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Res P-01-45RESOLUTION NO. P- 01-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR DEVELOPMENT REVIEW 00-82 ASSESSOR'S PARCEL NUMBER 278-170-03 WHEREAS, the applicant, Vision Homes, proposes to construct a 4,243-square- foot, single-story residence on the property located at 14038 Lake Poway Road within the Rural Residential C zone; and WHEREAS, on September 4, 2001, the City Council held a duly advertised public hearing to consider the request, relative to this application. NOW, THEREFORE, the City Council does hereby follows: Section 1: Notice is given that, pursuant to G : Code Section 66020(d)(1 ), the 90-day period to protest the imposition of any fee, ded' " :her exaction described in this letter begins on the date of this approval and any such protest must be in a manner that complies with G l Code Section 66020. In addition to the appeal requirements pursuant to the G l Code, a written appeal of this decision pursuant to the Poway Municipal Code must also be filed. Section 2: The project is found to be Categorically Exempt under the p ' ' ~the California E ~ QualityAct pursuant to Sections 15303, Class 3 exemption, as it is the development of a single-family residence. Section 3: Pursuant to the City of Poway Habitat Conservation Plan, a biological survey was prepared for the property for Tentative Tract Map 99-03. Project grading will impact coastal sage scrub habitat. The City finds that, in accordance with the Poway Habitat Conservation Plan, the required findings for approval of the proposed mitigation for the removal of habitat for MDRA 00-82 are as follows: The mitigat' i with and furthers the implementing objectives of the Poway Habitat C Plan in that the developer has completed mitigation for the removal of 1.16 acres of habitat at a 2:1 ratio through off- site dedication of comparable undisturbed and unencumbered habitat. The preservation of habitat off-site and within the Mitigation Area of the Poway HCP will contribute toward a buffer to protect Resource Protection Area 11 of the Rattlesnake Canyon C lands of the Poway HCP. Therefore the dedication will serve to enhance the long-term viability and function of the preserve system, The mitigation will be to the long-term benefit of the covered species and their habitats in that the dedication of a biological conservation easement Resolution No. P- 01-45 Page 2 over undisturbed habitat within the Mitigation Area of the Poway HCP will p ' 3ful addition to the assembly of a viable regional system of int J natural habitat habitat linkages, buffers and wildlife corridors. The mitigation shall foster th impl :the Poway HCP in an effective and efficient that any off. lion area is required to be within an identified Mitigation Area within the City. The mitigation will not result in a negative fiscal impact with regard to the I implementation of the Poway HCP because no City funding will be required for the mitigation effort. Section 4: The finding lance with Section 17.52 of the Poway Municipal Code for Minor Development Review 00-82, are made as follows: That the approved project' :with the General Plan as it proposes th : a single-family residence on property that is designated for rural residential use. Therefore, the proposed use respects the interdependence of land :1 aesthetics to the benefit of the City. That the approved project will not have an aC ~.hetic, health, safety, or architecturally related impact upon adjoining properties as the residence has been designed to b l with residential development in the area. That the project does not detract from the maintenance of the public health, safety and general welfare, and property throughout the City. That the approved development encourages the orderly and h appearance of structures and property within the City as the neighboring proper1' : of rural residential estate lots with similarly spaced home sites. Therefore, the proposed development respects the publ for the aesthetics of developments. The proposal does not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, orthe City in general in that the residence has been designed to conform with City development standards and has been sited to minimize the amount of required grading while optimizing separation and buffering from other development in the area. The proposed development will comply with all of the provisions of the Zoning Ord :1 the General Plan. Resolution No. P- 0].-45 Page 3 Section 5: The findings, pursuant to G t Code Section 66020 for the public improvements and development fees needed as a result of the proposed development to protect the public health, safety and welfare, are made as follows: The design and improvements of the proposed development with all elements of the Poway General Plan, as well as City ordinances, because all necessary services and facilities will be available to serve this project. Th ' :public imp ~ed as a result of the proposed development to protect the public health, safety and welfare as identified below: Th of traffic mitigation, water, and park fees is required in order to mitigate the impact of one new home on the use of public facilities; namely, publicly maintained streets, water systems, and park space. Th ~ affordable housing in-lieu fees is required in order to provide funds to allow the of the City's fair share of affordable housing for the region. The of recreational trail improvements along the Lake Poway Road frontage is required in order to provide a linkage in the community trail system that exists in the area and provide an alternative mode of transportation and reduction of the reliance on single occupancy vehicles. Section 6: The City Council hereby approves Minor Development Review 00-82, a request t : a 4,243-square-foot, single-story residence on the property located at 14036 Lake Poway Road pursuant to the plans dated July 16, 2001 (building plans and conceptual grading plan), subject to the following conditions: Within 30 days of approval, the applicant shall submit in writing that all conditions of approval have been read and understood. The applicant shall comply with the following conditions prior to grading permit issuance: A grading plan shall be prepared on City of Poway standard 3mm, 24" x 36" mylar, with a scale of 1"=20" or larger. The grading plan shall show the following: Driveways, in compliance with the specifications provided in Section 17.08.170D of the Poway Municipal Code, and -- Resolution No. P- 01-45 Page 4 including minimum structural sections together with their elevations and grades. A sep lrol plan for p :sediment run- off during construction. The erosion control plan shall show the installation of gravel bags in lieu of sand bags. All new slopes with a 2:1 (horizontal to vertical) slope. Tops and toes of graded slopes shall be shown with a minimum five-foot setback from open space areas and property lines. Buildings 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 a grading permit. All utilities, together with the appurtenances, and any Encroachments are not permitted upon any easement without an approved encroachment agree- ment/permit. L i all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. Utility boxes greater than 36 inches in height and visible from the public right away shall be sited I ' ' 3ility and screened with landscaping. f. The location of the Fire Management Zones. g. The location of · King of habitat. The location of a required minimum 6-foot-high, solid privacy wall/fence shall be sited on the plan. Chris Herd, the adjacent property owner to the north shall be contacted during the grading plan check process to review the proposed location of the required privacy wall/fence. 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. 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 surf :hin the project Resolution No. P-0:~-45 Page 5 site and all surface water flowing onto the project site from adjacent lands. Said system shall include all :luired to properly handle the drainage. Concentrated fl driveways are not permitted. The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. A Storm Water Pollution Prevention Program (SWPPP) that effectively eliminates runoff into the storm drain system shall be implemented. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control, a material storage sil to protect cons! ~.edal from being exposed I :f, p :all storm d '. : truck wash and lrol, and otb : Best Management Practices to effectively eliminate pollutants from entering the storm drain system. The applicant shall certify the SWPPP prior to the approval of the grading plan and improvement plans. The SWPPP may be incorporated with the erosion control plan, but shall be under separate cover from the grading and improvement plans. Grading securities in the form of a performance bond and a cash deposit, or a letter of credit, shall be posted with the City. Grading or brush clearing activity in coastal sage scrub habitat shall not occur during the period of February 15 through August 15, which is the nesting season for the California Gnatcatcher. Mitigation for the removal of coastal sage scrub habitat shall be completed in compliance with the Poway Subarea Habitat Conservation Plan (PSHCP) prior to issuance of a grading and/or administrative clearing permit. It shall be accomplished by either purchase of off-site comparable habitat within the PSHCP Mitigation Area and recordation of a Biological Conservation Easement to the sat " : the Director of Development Services. The applicant shall comply with the following conditions of approval prior to certification of line and grade of the graded building pad: 1. A minimum 6-foot high, solid privacy wall/fence shall b :1 adjacent to the northerly limits of the building pad. Resolution No. P- 0:[-45 Page 6 The applicant shall comply with the following conditions prior 1' the building permit: The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. Grading shall I: ;lance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. = E lrol, including but not limited to desiltation basins, shall be installed and maintained by the developer throughout the duration of th period. = Rough grading of the lot is to be completed and meet the approval of the City inspector and shall include submittal of the following: a= A certification of line and grade for each lot, prepared by the engineer of work. A final soil compaction report for each lot for review and approval by the City. The building plans shall depict the ext :1 materials to the sal' ' : the Director of Development Services. School impact fees shall be paid at th ' 31ished at the time of building permit issuance. Please contact the Poway Unified School District for additional : (858) 748-0010, ext. 2089. The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the condit' 'J herein. Prior to start of any work within City-held '..'Iht-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 p 8. An affordable housing fee of $4,500 shall be paid to the Planning Division. Resolution No. P- 0].-45 Page 7 The following development fees shall be paid to the Engineering Division. These 1' lly in effect, and are subject to change without notice: Water; Meter Size Cost E **SDCWA Fee 3/4-inch $130 $3,710 $2,004 *l-inch $270 $6,678 $3,206 *If required for fire safety, 3/4" meter fees for Expansion Fee and SDCWA will be applicable. ** To be paid by separate check, payable to San Diego County Water Authority. Sewer: C Cleanout efit $3,356 $50 $25 $500 Traffic Mitigation $990 Park $2,720 Drainage $950 11. All proposed utilities within the project site shall be installed underground. 12. The height of any f I shall not exceed 6 feet. 13. An open space easement shall be recorded on the property establishing a buffer area restricting the development of any The form and content shall be to the satisfaction of the Director of Development Services. Said buffer area is defined as the area between the northerly property line to the limits of grading along the northerly perimeter of the building pad for a distance of approximately 150 feet from the easterly property line as depicted on Attachment H of the project agenda report, dated September 4,2001. The open si: l shall prohibit placement of any structures, accessory structures, including play structures. D. The applicant shall comply with the following conditions prior to occupancy: Driveways, drainage facilities, slope landscaping and protection and utilities, shall be :1, completed, and inspected by the Engineering Inspector. The driveway shall be :1 in accordance with Poway Municipal Code, section 17.08.170D, and its structural section shall be shown on the grading plan. Resolution No. P-03.-45 Page 8 An adequate drainage system around the building pad capable of handling and disposing all surface water shall be provided to the sat' ' :the Engineering Inspector. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.130B of the grading ordinance. Record drawings shall be submitted ' to allow the City adequate time 1' :1 approval prior to issuance of occupancy and release of grading Fast-growing, evergreen landscaping (shrubs and trees) and irrigation shall be installed along the northerly elevation of the privacy wall/fence to create an additional privacy screen and provide visual relief of the wall from Parcel 3 of Parcel Map 11951. A conceptual landscaping and irrigation plan shall be submitted to the Planning Division 1' :1 approval prior to the installation of the required landscaping and irrigation. The following improvements shall be Director of Safety Services: :1 to the satisfaction of the Roof covering shall meet Class A fire retardant testing as specified in the Uniform Building Standards No. 32-7 for fire retardant roof covering materials per City of Poway Ordinance No. 64. Approved numbers or addresses 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. Addresses shall be required at private driveway entrances. Each chimney used in maintained with a spark arrester. with any fireplace shall be Th -Iway 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 p ' .¢stem(s) shall be provided as required and approved by the Fire Chief. A residential fire sprinkler system with a one-inch meter will be required. Plans shall be submitted to the Fire Prevention Bureau for -- Resolution No. P- 0:1-45 Page 9 approval prior to installation. (If a one-inch lateral off the street main is currently not present, one will have to be installed). The following imp Director of Public Works: shall be -1 to the satisfaction of the The property contains a segment of the planned community recreational trail along the Lake Poway Road frontage. The developer shall improve said trail1 ' ' 5-foot width in accordance with the trail standards provided in the City of Poway Guide to Landscape Requirements. Section 6: The approval of MDRA 00-82 shall expire on September 4, 2003, at 5:00 p.m., unless prior to that time a Building Permit has been issued and construction on the property in reliance on the MDRA 00-82 approval has :1 prior to its expiration. ATTEST: Lo'ri ~n~n~ PASSED, APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 4th day of September 2001. Mich~ Peoples, City Cler Resolution No. P- 01-45 Page 10 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury that the foregoing Resolution No. P- 01-45 was duly adopted by the City Council at a meeting of said City Council held on the 4th day of September 2001, and that it was so adopted by the following vote: AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: EMERY City of Poway