publio water IiAe aAEI fire Rydrant be looated witRiA a r-eEerved public easement. m:lplanningl05reportlappeallmdra 04-125 brower appealladdtl mat.doc 1 of 1 May 3, 2005 Item # AGENDA REPORT SUMMARY TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Manager~ INITIATED BY: Niall Fritz, Director of Development servicesY' DATE: May 3,2005 SUBJECT: Minor Development Review 04-125 Appeal: Mr. Richard Brower Applicant. APN: 321-410-12. ABSTRACT This is an appeal of Minor Development Review Application 04-125 (MDRA 04-125). The property owner is appealing the conditions of approval requiring a grading permit and dedication of a public water easement for construction of a 1,1 OO-square-foot detached guest house at an existing single- family residence. The subject property is located within the Rural Residential C (RR-C) zone and addressed as 14924 Huntington Gate Drive. ENVIRONMENTAL REVIEW The proposed project is Categorically Exempt as a Class 5 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines, in that the project involves a minor alteration in land use limitations on a developed residential property. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE A public notice was mailed to the property owner. RECOMMENDATION It is recommended that the City Council deny the appeal and approve the Minor Development Review Application 04-125, subject to the conditions contained in the attached proposed Resolution. ACTION m:\planning\05report\l\ppeaMppeal Brower\sum.doc 1 of 24 May 3, 2005 Item # ~ CITY OF POWA Y AGENDA REPORT TO: FROM: Honorable Mayor and Members of the City Council James L. Bowersox, City Manage~ Niall Fritz, Director of Development Services p- Patti Brindle, City Planner (1<j- ..tS Javid Siminou, City Engineer 0 Kenneth Quon, Senior Civil Engineer ((t.lL Mark Westover, Associate Engineer INITIATED BY: DATE: May 3, 2005 SUBJECT: Minor Development Review 04-125 Appeal: Mr. Richard Brower, Appellant. An appeal by the property owner of the conditions of approval requiring a grading permit and dedication of a public water easement for construction of a 1,1 OO-square-foot detached guest house at an existing single-family residence. The subject 1.3-acre property is located in the RR-C zone and addressed as 14924 Huntington Gate Drive. APN: 321-410-12 BACKGROUND The applicant, Mr. Richard Brower, filed a Minor Development Review Application, MDRA 04-125, to construct a 1,100 square-foot detached guest house at an existing single-family residence on a 1.3 acre parcel. The subject parcel is located at 14924 Huntington Gate Drive (Attachment 2). MDRA 04-125 was approved on January 31,2005 (Attachments 3 and 4). On April 6, 2005, the applicant formally filed an appeal of four conditions of approval (Attachment 5). Every development approval is afforded two types of appeals. The first type is the 10-day appeal of any decision issued by staff. If an applicant disagrees with any condition imposed by a staff approval, there is a 1 O-day window in which to file an appeal for hearing before the City Council. In this instance, the staff approval for MDRA 04-125 was issued on January 31, 2005 and the 10-day appeal period expired on February 9,2005. The applicant did not file an appeal under this provision. The second type of appeal is found in Section 66020 of the State Government Code and allows an applicant to appeal the imposition of development impact fees, dedications, or other exactions on a development project within 90 days of the approval. The applicant has filed his appeal under this provision. The 90-day appeal period under this provision expires on May 9, 2005. 2 of 24 May 3, 2005 Item # Agenda Report May 3, 2005 Page 2 The applicant is appealing the following conditions that are contained in Attachment 3. Conditions B(1), B(7) and B(8) pertain to the requirement to obtain a Grading Permit and payment of applicable fees for processing the application and the submittal of grading securities to ensure the work is completed per the approved plan. The payment of the fee and the obligation to obtain a permit are not subject to appeal under Government Code Section 66020. Therefore, the only condition under consideration is B(10), which would require the applicant to dedicate a public easement for an existing water main and fire hydrant along the frontage of the subject parcel. FINDINGS The following is a summary of the concerns raised in the appeal and staff response. Staff is recommending that the requirements under all four conditions be retained. 1. Concern: Conditions B(1), B(7) and B(8) "relate to the issuance of a Grading Permit and require a grading plan, grading securities, and payment of applicable fees to the City. Because this construction project will not require movement of more than 50 yards of dirt, the conditions imposed by the City of Poway are excessive and not required to "protect the pubic health, safety, and welfare."" Response: As noted above, the requirement for a grading permit, payment of an application fee and payment of grading securities are not exactions and therefore are not subject to appeal under Government Code Section. The applicant should have filed his objection to this requirement within the 10 day appeal period after Staff issued the approval letter. If the applicant wishes to pursue eliminating this condition from his original approval, he would have to process a modification to the MDRA approval. However, as discussed below, a grading permit is clearly required in this instance, so it is unlikely that his request for modification would be granted. Poway Municipal Code Section 16.42.010 sets forth several circumstances where the movement of dirt or the creation of cut slopes would be exempt from a grading permit. This application could potentially qualify under the following two exemptions: . An excavation less than two feet in vertical depth which does not create a cut slope greater than two feet in vertical height and steeper than two horizontal to one vertical (2:1) which does not exceed 50 cubic yard on anyone site and does not adversely affect the stability of any existing slopes or alter drainage conditions; . A fill less than one foot in depth, placed on natural grade with a slope flatter than five horizontal to one vertical (5:1), which does not exceed 50 cubic yards on anyone lot and does not obstruct a drainage course. 3of24 May 3, 2005 Item # Agenda Report May 3, 2005 Page 3 However, the plans provided with the MDRA indicate that more than 50 cubic yards of dirt will be moved in order to create a building pad for the guest house. The grading will include embankments of up to 5 feet, excavations into an existing slope that will range from 1 to 6 feet, and construction of retaining walls. Both the quantity of dirt and the dimensions of the excavations and embankments proposed for this project exceed the exceptions listed above. Therefore, a City Grading Permit is required. A Grading Permit is intended to protect the safety of the public. The grading of the site will create the physical support for the building, and the grading must be done properly to ensure that the site is stable for the long term. 2. Concern: Condition B(10) "requires dedication of a portion of my property to the City for a public water easement. This condition is completely unrelated to the guest house construction proposal. If the City wishes to exercise its eminent domain powers to acquire this property, then it needs to demonstrate a compelling reason for doing so and compensate me for the fair market value of this property. I have had this property appraised and am happy to discuss dedication of this property to the City for a public water easement, but I object to his being a condition of MDRA 04-125." Response: The applicant's property includes an access roadway that contains a public water line and fire hydrant, which were installed several years ago as part of the subdivision improvements (Attachment 6). Although the preliminary title report for the property recognizes the reservation for utilities, the recorded subdivision map does not clearly denote that a dedication was executed. The language of the public easement on the subdivision map reads: "Easement for private road, maintenance, utility, pedestrian and vehicular purposes reserved hereon." The recommended condition for MDRA 04-125 to dedicate a public water easement will clarify that an easement is granted. An easement dedication is to be in reasonable proportion to a project. For this project, dedication of the easement is not an excessive burden as the value of the guest house is far greater than the value of the easement. Additionally, there is no burden on the property as the public water line and fire hydrant have been in place within the access roadway for several years, and have not denied full enjoyment of the property. Granting of this easement will not materially change the previously installed improvements, and will assure that the public water line and fire hydrant will continue to provide safety services to this area without interruption. 4of24 May 3, 2005 Item # Agenda Report May 3, 2005 Page 4 FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE A public notice was mailed to the property owner. RECOMMENDATION It is recommended that the City Council deny the appeal and approve Minor Development Review 04-125, subject to the conditions contained in the attached proposed Resolution. Attachments: 1. Proposed Resolution 2. Vicinity Map 3. MDRA 04-125 Letter of Approval 4. Site Plan 5. Appeal Letter dated April 6, 2005 6. Location of proposed dedication and future water connection m :lplanningl05reportlappeallmdra 04-125 brower appeallagn.doc 5of24 May 3, 2005 Item #_ RESOLUTION NO. P- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA DENYING THE APPEAL AND APPROVING MINOR DEVELOPMENT REVIEW 04-125 ASSESSOR'S PARCEL NUMBER 321-410-12 WHEREAS, the conditions of approval for MDRA 04-125, was appealed by Mr. Richard Brower, appellant pursuant to Government Code Section 66020 of the State Government Code. The Minor Development Review application is a request to construct a 1,100-square-foot, single-story, detached guest house at an existing single-family residence at 14924 Huntington Gate Drive, located within the Rural Residential C (RR-C) zone; and WHEREAS, on May 3, 2005, the City Council considered the merits of the appeal request relative to this application. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: The project, MDRA 04-125, is found to be Categorically Exempt from the provisions of the California Environmental Quality Act pursuant to Section 15301 (e)(1), Class 4, in that the proposed construction is a minor alteration to an existing single-family residence in a residential zone. Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal Code to approve Minor Development Review 04-125, are made as follows: A. That the project is consistent with the General Plan as it proposes the construction of a guest house on property that is designated for rural residential use. 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 guest house is consistent with surrounding development. Therefore, the proposed design, size, and scale of the guest house will be compatible with and will not adversely affect, or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources; and C. The granting of the Minor Development Review would not be materially detrimental to the public health, safety, or welfare since the proposed use will complete improvements as deemed necessary; and D. The approved development encourages the orderly and harmonious appearance of structures and property within the City as the neighboring properties consist of rural residential estate lots with similar types of guest houses. Therefore, the proposed development respects the public concerns for the aesthetics of development; and 6of24 ATTACHMENT 1 May 3, 2005 Item # Resolution No. P- Page 2 E. 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; and F. That the proposed development will comply with each of the applicable provisions of the Zoning Ordinance and the General Plan. G. 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. Section 3: The findings, pursuant to Government Code Section 66020 for the public improvements, are 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 dedication of a public water easement is needed as a result of the proposed development to protect the public health, safety, and welfare as identified below: 1. The project will place a public easement over an existing access roadway that contains a public water line and fire hydrant that were installed several years ago as part of the subdivision improvements for the subject site and surrounding properties. Dedication of this easement will protect the public health and safety by clarifying the original intent that a public water line and fire hydrant be located within a reserved public easement. Section 4: The City Council hereby approves Minor Development Review 04-125, to allow the construction of a 1,1 OO-square-foot, single-story, detached guest house at an existing single-family residence at 14924 Huntington Gate Drive, located within the Rural Residential C (RR-C) zone, subject to the following conditions. A. Approval of this request shall not waive compliance with the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Grading and Building Permit issuance. B. Compliance with the following conditions is required prior to issuance of a Grading Permit: 1. A grading plan for the development of the lot, prepared on a City of Poway standard mylar sheet at a scale of 1"=20', shall be submitted along with a Grading Permit application and the applicable fees to the Development Services Department-Engineering Division for review and approval. A 7 of 24 May 3, 2005 Item # 8of24 Resolution No. P- Page 3 grading plan submittal checklist is available at the Engineering Division front counter. As a minimum, the grading plan shall show the following: a. Tops and toes of graded slopes shall be shown with a minimum five- foot setback from Open Space areas and property lines. The house shall be located at least five feet from tops and toes of slopes, unless waived by the Planning Division andlor Engineering Division prior to issuance of the Grading Permit. b. A separate erosion prevention and sediment control plan for construction activities. This plan shall provide for an onsite de- silting basin with a volume based on 3,600 cubic feet per tributary acre drained. c. Locations of all utility improvements (existing and new), together with their easements. No encroachments are permitted upon any easement. d. All new slopes shall have a maximum 2 to 1 ratio (horizontal to vertical). e. Location of equestrian and pedestrian easement. f. Identify location of creek and top of bank. Show distance from edge of creek to structu re. 2. A drainage study using the 100-year storm frequency criteria shall be submitted with the grading plan. The drainage system 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 include all easements required to properly handle the drainage. Large concentrated flows over the driveway, and into the street shall be avoided. 3. A soils/geological report shall be prepared by an engineer licensed by the State of California to perform such work, and shall be submitted with the grading plan. 4. If construction of this project is to disturb one acre or more, the project owner shall file with the State Regional Water Quality Control Board a Notice of Intent for coverage under the statewide General Permit, which covers storm water discharges. Proof of filing of the NOI and an assigned Waste Discharge Identification Number shall be submitted to the Development Services Department - Engineering Division prior to issuance of the Grading Permit. Applications for the Notice of Intent may be obtained by contacting: May 3, 2005 Item # Resolution No. P- Page 4 California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 (858) 467-2952 5. If construction of this project is to disturb one acre or more, the applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the elimination of non-storm runoff into the storm drain system. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control; a de-silting basin with a capacity of 3,600 cubic feet of storage per acre drained, or designed to remove fine silt for a ten-year, six-hour storm event; a material storage and handling site; measures to protect construction material from being exposed to storm runoff; protection of all storm drain inlets, on-site concrete truck wash and waste control; and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system including a weather triggered action plan. The engineer shall certify the SWPPP prior to issuance of the Grading Permit. 6. The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. 7. 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 $2,000 cash security deposit is required. 8. Show and label, on the grading plan, with appropriate document numbers, all existing easements described in the title report from Chicago Title Company, Policy No. 8864440. No permanent structures shall be built within these easements. 9. The applicant shall attend a pre-construction meeting, at which time they shall present an Action Plan that identifies measures to be implemented during construction to address erosion, sediment, and pollutant control. Compliance for sediment control shall be provided using the following guidelines, as directed by the project inspector: a. Provision of an on-site de-silting basin with a volume based on 3,600 cubic feet per tributary acre drained. b. Covering of all flat areas with an approved mulch. c. Installation of an earthen or gravel bag berm that retains 3 inches of water over all disturbed areas prior to discharge, effectively creating a de-silting basin from the pad. 9 of 24 May 3, 2005 Item # Resolution No. P- Page 5 10. Prior to issuance of a Grading or Building Permit, whichever occurs first, the applicant shall dedicate to the City a 20-foot wide public water easement that spans the entire length of the properties southern boundary. The alignment of the existing waterline shall be the centerline of this easement. The applicant shall submit a legal description and engineered drawing on a Plat Map for this easement. 11. Approval of this request does not authorize use of the trail easement for construction materials and equipment. The applicant shall contact Bob Hahn, Public Works Department-Parks and Trails Maintenance, to determine potential use and restrictions of use 12. The applicant shall be responsible for maintaining access to the trail during construction activity and for restoring the trail to its original condition prior to occupancy. C. Prior to issuance of a building permit, the applicant shall comply with the following: 1. The site shall be developed in accordance with the approved site plans and conditions of approval 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. 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 project plans are to be staked by a licensed surveyor and delineated with lathe and ribbon. 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. 3. Prior to start of any work within City-held easements or right-of-way, a Right- of Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 4. The building plans shall indicate exterior building materials, color, and roof treatment to match the existing structure. 5. School impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 748-0010, ext. 2089. D. The applicant shall comply with the following conditions prior to occupancy: 10 of 24 May 3, 2005 Item # Resolution No. P- Page 6 1. Drainage facilities slope landscaping and protection measures, and utilities, shall be constructed, completed, and inspected by the Engineering Inspector. 2. An adequate drainage system around the new building pads capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 3. The applicant shall repair any and all damages to the streets caused by construction activity from this project, to the satisfaction of the City Engineer. 4. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.1308 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. 5. The maximum height of any fence or wall shall not exceed six feet. 6. All new living quarters shall be equipped with low-flow plumbing fixtures. 7. The exterior color, material, and roof treatment of the guest house shall match the exterior of the existing residence. 8. The property owner shall sign and record a deed covenant which shall state that "In consideration of the approval by the City of Poway, ("CITY" hereinafter) of Minor Development Review Application 04-125 (MDRA 04- 125), involving a detached guest house, The property owner hereby agrees that no portion of the guest house shall ever be rented or leased as a separate unit, and that no kitchen facilities shall ever be installed. D. The following improvements shall be constructed to the satisfaction of the Fire Marshal: 1. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504, UBC Standard 15-2, and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 2. Approved numbers or addresses measuring four to six 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. Address shall be required at the private driveway entrances. 3. Each chimney used in conjunction with any fireplace shall be maintained with a spark arrester. 11 of 24 May 3, 2005 Item #_1_ Resolution No. P- Page 7 4. The access roadway shall be extended to within 150' of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system(s) shall be provided as required and approved by the Fire Marshal. 5. A residential fire sprinkler system with a one-inch meter will be required. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (If a one-inch lateral off the street main is currently not present, one will have to be installed.) Section 5: This Minor Development Review Application 04-125 shall expire on May 3, 2007, 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 6: 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 May 3, 2005. Michael P. Cafagna, Mayor ATTEST: L. Diane Shea, City Clerk 12 of 24 May 3, 2005 Item # Resolution No. P- Page 8 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- , was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of May 2005, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: DISQUALIFIED: L. Diane Shea, City Clerk City of poway m:lplanningl05reportlappeallmdra 04-125 brower appeallreso.doc 13 of 24 May 3, 2005 Item # I IIlllI V/C/;V/TY MAP AlO SCALE teL RJNIENTE ROllO. i / !(:wAy RtJ4p " CCW#L1HITY ~. 14 of 24 ATTACHMENT 2 May 3, 2005 Item # I . . , MICKEY CAFAGNA, Mayor BOB EMERY, Deputy Mayor MERRILEE BOYACK, COlmcilmember DON HIGGINSON, Councilmember BETIY REXFORD, Councilmember \2ITY OF POWAf January 31, 2005 Richard Brower 14924 Huntington Gate Drive Poway, Ca 92064 Subject: Minor Development Review Application (MDRA) 04-125, APN 321-410-12 Dear Mr. Brower: Pursuant to Section 17.52.040 of the Poway Municipal Code, MDRA 04-125, a proposal to construct a 1,1 OO-square-foot, single-story, detached guest house at an existing single-family residence at 14924 Huntington Gate Drive, located within the Rural Residential C (RR-C) zone, is approved subject to the following conditions. This decision becomes effective on Februarv 9. 2005. at 5:00 p.m., unless an appeal is filed pursuant to the Poway Municipal Code. An appeal may be filed in writing prior to the effective date of this decision to the -City Clerk's office accompanied by the $100 appeal-processing fee. Please contact the City Clerk's office at (858) 668-4534 or (858) 668-4400 for further information. Notice is further given that pursuant to Government Code Section 66020(d)(1), the 90- day period to protest the imposition of any fee, dedication, reservation, or other exaction described in this letter begins on the date of this approval and any such protest must be in a manner that complies with Government Code Section 66020. In addition to the appeal requirements pursuant to the Government Code, a written appeal of this decision pursuant to the Poway Municipal Code must also be filed. Environmental Findinas: This project is Categorically Exempt from the provisions of the California Environmental Quality Act pursuant to Section 15301(e)(1), Class 4, in that the proposed construction is a minor alteration to an existing single-family residence il'! a residential zone. Findinas: 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: City Hall Located at 13325 Civic Center Drive M~;I;M Arlrl'~~s: P.O. Box 789, Poway, California 92074-0789 · (858) 668-4400 FAX 668-1205 15 of 24 ATTACHMENT 3 May 3, 2005 Item # I Mr. Brower MDRA 04-125 January 31,2005 Page 2 Conditions of Approval: A. Approval of this request shall not waive compliance with the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Grading and Building Permit issuance. B. Compliance with the following conditions is required prior to issuance of a Grading Permit: 1. A grading plan for the development of the lot, prepared on a City of Poway standard mylar sheet at a scale of 1"=20', shall be submitted along with a Grading Permit application and the applicable fees to the Development Services Department-Engineering Division for review and approval. A grading plan submittal checklist is available at the Engineering Division front counter. As a minimum, the grading plan shall show the following: a. Tops and toes of graded slopes shall be shown with a minimum five-foot setback from Open Space areas and property lines. The house shall be located at least five feet from tops and toes of slopes, unless waived by the Planning Division and/or Engineering Division prior to issuance of the Grading Permit. b. A separate erosion prevention and sediment control plan for construction activities. This plan shall provide for an onsite de- silting basin with a volume based on 3,600 cubic feet per tributary acre drained. c. Locations of all utility improvements (existing and new), together with their easements. No encroachments are permitted upon any easement. d. All new slopes shall have a maximum 2 to 1 ratio (horizontal to vertical). e. Location of equestrian and pedestrian easement. f. Identify location of creek and top of bank. Show distance from edge of creek to structure. 2. A drainage study using the 100-year storm frequency criteria shall be submitted with the grading plan. The drainage system 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 include all easements required to properly handle the drainage. Large concentrated flows over the driveway, and into the street shall be avoided. 16 of 24 May 3, 2005 Item # Mr. Brower MORA 04-125 January 31, 2005 Page 3 3. A soils/geological report shall be prepared by an engineer licensed by the State of California to perform such work, and shall be submitted with the grading plan. 4. If construction of this project is to disturb one acre or more, the project owner shall file with the State Regional Water Quality Control Board a Notice of Intent for coverage under the statewide General Permit, which covers storm water discharges. Proof of filing of the NOI and an assigned Waste Discharge Identification Number shall be submitted to the Development Services Department - Engineering Division prior to issuance of the Grading Permit. Applications for the Notice of Intent may be obtained by contacting: California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 (858) 467-2952 5. If construction of this project is to disturb one acre or more, the applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the elimination of non-storm runoff into the storm drain system. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control; a de-silting basin with a capacity of 3,600 cubic feet of storage per acre drained, or designed to remove fine silt for a ten-year, six-hour storm event; a material storage and handling site; measures to protect construction material from being exposed to storm runoff; protection of all storm drain inlets, on-site concrete truck wash and waste control; and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system including a weather triggered action plan. The engineer shall certify the SWPPP prior to issuance of the Grading Permit. 6. The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. 7. 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 $2,000 cash security deposit is required. 17 of 24 May 3, 2005 Item # J Mr. Brower MDRA 04-125 January 31,2005 Page 4 8. Show and label, on the grading plan, with appropriate document numbers, all existing easements described in the title report from Chicago Title Company, Policy No. 8864440. No permanent structures shall be built within these easements. 9. The applicant shall attend a pre-construction meeting, at which time they shall present an Action Plan that identifies measures to be implemented during construction to address erosion, sediment, and pollutant control. Compliance for sediment control shall be provided using the following guidelines, as directed by the project inspector: a. Provision of an on-site de-silting basin with a volume based on 3,600 cubic feet per tributary acre drained. b. Covering of all flat areas with an approved mulch. c. Installation of an earthen or gravel bag berm that retains 3 inches of water over all disturbed areas prior to discharge, effectively creating a de-silting basin from the pad. 10. Prior to issuance of a Grading or Building Permit, whichever occurs first, the applicant shall dedicate to the City a 20-foot wide public water easement that spans the entire length of the properties southern boundary. The alignment of the existing waterline shall be the centerline of this easement. The applicant shall submit a legal description and engineered drawing on a Plat Map for this easement. (Planning) 11. Approval of this request, does not authorize use of the trail easement for construction materials and equipment. The applicant shall contact Bob Hahn, Public Works Department-Parks and Trails Maintenance, to determine potential use and re!1,trictions of use. 12. The applicant shall be responsible for maintaining access to the trail during construction activity and for restoring the trail to it's original condition prior to occupancy. C. 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 site plans and conditions of approval contained herein. Grading shall be in accordance with the Uniform Building Code, the City Grading Ordinance, 18 of 24 May 3, 2005 Item # Mr. Brower MDRA 04-125 January 31,2005 Page 5 the approved grading plan, the approved soils report, and grading practices acceptable to the City. 2. 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 project plans are to be staked by a licensed surveyor and delineated with lathe and ribbon. 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. 3. Prior to start of any work within City-held easements or right-of-way, a Right-of Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. (Planning) 4. The building plans shall indicate exterior building materials, color, and roof treatment to match the existing structure.-- - 5. School impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 748-0010, ext. 2089. D. The applicant shall comply with the following conditions prior to occupancy: ( Engineering) 1. Drainage facilities, slope landscaping and protection measures, and utilities, shall be constructed, completed, and inspected by the Engineering Inspector. 2. An adequate drainage system around the new building pads capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 3. The applicant shall repair any and all damages to the streets caused by construction activity from this project, to the satisfaction of the City Engineer. 4. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 19 of 24 May 3, 2005 Item # I ,. Mr. Brower MDRA 04-125 January 31, 2005 Page 6 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. (Planning) 5. The maximum height of any fence or wall shall not exceed six feet. 6. All new living quarters shall be equipped with low-flow plumbing fixtures. 7. The exterior color, material, and roof treatment of the guest house shall match the exterior of the existing residence. 8. The property owner shall sign and record a deed covenant which shall state that "In consideration of the approval by the City of Poway, ("CITY" hereinafter) of Minor Development Review Application 04-125 (MORA 04- 125), involving a detached guest house, OWNER hereby agrees that no portion of the guest house shall ever be rented or leased as a separate unit, and that no kitchen facilities shall ever De installed. D. The following improvements shall be constructed to the satisfaction of the Fire Chief: 4. 20 of 24 1. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504, UBC Standard 15-2, and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 2. Approved numbers or addresses measuring four to six 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. Address shall be required at the private driveway entrances. 3. Each chimney used in conjunction with any fireplace shall be maintained with a spark arrester. The access roadway shall be extended to within 150' of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system(s) shall be provided as required and approved by the Fire Chief. May 3, 2005 Item # . . Mr. Brower MORA 04-125 January 31,2005 Page 7 5. A residential fire sprinkler system with a one-inch meter will be required. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (If a one-inch lateral off the street main is currently not present, one will have to be installed.) E. This Minor Development Review Application 04-125 shall expire on February 9, 2007, 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. As part of our on-going effort to improve service and customer satisfaction, enclosed is a Minor Development Review Application Comment Card and return envelope. Please take a moment to fill out the form. Your thoughts and comments will assist us in improving our services. Thank you in advance for your time. Contact me at (858) 668-4665, should you have any questions. Sincerely, DEVELOPMENT SERVICES ~ Pegg n, AICP Contract Planner cc: Engineering Division, APN File 321-410-12 Safety Service M:lplannlnglpegylmdra2004Imdra04-125 Brower/mdra04-125 Brower.apprl.doc 21 of 24 May 3, 2005 Item # I .".... '11.1. f '1'11 . '. '" '. vs, .,..... 7J5J ;.#' '8'.... . .'. :t \~_!I \t~~tj'-> . \t 1\ \\ \___\-~_-_!'k/~. ~\... .\'> . .-,---- >,'\' --- .'\~ JUI, /' / . .' /' / / /' ,r! ,I~ i. f d -- /h'$'/ .';'.",tIP, :~II --z,^' . '22. of 2('. .. 'COP" 'fl' ATTACHMENT 4. May 3, 2005 item# {) March 27,2005 14924 Huntington Gate Drive Poway, CA 92064 City Clerk City of Po way 13325 Civic Center Drive Poway, CA 92064 RE: MDRA 04-125, APN 321-410-12 Dear Sir or Madam: Pursuant to Government Code Section 66020, this letter is to serve as notice of my intent to protest certain conditions as documented in your approval letter dated January 31 ,2005 for construction of a detached guest house on my property at 14924 Huntington Gate Drive, further described as MORA 04-125. Specifically, I wish to contest the following conditions: () .:. B(I); B(7); B(8) - These conditions relate to the issuance of a Grading Permit and require a grading plan, grading securities, and payment of applicable fees to the City. Because this construction project will not require movement of more than 50 yards of dirt, the conditions imposed by the City of Poway are excessive and not required to "protect the public health, safety, and welfare." +:. B(IO) - This condition requires dedication of a portion of my property to the City for a public water easement. This condition is completely unrelated to the guest house construction project proposal. If the City wishes to exercise its eminent domain powers to acquire this property, then it needs to demonstrate a compelling reason for doing so and compensate me for the fair market value of this property. I have had this property appraised and am happy to discuss dedication of this property to the City for a public water easement, but I object to this being a condition of MORA 04-125. Please let me know if you have any questions regarding the basis for my protest. I look forward to meeting in person to discuss these issues. Sincerely, ~~~ Richard Brower CJ Cc: Gregory Hout, Esq. 23 of 24 ATTACHMENT 5 May 3, 2005 Item # I 24 of 24 UVV A '( UNIT /1 ~\ -TD 12K Al, '.II__-1~YL-_~::~~ ;?r NOO.03'48~W 'T I: , "!/ I -4? q 51 ~ ~ / OF , --", " '/[in N 1"40'SS.E . ~'4' I , ! 4d(/J 512 49 I I #(7, I1It5 C/(J C/7 C/Iff er9 c<!V CI."I eN' CI.".!1 C'a:f -;:: """" t'e~ 60 "E '" ~~ :'", _CJ'~ ,,~ OJ -:eN .. z 61 41 45 ~ b .~ ~ .~.. .I\) oil I L3 0 .~.,':' ~,~, 'Lt.1 -1 ! ~ 46 .~r ~I (j) If) ~j! "<, 12\ := N~~;~ '22"W 308.75- -,' ~ ~ : '-.1l9.le' / IX: S (Q ~ ~f! I;~~ :~ Q, f ~~I ~~Q;']AIL ~ ~ ~3~ ~ !.I ~ Ngi )~/Jf 771/5 Sl/6U M; ~~~ ~ f g: 2 ~ ~'''J~ 43 l\jl~ ~fl; ~~ l\~ ~ g: r'I. z ll:: Q, ~~ ~ltl C7 -? ~ #@_l~'~~_j' ~~ ~ "'- -- I' ce 447t:V' CI5 ,. I C~ ~. . . - GRAQjNG F May 3, 2005 Item # CALIF. COO"u '''lJl:.^ Go'u (. _ .